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Home My WebLink About5015-23 Designating 5-Year Tax Abatement Properties: 724 & 726 Harrison Ave. South Bend, IN RESOLUTION No. 5015-23 Passed by the Common Council of the City of South Bend, Indiana April 10, 20 23 Attest: Pk(/2/y[.J5 • I / City Clerk Dawn M. Jones Attest; Ls) Art lI>1 Nd, President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana April 11 , 20 23 /6e(A ) 7/6 /I / _ City Clerk Dawn M. Jones l 1Il Approved and signed by me AP 20 23 Mayor BILL NO. 23-18 RESOLUTION NO. 5015-23 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 724 Harrison Avenue, South Bend, IN 46616 AND 726 Harrison Avenue, South Bend, IN 46616 AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE-YEAR (5) RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR Cross Community, Inc. WHEREAS, a petition for real property tax abatement have been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the areas described as: Key Number: 71-08-02-407-013.000-026 Commonly Known As: 724 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 2 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 and Key Number: 71-08-02-407-012.000-026 Commonly Known As: 726 Harrison Avenue, South Bend, IN 46616 Legal Description: Lot 1 Kingdom Campus Minor Sub 23/24 NP#1221 6/27/2022 be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend Municipal Code Sections 2-76 et seq.; and WHEREAS,petitioner has agreed to and has accepted responsibility to report any changes in the Key Number and legal description to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS,the Department of Community Investment has concluded an investigation and prepared a report with information sufficient for the Common Council to determine that the area qualifies as a Residentially Distressed Area under Indiana Code 6-1.1-12.1, et seq., and South Bend Municipal Code Sections 2-76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and WHEREAS,the Community Investment Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as a Residentially Distressed Area. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the Petition for Real Property Tax Abatement and the Statement of Benefits form completed by the Petitioner meet the requirements of Indiana Code 6-1.1-12.1 et seq. for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance No. 9394-03, which was passed on February 10, 2003: A. The area is comprised of parcels that are either unimproved or contain only one- family (1) or two-family (2) dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under Indiana Code 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under Indiana Code 6-1.1-24 and Indiana Code 6-1.1-25; or ii. are owned by a unit of local government; or D. A significant number of dwelling units within the area are not permanently occupied or a significant number of parcels in the area are vacant land; or E. A significant number of dwelling units within the area are: i. the subject of an order issued under Indiana Code 36-7-9; or ii. evidencing significant building deficiencies; or F. The area has experienced a net loss in the number of dwelling units, as documented by census information, local building and demolition permits, or certificates of occupancy, or the areas are owned by Indiana or the United States; or G. The area (plus any areas previously designated under this subsection) will not exceed ten percent(10%) of the total area within the Council's jurisdiction. SECTION III. The Common Council also hereby determines and finds the following: A. That the description of the proposed redevelopment meets the applicable standards for such development; B. That the estimate of the value of the redevelopment is reasonable for projects of this nature; C. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment; D. That the totality of benefits is sufficient to justify the requested deduction, all of which satisfy the requirements of Indiana Code 6-1.1-12.1-3; E. That the deduction will not be allowed unless the dwelling is rehabilitated to meet local code standards for habitability; and F. That the deduction will not be allowed unless the dwelling rehabilitation is completed by December 31, 2025. SECTION IV. The Common Council hereby determines and finds that the proposed described redevelopment can be reasonably expected to yield benefits identified in the Statement of Benefits and the petition for real property tax abatement consideration and that the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-3. SECTION V. The Common Council hereby accepts the report and recommendation of the Community Investment Committee that the area herein described be designated as a Residentially Distressed Area and hereby adopts a Resolution designating this area as a Residentially Distressed Area for purposes of real property tax abatement. SECTION VI. The designation as a Residentially Distressed Area shall expire on December 31, 2025. SECTION VII. The Common Council hereby determines that the property owner is qualified for and is granted a real property tax deduction for a period of five(5) years as shown below pursuant to Indiana Code 6-1.1-12.1-17. Year 1 - 100% Year 2 - 100% Year 3 - 95% Year 4 - 95% Year 5 - 90% SECTION VIII. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Real Property Tax Abatement to be published pursuant to Indiana Code 5-3-1 and Indiana Code 6-1.1-12.1-2.5, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION IX. Pursuant to Indiana Code 6-1.1-12.1-2, the rehabilitation must meet all local code standards for habitability as a specific condition of having such property designated as a residentially distressed area. SECTION X. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. Gt, 1 y ✓17(.- LI So nMcBridei�� , Council President South Bend Common Council Attest: ilita -74 / Dawn M. Jones, City Clerk / Office of the City Clerk Presented by me, the undersigned Clerk of the C. y of South Bend, to the Mayor of the City of South Bend, Indiana, on the I/- . day of , 2023, at 1/ o'clock i2 .m. /414 401)/(/1) Dawn M. Jones, City Clerk Office of the City Clerk PA Approved and signed by me on the , 3 day of 7r, 1 ,2023,at 2 o'clock rm. Ait. ../"-- Jame Mueller, Mayor City f South Bend