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HomeMy WebLinkAbout5074-24 Declaratory Resolution- Personal Property Tax Abatement Steel Warehouse, LLC 2803 Tucker Drive and 2920 Tucker Drive RESOLUTION No. 5074-24 Passed by the Common Council of the City of South Bend, Indiana April 8, 24 20 Attest: 4.y. City Clerk Bianca L. Tirado Attest: lq_1(y).c_ c0(� � President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana aPAA/1 20 24 City Clerk Bianca L. Tirado Approved and signed by me Are I I C 20 2 . Mayor United States of America -RECEIVED- ��\,,,-11111011��� APR 1 9 2024 *'* ' f ST.JOSEPH COUNTY , , ASSESSOR (51 Certificate STATE OF INDIANA, COUNTY OF ST. JOSEPH, ss: I, Bianca L. Tirado, Clerk of the City of South Bend, County of St. Joseph, Indiana, hereby certify that the attached and foregoing is a full, true, and correct copy of RESOLUTION NO. 5074-24 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 2803 TUCKER DRIVE, SOUTH BEND, INDIANA 46619 AND 2920 TUCKER DRIVE, SOUTH BEND, INDIANA 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR STEEL WAREHOUSE COMPANY, LLC ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APRIL 8, 2024 PRESENTED TO APPROVED AND SIGNED BY MAYOR JAMES MUELLER, APRII, 12, 2024 ATTEST: SHARON L. MCBRIDE, PRESIDENT OF THE COMMON COUNCIL ATTEST: BIANCA L. TIRADO, CITY CLERK the original of which is now on file in the office of the Clerk of the City of South Bend, St. Joseph County, Indiana. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of South Bend, St. Joseph County, Indiana, this tqt' day of NYl 20_AL Bianca L. Tirado Clerk of the City of South Bend St. Joseph County, Indiana By: ��/��W a. .-komAr Deputy BILL NO. 24-11 RESOLUTION NO. 5074-24 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 2803 Tucker Drive, South Bend, Indiana 46619 AND 2920 Tucker Drive, South Bend, Indiana 46619 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE-YEAR (5) PERSONAL PROPERTY TAX ABATEMENT FOR Steel Warehouse Company, LLC WHEREAS, a petition for personal property tax abatement consideration has been filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, requesting that the area commonly known as 2803 Tucker Drive, South Bend, Indiana 46619, and 2920 Tucker Drive, South Bend, Indiana 46619, and which is more particularly described as: Business Personal Property and which has Key Numbers to be assigned, be designated as an Economic Revitalization 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, the area commonly known as 2803 Tucker Drive and 2920 Tucker Drive is part of the Steel Warehouse campus, which also includes the company's headquarters at 2722 Tucker Drive; 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 an Economic Revitalization 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 an Economic Revitalization 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 pursuant to Indiana Code 6-1.1- 12.1-4.5 et seq. that: A. The estimate of the cost of the new industrial and manufacturing equipment is reasonable for equipment of that type; B. The estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new industrial and manufacturing equipment; C. The estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new industrial and manufacturing equipment; D. Any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new industrial and manufacturing equipment;and E. The totality of benefits is sufficient to justify the deduction requested. SECTION 1I. The Common Council hereby determines and finds that the proposed new industrial and manufacturing equipment can be reasonably expected to yield the benefits identified in the Statement of Benefits as set forth in Sections 1 through 3 of the Petition for Personal Property Tax Abatement Consideration and that Statement of Benefits form completed by the petitioner, said form being prescribed by the State Board of Accounts, are sufficient to justify the deduction granted under Indiana Code 6-1.1-12.1-4.5. SECTION Ill. The Common Council hereby accepts the report and recommendation of the Department of Community Investment and the Community Investment Committee's favorable recommendation that the area herein described be designated as an Economic Revitalization Area for purposes of personal property tax abatement and hereby makes such a designation. SECTION IV. The Common Council determines that such designation is for personal property tax abatement only and shall expire on December 31, 2026. SECTION V. The Common Council hereby determines that the property