HomeMy WebLinkAboutAmending Chapter 2 Entitled Tax Abatement Procedures ORDINANCE No. 7661-86
Passed by the Common Council of the City of South Bend, Indiana
July 14, rq 86
Attest: City Clerk
IRENE K. GAMMON
Attest: . �. �_ 11. President o Common N of Council
Presented by me to the Mayor of the City of South Bend, Indiana
July 15, rg 86
City Clerk
IRENE K. GAMMON
Approved and signed by me /6 Ig e6
,L / ?,'r r 1 mayor
SUBSTITUTE
BILL NO. 55-86
ORDINANCE NO. 7( /- '.
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 6
OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED
TAX ABATEMENT PROCEDURES
STATEMENT OF PURPOSE AND INTENT:
To conform with certain amendments to statutory
procedures relating to tax abatement, I.C. 6-1.1-12.1-1, et seq. ,
enacted by the 1985 and 1986 sessions of the Indiana General
Assembly, the South Bend Common Council has determined that certain
amendments to Ordinance No. 7428-85, codified as Chapter 2, Article
6 of the South Bend Municipal Code, are necessary. The Council' s
Human Resources and Economic Development Committee has studied tax
abatement policy and procedures and recommends the following
standards and procedures to the Council in order to use the
availability of tax abatement to encourage economic revitalization
in the City of South Bend.
NOW, THEREFORE, BE IT ORDAINED BY THE SOUTH BEND COMMON
COUNCIL, AS FOLLOWS:
SECTION I. Chapter 2, Article 6, of the South Bend
Municipal Code, is hereby amended to read as follows:
Section 2-76. Personal and real property tax abatement
procedures.
(a) Definition(s) . As used in this Chapter'_
VapWPeltY
(1) Minority shall mean:
21 (A) Black (all persons having origins in any of the Black
African racial groups not of Hispanic origin) ;
2/ (B) Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or other Spanish Culture or
origin, regardless of race) ;
2/ (C) Asian and Pacific Islander (all persons having
origins in any of the original peoples of the Far East, Southeast
Asia, the Indian Subcontinent, or the Pacific Islands) ; or
A/ (D) American Indian or Alaskan Native (all persons having
origins in any of the original peoples of North America and
maintaining identifiable tribal affiliations through membership and
participation or community identification) .
(2) "New Manufacturing Equipment" shall mean tangible
personal property as defined at I.C. 46-1.1-12.1-1(3) .
( 3 ) "Tax Abatement Impact Area" shall mean the
following areas located within the City of South Bend:
Two parcels of land being parts of the City of South
Bend, Portage Township, St. Joseph County,Indiana, and being more
turf-innlarl[r AacnrihcA nc fnllncac N:4 .7.
•
Augustine Addition, to its intersection with
the centerline of Blaine Avenue; thence South
along said centerline to its intersection with
the centerline of Lindsey Avenue; thence East
along said centerline to its intersection with
the centerline of Allen Street; thence South
along said centerline to its intersection with
the first alley north of Lincolnway West;
thence South and East along said alley to its
intersection with the centerline of Cushing
Street; thence South along said centerline to
its intersection with the south boundary of
Jas. Kent' s Subdivision of Bank Out Lot 114 and
part of 113; thence Northeasterly along said
boundary and continuing along the south
boundary of Burrough' s Subdivision of Out Lot
115 to its intersection with the first alley
west of Portage Avenue; thence Northwesterly
along said alley, extended, including Lots 1,
2, 3, 8, 9, and 10 of the St. Joseph County
Agricultural Society Addition, Lots 24, 23 , 22,
16, and 15 of the Studebaker Brothers
Subdivision, Lot 129 of Cushing and Lindsey' s
Addition, Lot 1 of the Muessel First Addition,
Lots 151 and 152 of the Muessel Third Addition,
and Lots 406, 407, 408, 409, 410, 411, 398,
397, 372, 373 , and 374 of Vassar Park, and
excluding Lots 36, 37, and 38 of the Muessel
First Addition, to its intersection with the
northwesterly right-of-way line of the Chicago,
Indiana, and Southern Railroad; thence
Southwesterly along said right-of-way line to
its intersection with the west boundary of a
tract of land conveyed to Charles D. Derr by a
deed recorded in Deed Record Number 8312224 in
the office of the Recorder of St. Joseph
County, Indiana; thence North and West along
said boundary, extended, to its intersection
with the first alley north of Elwood Avenue,
extended; thence East along said alley,
extended, to its intersection with the first
alley east of Portage Avenue; thence South and
Southeasterly along said alley extended,
including a tract of land conveyed to Charles
B. and Elinor K. Burkhart by a deed recorded in
Deed Record 647 Pg. 392 in the office of the
Recorder of St. Joseph County, Indiana, a tract
of land conveyed to Laurence D. and Dorothy L.
Jones by a deed recorded in Deed Record Number
8015987 in the office of the Recorder of St.
