Loading...
HomeMy WebLinkAboutAmending Chapter 2 Entitled Tax Abatement Procedures ORDINANCE No. 7452-85 Passed by the Common Council of the City of South Bend, Indiana May 13, • Attest: City Clerk IRENE K. GAMMON Attest: 4/ President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana May 14, /9 85 ef City Clerk IRENE K. GAMMON Approved and signed by me 21(-er_.5 7/ zgRr atftitif Mayor SUBSTITUTE BILL NO. 27-85 ORDINANCE NO. 25/5„7-/S- AN ORDINANCE AMENDING CHAPTER 2 , ARTICLE 6 , OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED TAX ABATEMENT PROCEDURES STATEMENT OF PURPOSE AND INTENT Following extensive committee meetings and review, the Common Council on January 28, 1985 , passed Ordinance No. 7428-85, which set forth a comprehensive approach to real and personal tax abatement. Since that time, two ( 2 ) areas of concern have been raised which require minor amendments to be made to the ordinance. The Council believes that these amendments are necessary and are in keeping with the goal of encouraging economic revitalization for the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I . Chapter 2 , Article 6 , Section 2-76 , is amended in part to read as follows: SECTION 2-76 . Personal and Real Property Tax Abatement Procedures. (b) Eligibility. 2 . The property is located within one of the following areas of the City, which the Council hereby declares as tax abatement impact areas: Two parcels of land being parts of the City of South Bend, Portage Township, St. Joseph County, Indiana, and being more particularly described as follows, viz: Beginning at 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, in said City; thence Southeasterly, South and East along said 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 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 alone Ga; (`Pn1PY� ; no 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 South along said alley, extended, to its intersection with the first alley south of Kalorama Street; thence East along said alley to its intersection with the first alley east of Hill Street; thence South along said alley 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 along said centerline 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 rpnf Prl i nr> of lliiha i l Z\Nroniio. 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 to its intersection with the centerline of Ohio Street; thence Bass 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 the Basil Rupel Addition, and continuing North along the centerline of McPherson Street, extended, to its intersection with the centerline of Garst Street, extended; thence East along said centerline, extended, 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 its 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 Sn„tharn P 1 i-r a�• +hon�o 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 along said alley to its intersection with the first alley north of Washington Avenue; thence East along said alley to its intersection with the centerline of Laurel Street, eeeeded; extended; thence South along said centerline, extended, to its intersection with the first alley south of Washington Avenue; thence West along said alley to its intersection with the centerline of Cherry Street; thence South along said 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. SECTION II. Chapter 2 , Article 6 , Section 2-77 , is amended in part by the following addition: SECTION 2-77 . Petition Review and Consideration. ( j ) If a petition and corresponding resolutions for real or personal property tax abatement are not adopted by the Common Council , a new petition for the same real or personal tax abatement consideration cannot be filed by the Petitioner until six ( 6 ) months after the denial by the Council . 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. ember of the pf on Council 2nd READIN:`= - / 3. 8 J, '4OT APPROVED finmmtttrr Sore au tl1e Tom= (tomtit at tlir QIitg af'nntli ignite Your Committee of the Whole to whom was referred BILL NO. 27-85 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 Joseph T. Serge Chairman FREE PRESS oPeasio PUBLISHING CO. ® AY 0: ;to% d° CITY of SOUTH BEND $1 ~ \\PEACE x ; COMMON COUNCIL e®® 441 COUNTY-CITY BUILDING SOUTH BEND,INDIANA 46601 BEVERLIE J.BECK Area 219 284.9321 President EUGENIA BRABOY vice-President April 22, 19 8 5 JOSEPH T.SERGE Chairman, Committee of the Whole The South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 JOSEPH T.SERGE First District EUGENIABRABOY Dear Councilmembers : Second District BEVERLIEJ.BECK The attached bill would make two (2) minor amend- Third District ments to the Tax Abatement Ordinance. ANN B.PUZZELLO Fourth District ROBERTG.TAYLOR The first would require that the "100 new permanent Fifth District Jobs" be created within 18 months of the adoption of the THOMAS ZAKRZEWSKI confirming resolution. Sixth District BEVERLY D.CRONE At large The second would place a six (6) month waiting AL B.PASZEK period in effect for petitioners who were denied tax At Large abatement and wish to re-petition the Council. JOHN VOORDE At Large I look forward to discussing this with you. K.CEKANSKI-FARRAND Council Attorney Sincerely, Eugenia Braboy CC : Ann Kolota Eugenia Schwartz