owner is qualified for and is granted 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 - 90% Year 3 - 80% Year 4 - 70% Year 5 - 60% SECTION VI. The Common Council directs the City Clerk to cause notice of the adoption of this Declaratory Resolution for Personal Property Tax Abatement to be published pursuant to Indiana Code 5-3-1, said publication providing notice of the public hearing before the Common Council on the proposed confirming of said declaration. SECTION VII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. (7.) lC Q(?,(_ Sha?afiheake, Coun President South Bend Common Council ,,-: -; STATEMENT OF BENEFITS FORM SB-1 /PP ' ;- :r \ PERSONAL PROPERTY F ' 'f i State Form 51764(R5/1-211 PRIVACY NOTICE s`1;-1, ! Prescribed by the Department of Local Government Finance Any information concerning the cost of the property and specific salaries paid to Individual employees by the property owner is confidential per IC 8-1.1-12.1-5,1. INSTRUCTIONS. 1 This statement must be submitted to the body designating the Economic Revitalization Area prior to the public hearing if the designating body requires information from the applicant in making its decision about whether to designate an Economic Revitalization Area. Otherwise this statement must be submitted to the designating body BEFORE a person installs the new manufacturing equipment and/or research and development equipment,and/or logistical distnbution equipment and/or information technology equipment for which the person wishes to claim a deduction. 2. The statement of benefits form must be submitted to the designating body and the area designated an economic revitalization area before the installation of qualifying abatable equipment for which the person desires to claim a deduction 3 To obtain a deduction,a person must file a certified deduction schedule with the person's personal property return on a certified deduction schedule (Form 103-ERA)with the township assessor of the township where the property is situated or with the county assessor if there is no township assessor for the township. The 103-ERA must be filed between January 1 and May 15 of the assessment year in which new manufactunng equipment and/or research and development equipment and/or logistical distribution equipment and/or information technology equipment is installed and fully functional,unless a filing extension has been obtained. A person who obtains a filing extension must file the form between January 1 and the extended due date of that year 4. Property owners whose Statement of Benefits was approved,must submit Form OF-1/PP annually to show compliance with the Statement of Benefits. (IC 6-1.1-12.1-5 6) 5. Fora Form SB-1/PP that is approved after June 30.2013,the designating body is required to establish an abatement schedule for each deduction allowed For a Form SB-1/PP that is approved pnor to July 1,2013,the abatement schedule approved by the designating body remains in effect (IC 6-1 1-12 1-17) SECTION 1 TAXPAYER INFORMATION Name of taxpayer Name of contact person Steel Warehouse Company LLC First Name: Gerald Last Name:Lerman Address of taxpayer Number and L.iv .fate ZIP Telephone number Email 272 Tucker Drive South Bend IN 46619 (574)236-5100 gerryt@steelwarehouse.net SECTION 2 LOCATION AND DESCRIPTION OF PROPOSED PROJECT Name of designating body Resolution number(s) Common Council of the City of South Bend Location of property Number and Street City State ZIP County DLGF taxing district number 2722 Tucker Drive South Bend IN 46619 St. Joseph 026(South Bend-Portage) Description of manufacturing equipment and/or research and development equipment ESTIMATED and/or logistical distribution equipment and/or information technology equipment. START DATE COMPLETION DATE (Use additional sheets if necessary) Heavy gauge corrective leveling cut-to-length line for flat Manufacturing Equipment 5/1/2024 6/1/2025 rolled steel. R&D Equipment Logist Dist Equipment IT Equipment SECTION 3 ESTIMATE OF EMPLOYEES AND SALARIES AS RESULT OF PROPOSED PROJECT Current Number Salaries Number Retained Salares Number Additional Salaries 575 $34,705,260 21 $ 1,000,440 11 $566,134 SECTION 4 ESTIMATED TOTAL COST AND VALUE OF PROPOSED PROJECT NOTE:Pursuant to IC 6 1.1-12.1-5.1 (d)(2)the MANUFACTURING R&D EQUIPMENT LOGIST DIST IT EQUIPMENT EQUIPMENT EQUIPMENT COST of the property is confidential. COST ASSESSED COST ASSESSED COST ASSESSED COST ASSESSED VALUE VALUE VALUE VALUE Current values $81.957,000 $11,788.554 Plus estimated values of proposed project $9.050,000 r $9,050.000 Less values of any property being replaced $100,000 $500,000 Net estimated values upon completion of project $70,907,000 $20,338,554 $0 $a $a $0 $0 $a SECTION 5 WASTE CONVERTED AND OTHER BENEFITS PROMISED BY THE TAXPAYER Estimated solid waste converted(pounds) I Estimated hazardous waste converted(pounds) Other benefits: SECTION 6 TAXPAYER CERTIFICATION I hereby certify that the representations in this statement are true Signature of authorized representative Date signed(month.day,year) 6,4_,....t// f, 1.