Joseph County, Lot 143 of Portage Park, Lot 18
of the Chapin Place First Plat, and Lots 3 and
2 of the C. Fassnacht Addition, to its
intersection with the south boundary of
Burrough' s Subdivision of Out Lot 115; thence
Northeasterly along said boundary and
continuing East along the first alley north of
Marion Street to its intersection with the
centerline of St. Joseph Street; thence South
along said centerline to its intersection with
the centerline of Marion Street; thence East
along said centerline, extended, to its
intersection with the centerline of the St.
Joseph River; thence Northerly along said
centerline to its intersection with the first
alley south of Corby Street, extended; thence
East along said alley to its intersection with
the first alley west of Hill Street; thence
to its intersection with the centerline of
Jefferson Boulevard; thence West along said
centerline to its intersection with the
centerline of the St. Joseph River; thence
Southeasterly and Northeasterly along said
centerline to its intersection with the
centerline of Ironwood Road; thence South along
said centerline to its intersection with the
north boundary line of the New York Central
Railroad; thence West and Northwesterly along
said boundary line to its intersection with the
first alley east of Miami Street, extended;
thence Southerly along said alley, extended,
including Lots 26, 25, 24, 23, 22, and 21 of
Jacob Leer' s survey, to its intersection with
the centerline of Oak Park Court; thence West
along said centerline to its intersection with
the centerline of Miami Street; thence South
along said centerline to its intersection with
the centerline of Dubail Avenue; thence West
along said centerline to its intersection with
the first alley west of Miami Street; thence
North along said alley to its intersection with
the centerline of Pennsylvania Avenue; thence
East along said centerline to its intersection
with the centerline of Miami Street; thence
North along said centerline to its intersection
with the centerline of Brook Street; thence
Northwesterly along said centerline to its
intersection with the west boundary of Wenger
and Krieghbaum' s Vistula Avenue Addition;
thence North and Northwesterly along said
boundary to its intersection with the
northwesterly right-of-way line of the Grand
Trunk Western Railroad; thence West and
Northwesterly along said right-of-way line to
its intersection with the first alley south of
Sample Street; thence West along said alley,
extended, to its intersection with the
centerline of Carroll Street; thence South
along said centerline of Ohio Street; thence
West along said centerline to its intersection
with the first alley east of Michigan Street;
thence South along said alley, extended,
including Lots G and H of Elder Place, to its
intersection with the centerline of Ewing
Avenue; thence West along said centerline to
its intersection with the east right-of-way
line of the Pennsylvania Railroad; thence North
along said right-of-way line to its
intersection with the first alley south of
Indiana Avenue, extended; thence West along
said alley, extended, including Lots 12, 13,
14, 15, 16, 17, 18, 19, 20, 21, 22, 23 , and 24
of Creed' s Second Addition, Lots 55, 56, and 57
of Stull' s Fourth Addition, and Lot A of Raff ' s
Fourth Addition, to its intersection with the
centerline of Catalpa Avenue; thence South
along said centerline to its intersection with
the centerline of Dubail Avenue; thence West
along said centerline to its intersection with
the first alley west of Prairie Avenue,
extended; thence North and Northeasterly along
said alley, extended, including Lots A and B of
intersection with the centerline of Catalpa
Street; thence South approximately 175 feet, to
its intersection with the centerline of Kerr
Street; thence West 220 feet; thence South
approximately 265 feet; thence West 760. 1 feet;
thence Southwest along the boundary of parcel
841 of NW 1/4 Section 14-37-2E for 149.5 feet;
thence continuing Northwest along said parcel
boundary for 116.1 feet to its intersection
with the southern boundary of parcel 841.04 of
NW 1/4 Section 14-37-2E, as recorded in the
Portage Township Assessor' s office, Plat Book
8, Page 21-A; thence West 81.5 feet along said
boundary; thence North 250 feet; thence West
150 feet; thence North 141.25 feet; thence West
approximately 172 feet to its intersection with
the centerline of Webster Street; thence South
along said centerline for 141. 25 feet; thence
West 330 feet; thence South approximately 290
feet; thence West approximately 282 feet to its
intersection with the centerline of Walnut
Street; thence South along said centerline for
approximately 30 feet; thence West
approximately 657 feet; thence North
approximately 360 feet; thence West
approximately 240 feet to the centerline of
Humphrey' s Court; thence North along said
centerline for approximately 493 feet; thence
West 180 feet; thence South approximately 493
feet; thence West approximately 2538 feet to
its intersection with the centerline of Olive
Street; thence North along said centerline for
429.6 feet to its intersection with the
centerline of Sample Street; thence West
approximately 600 feet along said centerline to
its intersection with the north boundary of the
New Jersey and Illinois Railroad; thence
Southwest along said railroad boundary for
