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HomeMy WebLinkAbout4971-22 A Resolution for a Waiver of Non-Compliance Regarding the Vacant Building Tax Abatement for 3602 W. Sample St. SB, IN RESOLUTION No. 4971-22 Passed by the Common Council of the City of South Bend, Indiana August 8, 20 22. 42tAttest: 931.JCity Clerk Dawn M. Jones 4167( 4.picyiticit, Attest; President of Common Council 1.44,147a Presented by me to the Mayor of the City of South Bend, Indiana August 8, 20 22 • City Clerk Dawn M. Jones Approved and signed by me A.A) kS 1 / 20 ZZ 1 Mayor BILL NO. 22-37 RESOLUTION NO. 4971-22 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA WAIVING NONCOMPLIANCE AND CONFIRMING THE GRANT OF CERTAIN VACANT BUILDING TAX ABATEMENT DEDUCTIONS FOR PROPERTY COMMONLY KNOWN AS 3602 W Sample Street, South Bend, IN 46619 FOR 3602 Sample, LLC. WHEREAS, on October 28, 2019, the Common Council of the City of South Bend (the "Common Council") adopted Resolution No. 4815-19 (the "2019 Resolution"), approving a five (5) year real property tax deduction for a building located at 3602 W Sample St, South Bend, IN 46619 (the "Building") by 3602 Sample, LLC. , Inc. or "Taxpayer", within an area located in the City of South Bend that had been designated an economic revitalization area in accordance with IND.CODE § 6-1.1-12.1-1, et seq.; WHEREAS, as part of 3602 Sample, LLC. deduction application, 3602 Sample, LLC. described for the Common Council that 3602 Sample, LLC. would by the end of the three(3) year designation period(a)invest$350,000 on renovation of the vacant building and(b) create, at least, twelve (12)jobs; WHEREAS, 3602 Sample, LLC has completed 95%of the renovations of the building and has met all objectives in its deduction application; WHEREAS, while 3602 Sample, LLC submitted its CF-1NBD form to the City of South Bend Department of Community Investment in 2020, 2021 and 2022, the company inadvertently failed to timely and properly to file the Application for Deduction from Assessed Valuation—Real Property Vacant Building Deduction("Form 322NBD") and the related Compliance Statement of Benefits Vacant Building Deduction("CF-INBD") to the St. Joseph County Auditor; WHEREAS, the Common Council recognizes that (a) 3602 Sample, LLC. has largely fulfilled its pledge to renovate the vacant building; (b) 3602 Sample, LLC. has requested a waiver of its inadvertent oversight for filing of the Application Forms in the wrong office to claim benefits of the tax deduction for the initial two years of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, (c) 3602 Sample, LLC. has requested a waiver of its late filing of the same forms in 2022 to claim benefits of the tax deduction for one year of the tax deduction, which the Common Council has the power and authority to approve under Indiana law, and (d) 3602 Sample, LLC. would have been entitled to receive the tax deduction for the first three years of the deduction period had no noncompliance event occurred; WHEREAS, the Indiana General Assembly has expressed the policy of this State by enacting laws that expressly permit tax abatement noncompliance events such as the untimely or erroneous filing of an application form to be waived; and WHEREAS, the noncompliance event has been corrected, and a public hearing of the Common Council has been held on the subject of this Resolution. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. The Taxpayer has presented testimonial and documentary evidence supporting the Taxpayer's (a) progress towards satisfying its obligations detailed in its original Statement of Benefits and its application for tax deduction related to the vacant building renovations located at 3602 W Sample Street, South Bend, IN 46619 (the "Property"), and (b) 1 inadvertent oversight leading to a belated filing or filing in the incorrect office of the Form 322/VBD "Application for Deduction from Assessed Valuation - Real Property Vacant Building Deduction" to claim the benefits of a tax deduction for the January 1, 2020, January 1, 2021 and January 1, 2022 assessment dates of the Property. SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has substantially fulfilled its projected plans to improve and conduct operations at the Property contemplated as part of the 2019 Resolution (the "Deduction") and that its belated/errant filing of an application required to claim the benefits of the Deduction as of for taxes due and payable in 2021, 2022 and 2023 was inadvertent. SECTION 3. The Common Council hereby waives all matters of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of the Deduction on its investment contemplated as part of the 2019 Resolution as of the January 1,2020,January 1,2021 and January 1,2022 assessment dates, all as is permitted under IND.CODE § 6-1.1-12.1-11.3 (including specific waiver of any and all nonconformities relating to the requirement, under IND. CODE § 6-1.1-12.1- 5 that economic revitalization area deduction applications be timely filed with the county auditor to claim property tax deductions for the 2020-Pay-2021, 2021-Pay-2022 and the 2022-pay-2023 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a)the 2019 Resolution; (b)the tax deduction application and statements of benefits . of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. A41.67, 4.peteziikd Sharon L. McBride, Council President South Bend Common Common Council Atte t: 111///7frea '&6(4/ Di - Dawn M. Jones, City Cler Office of the City Clerk Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City of South Bend, Indiana on the q 6' day of , 2022, at 1/ o'clock (�. m. 401/0121) 4074,0) Dawn M. Jones, City Clerk Office of the City Clerk Approved and signed by me on the I day of fly%f� , 2022, at 3 o'clock m. J A A James Mueller, Mayor City of South Bend, Indiana 2