approximately 1070 feet, including lots 1, 2,
3 , 4, 5, 6, 7, 8, and 9 of the proposed Sample
Industrial Addition; thence continuing
Southwest for approximately 640 feet; thence
North 311.5 feet; thence West 369.7 feet;
thence North 503 feet; thence West 300 feet;
thence South approximately 145. 2 feet; thence
West approximately 965 feet; thence South 369.6
feet; thence West 193 .5 feet; thence North 350
feet; thence West 18 feet; thence South 350
feet; thence West approximately 295.8 feet to
its intersection with the centerline of
Sheridan Street; thence North along said
centerline for approximately 890.6 feet to its
intersection with the centerline of Sample
Street; thence East approximately 180 feet
along said centerline to its intersection with
the centerline of Sheridan Street; thence North
approximately 157 feet to its intersection with
the centerline of the first east-west alley,
extended, north of Sample Street; thence East
along said centerline to its intersection with
the centerline of Olive Street, which includes
Sections G and H and lots 210, 211, and 212 of
Belle Village; lots 149, 150, 151, 152, 153,
154, 177„ 178, 179, 180, 181, and 182 of
TT
of part of the Third Plat of Summit Place;
thence South along said centerline
approximately 157 feet to its intersection with
the centerline of Sample Street; thence East
along said centerline to its intersection with
the centerline of Chapin Street; thence North
along said centerline to its intersection with
the centerline of Prairie Avenue; thence East
and Northeasterly along said centerline to its
intersection with the centerline of South
Street; thence East along said centerline to is
intersection with the first alley west of
William Street; thence North along said alley,
extended, including the eastern half of State
Bank Out Lots 24, 22, and 15 and Lot 4 of
William Miller' s Subdivision of Bank Out Lots 8
and 9, to its intersection with the first alley
southwest of Lincolnway West, extended; thence
Northwesterly along said alley, extended,
including Lots 6, 4, 2, and 1 of the Horatio
Chapin Subdivision of Bank Out Lots 1 and 2,
Lots 14, 13, 12, and 11 of the Rebecca
Studebaker Subdivision, Lots 1 and 14 of the G.
Rush Subdivision, Lots 1 and 11 of Heintzman' s
Addition, the Colfax School, Lot 46 of the
Pleasant Home Addition, and Lots 4, 3 , 2, 1,
and 7 of the Meass Addition, to its
intersection with the centerline of Rupel
Street; thence West along said centerline to
its intersection with the southeasterly
right-of-way line of the Chicago, Indiana, and
Southern Railroad; thence Northeasterly along
said right-of-way line to its intersection with
the first alley north of Lincolnway West,
extended, which is the point of beginning.
And,
Beginning at the intersection of the centerline
of Sheridan Street and the first alley north of
Western Avenue, extended, in said City; thence
East along said alley, extended, to its
intersection with the first alley east of Meade
Street; thence North along said alley to its
intersection with the first alley north of
Washington Street, extended; thence east along
said alley, extended, including Lots 2, 3, 4,
5, and 6 of Kaley' s Second Subdivision and Lots
112, 113 , 122, 123, 124, 132, 133 , and 134 of
Oak Grove' s First Addition, to its intersection
with the centerline of O'Brien Street; thence
South along said centerline to its intersection
with the centerline of Washington Avenue;
thence East along said centerline to its
intersection with the centerline of Brookfield
Street; thence North along said centerline to
its intersection with the centerline of Colfax
Avenue; thence East along said centerline,
extended, to its intersection with the
centerline of Adams Street; thence South along
said centerline to its intersection with the
centerline of Liston Street; thence East along
said centerline to its intersection with the
first alley east of Circle Avenue; thence South
centerline, extended, to its intersection with
the northeasterly right-of-way line of the New
York Central Railroad; thence Southeasterly
along said right-of-way line to its
intersection with the centerline of Walnut
Street; thence North along said centerline to
its intersection with the first alley north of
Western Avenue; thence East along said alley to
its intersection with the line 132.0 feet west
of and parallel to the west right-of-way line
of Chapin Street; thence North along said line,
extended, including Lot 10 of the Ann Thomas
Subdivision of the Mid. Part of Bank Out Lot
74, to its intersection with the line 159.72
feet north and parallel to the north
right-of-way line of Jefferson Boulevard;
thence East along said line to its intersection
with the line 181. 5 feet east of and parallel
to the east right-of-way line of Chapin Street;
thence South along said line, extended, to its
intersection with the first alley south of
Western Avenue; thence West along said alley,
extended, including a tract of land conveyed to
Michiana Marlin Swim Club, Inc. by a deed
recorded on Deed Record number 8400928 in the
office of the Recorder of St. Joseph County,
Indiana, and the Benjamin Harrison School, to
its intersection with the centerline of
Sheridan Street; thence North along said
centerline to its intersection with the first
alley north of Western Avenue, extended, which
is the point of beginning.
(b) Eligibility. Tax abatement petitions to
the Common Council shall be considered only from owners of
real property or new manufacturing equipment personal
property located within the City who propose economic
revitalization projects which conform to #t/X0A4t/$4¢/$f/
ii0/f0140 44t/¢ 4t0 4#1 general standards for the relevant
category, which will be used, along with requirements set
forth in the definition of economic revitalization area at
I.C. 6-1.1-12.1-1(1) , by the Common Council in finding an
area to be an economic revitalization area for purposes of
property tax abatement under I.C. 6-1.1-12.1-1 et seq. The
Council hereby determines the following standards have a
reasonable relationship to the development objectives of
the City of South Bend.
1. Real Property Tax Abatement.
(a) Housing projects:
(1) For three year tax abatement:
(A) Location within a Tax Abatement
Impact Area.
(2) For six year tax abatement:
(A) Location in a Tax Abatement Impact
Area; and
(B) Minimum construction costs estimated
to exceed Five Hundred Thousand
r,..i i&CAA Ann nn l
States Department of Housing and
Urban Development.
(3 ) For ten year tax abatement:
(A) Location in a Tax Abatement Impact
Area; and
(B) Minimum construction costs estimated
to exceed One Million Dollars
($1,000,000.00) for new construction
and Five Hundred Thousand Dollars
($500,000.00) for rehabilitation; and
(C) Fifteen percent (15%) of the dwelling
units available for occupancy by low
or moderate income households, as
defined by regulations of the United
States Department of Housing and
Urban Development.
(b) Office projects:
(1) For three year tax abatement:
(A) Location within a Tax Abatement
Impact Area.
( 2) For six year tax abatement:
(A) Location within that part of a Tax
Abatement Impact Area known as the
Central Business District, as defined
by maps located in and available for
public inspection at the City' s
Department of Economic Development;
and
(B) Determination by the Redevelopment
Design Review Committee that the
project conforms to the Development
Plan for the South Bend Central
Development Area and that the site
plan and specifications conform to
design guidelines for the Central
Business District.
(3) For ten year tax abatement:
(A) Location within the Central Business
District; and
(B) Determination by the Redevelopment
Design Review Committee that the
project conforms to the Development
Plan for the South Bend Central
Development Area and that the site
plan and specifications conform to
design guidelines for the Central
Business District; and
(C) The project conforms to at least two
of the following criteria:
•
ii. Renovation of a building
determined by the South Bend
Common Council or National
Trust for Historic Preservation
to be an historic building.
iii. Development of skywalks,
covered walkways or interior
connections, in accordance with
the South Bend Central
Development Area Development
Plan.
iv. Structural Parking or
connections to existing parking
structures as a part of the
project.
v. At least seventy-five percent
of the net leasable square
footage on the first floor of
the project to be used for
retail businesses.
vi. Rehabilitation of a building
that has been vacant for at
least one year.
(c) Retail/Commercial projects:
(1) For three year tax abatement:
(A) Location in a Tax Abatement Impact
Area.
(2) For six year tax abatement:
(A) Location within the Central Business
District or within the following
designated areas within neighborhood
business districts:
CENTRAL BUSINESS DISTRICT
Beginning at a point formed by the intersection
of the centerline of LaSalle Street and the centerline
of Michigan Street; thence South along the centerline
of Michigan Street to its intersection with the
centerline of Colfax Avenue; thence East along said
centerline to its intersection with the centerline of
St. Joseph Street; thence South and Southwesterly along
said centerline to its intersection with the centerline
of Monroe Street; thence West along said centerline to
its intersection with the centerline of Main Street;
thence North along said centerline to its intersection
with the centerline of Wayne Street; thence West along
said centerline to its intersection with the first
alley west of Lafayette Street; thence North along said
alley to its intersection with the centerline of
LaSalle Street; thence East along said centerline to
its intersection with the centerline of Michigan Street
which is the point of beginning, all in the City of
South Bend, Portage Township, St. Joseph County,
Indiana.
SOUTH GATEWAY
Beginning at a point formed by the intersection
of the centerline of Monroe Street and the first alley
-1 --- --4A -11 --
North along said alley, extended, to its intersection
with the centerline of Monroe Street; thence East along
said centerline to its intersection with the first
alley east of Michigan Street which is the point of
beginning, all in the City of South Bend, Portage
Township, St. Joseph County, Indiana.
WESTERN AVENUE
Beginning at a point formed by the intersection
of the centerline of Olive Street and the southwesterly
right-of-way line of the New York Central Railroad;
thence Southeasterly along said right-of-way line to
its intersection with the centerline of Walnut Street;
thence North along said centerline to its intersection
with the first alley north of Western Avenue; thence
East along said alley to its intersection with the
centerline of Chapin Street; thence South along said
centerline to its intersection with the first alley
south of Western Avenue; thence West along said alley,
extended, including a tract of land conveyed to
Michiana Marlin Swim Club, Inc. by a deed recorded on
Deed Record Number 8400928 in the office of the
Recorder of St. Joseph County, Indiana, to its
intersection with the centerline of Olive Street;
thence North along said centerline to its intersection
with the southwesterly right-of-way line of the New
York Central Railroad, which is the point of beginning,
all in the City of South Bend, Portage Township, St.
Joseph County, Indiana.
LINCOLNWAY WEST
Beginning at a point formed by the intersection
of the southeasterly right-of-way line of the Chicago,
Indiana, and Southern Railroad and the first alley
north of Lincolnway West, extended; thence
Southeasterly, South, and East along said extended
alley, including Lot 11 of the Augustine Addition, to
its intersection with the centerline of Blaine Avenue;
thence South along said centerline to its intersection
with the centerline of Lindsay Avenue; thence East
along said centerline to its intersection with the
centerline of Allen Street; thence South along said
centerline to its intersection with the first alley
north of Lincolnway West; thence South and East along
said alley to its intersection with the centerline of
Cushing Street; thence South along said centerline to
its intersection with the south boundary of Jas. Kent's
Subdivision of Bank Out Lot 114 and part of 113; thence
Northeasterly to its intersection with the first alley
northeast of Lincolnway West; thence Southeasterly
along said alley, extended, to its intersection with
the centerline of Marion Street; thence East along said
centerline to its intersection with the centerline of
Chapin Street; thence Southwesterly along said
centerline to its intersection with the first alley
southwest of Lincolnway West; thence Northwesterly
along said alley, extended, including Lots 1 and 11 of
Heintzman' s Addition, the Colfax School, Lot 46 of the
Pleasant Home Addition, and Lots 4, 3 , 2, 1, and 7 of
the Meass Addition, to its intersection with the
centerline of Rupel Street; thence West along said
centerline to its intersection with the southeasterly
(B) For projects in the Central Business
District, a determination by the
Redevelopment Design Review Committee
that the project conforms to the
Development Plan for the South Bend
Central Development Area and that the
site plan and specifications conform
to design guidelines for the Central
Business District.
(3 ) For ten year tax abatement:
(A) Location within the Central Business
District; and
(B) Determination by the Redevelopment
Design Review Committee that the
project conforms to the Development
Plan for the South Bend Central
Development Area and that the site
plan and specifications conform to
design guidelines for the South Bend
Central Development Area; and
(C) The project conforms to at least two
of the following criteria:
i. Real property sold to the
petitioner by the South Bend
Redevelopment Commission
through a contract for sale of
land and deed under I.C.
36-7-14-1, et seq.
ii. Renovation of a building
determined by the South Bend
Common Council or National
Trust for Historic Preservation
to be an historic building.
iii. Development of skywalks,
covered walkways or interior
connections, in accordance with
the South Bend Central
Development Area Development
Plan.
iv. Structural parking or
connections to existing
structures as a part of the
project.
v. Rehabilitation of a building
that has been vacant for at
least one year.
(d) Mixed use (retail, housing, office, with office
space not exceeding one-third of net leasable
space) :
(1) For three year tax abatement:
(A) Location within that part of a tax
abatement impact area known as the
(A) Location within the South Bend
Central Development Area; and
(B) Determination by the Redevelopment
Design Review Committee that the
project conforms to the Development
Plan for the South Bend Central
Development Area and that the site
plan and specifications conform to
design guidelines for the South Bend
Central Development Area; and
(C) The project conforms to at least one
of the following criteria:
i. Real property sold to the
petitioner by the South Bend
Redevelopment Commission
through a contract for sale of
land and deed under I.C.
36-7-14-1, et seq.
ii. Renovation of a building
determined by the South Bend
Common Council or National
Trust for Historic Preservation
to be an historic building.
iii. Development of skywalks,
covered walkways or interior
connections, in accordance with
the South Bend Central
Development Area Development
Plan.
iv. Structural parking or
connections to existing parking
structures as a part of the
project.
v. At least seventy-five percent
of the net leasable square
footage on the first floor of
the property to be used for
retail businesses.
vi. Rehabilitation of a building
that has been vacant for at
least one year.
(3 ) For ten year tax abatement:
(A) Location within the South Bend
Central Development Area; and
(B) Determination by the Redevelopment
Design Review Committee that the
project conforms to the Development
Plan for the South Bend Central
Development Area and that the site
plan and specifications conform to
design guidelines for the South Bend
Central Development Area; and
(C) The project conforms to at least two
of the following criteria:
ii. Renovation of a building
determined by the South Bend
Common Council or National
Trust for Historic Preservation
to be an historic building.
iii. Development of skywalks,
covered walkways or interior
connections, in accordance with
the South Bend Central
Development Area Development
Plan.
iv. Structural parking or
connections to existing parking
structures as a part of the
project.
v. At least seventy-five percent
of the net leasable square
footage on the first floor of
the property to be used for
retail businesses.
vi. Rehabilitation of a building
that has been vacant for at
least one year.
(e) Industrial projects:
(1) For three year tax abatement:
(A) The new or rehabilitated property
uses will be within major groups
20-39 of the Standard Industrial
Classification Manual, published by
the United States Office of
Management and Budget, which manual
is hereby incorporated by reference
and a copy of which is available in
the Office of the City Clerk.
(2) For six year tax abatement:
(A) New or rehabilitated property uses
within major groups 20-39 of the
Standard Industrial Classification
Manual.
(B) At least 30 new, full-time, permanent
jobs created by the project within
one year, as certified by the
petitioner.
(3 ) For ten year tax abatement:
(A) New or rehabilitated property uses
within major groups 20-39 of the
Standard Industrial Classification
Manual.
(B) At least 60 new, full-time, permanent
jobs within one year created by the
(f) Warehousing (office and retail space not to
exceed 20% of net leasable or usable space) :
(1) For three year tax abatement:
(A) New or rehabilitated property uses
within major group 42 of the Standard
Industrial Classification Manual.
(2) For six year tax abatement:
(A) New or rehabilitated property uses
will be within major group 42 of the
Standard Industrial Classification
Manual.
(B) At least 15 new, full-time, permanent
jobs created by the project within
one year, as certified by the
petitioner.
( 3 ) For ten year tax abatement:
(A) New or rehabilitated property uses
within major group 42 of the Standard
Industrial Classification Manual.
(B) At least 25 new, full-time, permanent
jobs created by the project within
one year, as certified by the
petitioner.
(C) At least twenty percent of the new
jobs to be created targeted to Job
Training Program-eligible
individuals.
2. Personal Property Tax Abatement for New
Manufacturing Equipment. All petitions must meet at least one of
the following criteria:
X,! (A) TKO/400 New or rehabilitated
property uses will be within major
groups 20 through 39 or 42 of the
Standard Industrial Classification
Manual, published by the United
States Office of Management and
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(C) At least 100 new permanent jobs shall
be created by the project, as
certified by the petitioner.
16.40�4000/i/1/10003 1/4MA4/4M0 ( 3) The proposed project may not
contain any one or more of the following uses:
A. Private or commercial golf course;
B. Country club;
•
F. Racquet sports facility, including any
handball or racquet ball court;
G. Hot tub facility;
H. Sun tan facility;
I. Race Track;
J. Adult bookstore, as defined by SBMC §21-1;
K. Adult motion picture theater, as defined by
SBMC § 21-1;
L. Adult mini motion picture theater, as
defined by SBMC § 21-1;
M. Amusement arcade, as defined by SBMC §21-1;
N. Class B cabaret, as defined by SBMC § 21-1;
O. Pawn shop;
P. Pool or billard hall;
Q. Public dance hall; or
R. Dwellings, as defined by SBMC § 21-1, except
that within the tax abatement impact areas
described in Section 2-76(a) ( 3) , the
project may contain multi-family dwellings
or a group of five or more single-family
dwellings.
ffti (C) Petition filing. Owners of real property or
i00AliA40Afet i rit/040t.ui0416/A4/d0fX404/14/Z101/07g1Z7g21%nin
New Manufacturing Equipment located within the City may petition
the Common Council on forms provided by the City Clerk for real or
personal property tax abatement consideration. All information and
attachments required on the petition must be completed and filed
with the City Clerk together with a filing fee of One Hundred Fifty
Dollars ( $150.00) to cover reasonable processing and administrative
costs.
1'¢1 (D) Petition Information. Property owners
petitioning for tax abatement shall provide the following
information on the petition to enable the Council to consider their
request:
1. The name(s) and address(es) of the real property
owner(s) (and personal property owner(s) , in the
case of the request for personal property tax
abatement) , and any other person(s) leasing,
intending to lease, or having an option to
purchase such property, and a brief description
of the business.
2. If the business organization is publicly held,
the name of the corporate parent and the name
under which the corporation is filed with the
Securities Exchange Commission.
3 . The legal description and commonly known address
of the real property for which real property tax
abatement is being petitioned; or the legal
5. The current assessed valuation of the real
property improvement before rehabilitation,
redevelopment, economic revitalization, or
improvement; or the current assessed valuation of
the tangible personal property to be replaced by
new manufacturing equipment.
6. Photographs of the location taken within two
weeks of the filing of the petition.
7. The real and personal property taxes paid at the
location during the previous five years, whether
paid by the current owner or a previous owner.
8. The commitment made within the past five years to
hiring minority individuals including number of
minorities employed during each of the past five
years, specifying whether fulltime or part-time
and whether permanent or temporary employees.
9. An estimate of the after-rehabilitation market
value of the real property or an estimate of the
market value of the new manufacturing equipment
after installation.
10. An estimate of the amount of taxes to be abated
during each of the first five years after
rehabilitation or installation.
11. The commitment to minority employment during the
first five years of tax abatement.
12. A description of the proposed project (whether
rehabilitation, new contruction, or installation
of new manufacturing equipment) : including
information about physical improvements to be
made or the new manufacturing equipment to be
installed, an estimate of the cost of the
project, the amount of land to be used, the
proposed use of the improvements, and a general
statement as to the value of the project to the
business.
13 . An estimate of the number of new permanent jobs
to be created by the project within one year, and
a statement of the current number of permanent
and part-time jobs at the location and the impact
on those current jobs to be caused by the project
14. Verification that no building permit has been
issued for construction on the property for the
improvement proposed or verification that the new
manufacturing equipment has not been installed.
15. The Standard Industrial Classification Manual
major group within which the proposed project
would be classified, by number and description.
16. Other anticipated public financing for the
project, including, if any, industrial revenue
bonding to be sought or already authorized,
assistance through the United States Department
of Housing and Urban Development funds from the
City of South Bend, Small Business Association
Section 503 financing through the Business
Development Corporation of South Bend, Mishawaka,
and St. Joseph County, Indiana; or other public
financial assistance.
development, cessation of growth, deterioration
of improvements, or character of occupancy, age,
obsolescence, substandard buildings, or other
factors which have impaired values and prevent a
normal development of the property or property
use.
18. For personal property tax abatement, a
description of why the facility or group of
facilities to be replaced are technologically,
economically, or energy obsolete, whereby the
obsolescence may lead to a decline in employment
and tax revenues; together with a verification
that the t 416X0/160 40A#X/IV0160 14 new
manufacturing equipment will be used in the
direct production, manufacture, fabrication,
assembly, extraction, mining, processing,
refining, or finishing of other tangible personal
property and that the 16¢ 4$4#7L/IV$16$ 1 new
manufacturing equipment was never before used by
its owner for any purpose in Indiana.
19. The name, address, and telephone number of the
person to contact regarding notice of council
meetings and public hearings concerning the
petition.
Section 2-77. Petition review and consideration.
(a) Upon receipt of a petition containing all
requested information, including all attachments, the City Clerk
shall refer the petition and attachments to the Department of
Economic Development for review. The Department shall review the
petition and attachments, obtain any additional information
required from the petitioner, and shall inform the Council Human
Resources and Economic Development Committee and the Mayor' s
Minority Affairs Council in a written report within 15 working days
of receipt of the petition from the Clerk:
1. Whether all required information has been
submitted by the petitioner;
2. Whether the information contained in the petition
indicates that the requirements of this Article
are met by the project as described in the
petition;
3. Whether zoning requirements have been met,
according to the Department of Code Enforcement;
and
4. Whether the project is located in a tax
allocation area, as defined in I.C. 36-7-14-39,
and if so, whether the South Bend Redevelopment
Commission has adopted a resolution approving
that application.
5. If additional terms of tax abatement have been
agreed upon, a copy of the executed agreement.
(b) The Human Resources and Economic Development
Committee shall examine, review, and conduct a public committee
meeting concerning the petition and shall submit its recommendation
to the Council as to whether the property qualifies as an economic
revitalization area under the terms of this Article and of I .C.
r 1 1 4 ,1 1 A / 1 %
abatement, and shall specify whether the abatement is for real
property tax deduction or for personal property tax deduction, the
length of time during which the area shall be so designated, and
the general boundaries of the area by describing its location in
relation to public ways. If the abatement is for real property
taxes the Council shall specify whether the abatement is for three
( 3 ) , six (6) , or ten (10) years. Upon adoption of the declaratory
resolution, the City Clerk shall file the resolution with the
County Assessor, together with supporting data required by I.C.
6-1.1-12.1-2.5.
(d) If the area is located within an allocation area
as defined in I.C. 36-7-14-39, as declared by the South Bend
Redevelopment Commission, the Council shall not adopt a declaratory
resolution declaring an area to be an economic revitalization area
for purposes of either real property tax deduction or personal
property tax deduction if the Commission has not adopted a
resolution approving the petition.
(e) Upon adoption of the declaratory resolution, the
City Clerk shall cause notice of the adoption to be published
pursuant to I.C. 5-3-1, and shall include in the notice information
about the adoption of the declaratory resolution, the substance of
the resolution, that a description of the affected area is
available and can be inspected in the County Assessor' s office, the
date when the Common Council will receive and hear all
remonstrances and objections from interested persons; and any other
information required by I.C. 6-1. 1-12.1-2.5.
(f) Following the legal publication and on the date
published in the legal notice, a public hearing on the declaratory
resolution shall be held by the Council, at which time the Council
shall receive and hear all remonstrances and objections from
interested persons pertaining to the petition. At the public
hearing, the Council shall determine whether the petition complies
with this Article and with I .C. 6-1. 1-12.1, and shall consider all
pertinent requirements for economic revitalization areas prior to
taking final action determining whether the petition meets
qualifications for an economic revitalization area and confirming,
modifying and confirming, or rescinding the declaratory
resolution. The determination of Council is final except that an
appeal may be taken and heard as provided by I.C. 6-1.1-12.1-2. 5
(d) and (e) .
(g) A designation as an economic revitalization area
shall expire, and the declaratory resolution shall so state, one
year from the adoption of the declaratory resolution, if during
that year a building permit has not been issued for the proposed
project if the area was declared for real property tax abatement,
or new manufacturing equipment as defined by I.C. 6-1.1-12.1-1 has
not been installed within the area declared for personal property
tax abatement.
(h) A designation as an economic revitalization area
shall expire, and the declaratory resolution shall so state, two
years from the effective date of the declaratory resolution.
(i) All procedures and determinations under this
Article shall be consistent with I.C. 6-1.1-12.1-1 et seq. , and as
amended from time to time, and in case of any inconsistency or
conflict with the statutory provisions, those statutory provisions
shall apply.
Section 2-78. Annual Reports Required.
(b) The annual report shall include the following
information:
1. The name and address of the person(s) filing the
report.
2. The amount of real and/or personal property taxes
paid for the property during the year 14/16 160/
0446At¢j before the property was declared as an
economic revitalization area and during the
IV$3 U93144 most recent tax year.
3. The current number of part-time jobs and fulltime
jobs, specifying whether permanent or temporary,
and the number of such jobs as of the end of the
year immediately prior to receiving tax
abatement.
4. The names of local and/or minority contractors
used during the renovation of the real property
and/or installation of new manufacturing
equipment for which tax abatement was received.
5. The number of minorities hired for fulltime jobs
and for part-time jobs, specifying whether such
jobs are permanent or temporary, since the
completion of the project for which tax abatement
was given.
(c) The att/011ea Department of Economic
Development shall forward information provided in parts 2, 4 and
5 of subsection ( 6) from each annual report to the Minority Affairs
Council for its review.
(d) The Department of Economic Development shall file
a summary report on or before March 31 with the City Clerk and
Common Council detailing the number of tax abatement petitions
filed for the preceding year, the number granted, the number of
taxes abated as estimated by the petitioner, and other relevant
information.
Section 2-79. Review by Common Council.
The Common Council shall review at least every two ( 2)
years the tax abatement procedures established by this Article.
SECTION II. This ordinance supercedes and rescinds any
previous ordinances or resolutions concerning tax abatement
procedural matters passed by the Common Council, including but not
necessarily limited to Ordinance No. 7428-85 and No. 7452-85.
SECTION III. This ordinance shall be in full force and
effect from and after its passage by the Common Council and
approval by the Mayor.
/ /
•
r� 0 � '�°�'I�'I,</, `�d44i� ROGER O. PARENT, Mayor•
IM:' ,.,ACE /•T')�' DEPARTMENT OF ECONOMIC DEVELOPMENT
W'.%�� ,r. .4
�j; ,./ 1200 COUNTY-CITY BUILDING SOUTH BEND,INDIANA 46601 (219)284-9371
+it%`` i8s5•�•�
JON R.HUNT
EXECUTIVE DIRECTOR
ANN KOLATA
EXECUTIVE DEPUTY DIRECTOR May 5 , 1986
South Bend Common Council Members
4th Floor, County-City Building
South Bend, Indiana 46601
Dear Council Members:
Due to changes in the State law, the Common Council now has the
ability to approve real property tax abatements for three, six or
ten year periods . The attached ordinance, incorporating these
provisions, is the result of several months of discussion by the
Human Resources and Economic Development Committee.
The ordinance establishes the criteria for granting three, six
or ten year real property tax abatement. The ordinance is based on
two major premises. First, that the City should not grant abatement
for a longer period than is necessary. Second, there should be more
benefits to the City for the longer periods of abatement.
If you have any questions concerning this ordinance, please
feel free to contact me.
Sincerely,
(2/..4.4.42/—
on R. Hunt
Executive Director
JRH:cp
9/m
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REDEVELOPMENT COMMUNITY PLANNING HOUSING REHABAITATION HUMAN RIGHTS YOUTH SERVICES
ANN KOLATA & BUSINESS DEVELOPMENT JANET HOLSTON LARRY JOHNSON BONNIE STRYCKER
284-9371 DONALD INKS 284-9475 284-9355 284-9231
284-9335
T immtttre &Tort
en the ftnnnnnn Mow n% of tip CV of ifluttil pnd:
Your Committee of the Whole
to whom was referred
BILL NO.
55-86 A BILL AMENDING CHAPTER 2, ARTICLE 6, OF THE SOUTH BEND
MUNICIPAL CODE, ENTITLED TAX ABATEMENT PROCEDURES.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable, as amended,
by substitution of a new bill.
Ann B. Puzzello Chairman
FREE PRESS PUBLISHING Co.