-1.-3........., 4/2/2024 Printed name of authorized representative Title Gerald F. Lerman Vice President Page 1 of 2 FOR USE OF THE DESIGNATING BODY We have reviewed our prior actions relating to the designation of this economic revitalization area and find that the applicant meets the general standards adopted in the resolution previously approved by this body. Said resolution, passed under IC 6-1.1-12.1-2.5, provides for the following limitations as authorized under IC 6-1.1-12.1-2. A.The designated area has been limited to a period of time not to exceed N/A calendar years•(see below). The date this designation expires is 12/31/2026 . NOTE:This question addresses whether the resolution contains an expiration date for the designated area. B. The type of deduction that is allowed in the designated area is limited to. 1 . Installation of new manufacturing equipment; ❑r Yes ❑No 0 Enhanced Abatement per IC 6-1.1-12.1-18 2. Installation of new research and development equipment; ❑Yes E N o Check box if an enhanced abatement was approved for one or more of these types. 3. Installation of new logistical distribution equipment. ❑Yes ❑� No 4. Installation of new information technology equipment; ❑Yes 0 No C.The amount of deduction applicable to new manufacturing equipment is limited to$ N/A cost with an assessed value of $ N/A . (One or both lines maybe filled out to establish a limit,if desired.) D.The amount of deduction applicable to new research and development equipment is limited to$ N/A cost with an assessed value of s N/A , (One or both lines may be filled out to establish a limit,if desired.) E.The amount of deduction applicable to new logistical distribution equipment is limited to$ N/A cost with an assessed value of $ N/A . (One or both lines maybe filled out to establish a limit,if desired) F. The amount of deduction applicable to new information technology equipment is limited to$ N/A cost with an assessed value of $ N/A . (One or both lines may be filled out to establish a limit,if desired.) G. Other limitations or conditions(specify) N/A H. The deduction for new manufacturing equipment and/or new research and development equipment and/or new logistical distribution equipment and/or new information technology equipment installed and first claimed eligible for deduction is allowed for: O Year 1 0 Year 2 0 Year 3 0 Year 4 ❑ Year 5 ❑Enhanced Abatement per IC 6-1.1-12.1-18 Number of years approved: O Year 6 0 Year 7 0 Year 8 ❑ Year 9 ❑ Year 10 (Enter one to twenty(1-20)years;may not exceed twenty(20)years.) I. For a Statement of Benefits approved after June 30.2013,did this designating body adopt an abatement schedule per IC 6-1.1-12.1-17? EYes ❑No If yes,attach a copy of the abatement schedule to this form. If no.the designating body is required to establish an abatement schedule before the deduction can be determined. Also we have reviewed the information contained in the statement of benefits and find that the estimates and expectations are reasonable and have determined that the totality of benefits is sufficient to justify the deduction described above. Appro d •(signature and title of aufh mmemogrofdesignating body) Telephone number Date sig ed nth,day, ear) art c�A (siii )Z'')f5•61$1,1 Vy �0'5 Printed uth zed member desi ating bogy. Name of designating body ot.? � �t�e. Common Council of the City of South Bend.Indiana sted py, atu nd ' e of attester Prin ed name of attester {{f�}}li//// �HI Cit - t IWe' Q $&AryD 'If the designating body limits the time period uringiwhich In area is an economic revitalization area,that limitation does not limit the length of time a taxpayer is entitled to receive a deduction to a number of years that is less than the number of years designated under IC 6-1.1-12.1-17. IC 6-1.1-12.1-17 Abatement schedules Sec.17. (a)A designating body may provide to a business that is established in or relocated to a revitalization area and that receives a deduction under section 4 or 4.5 of this chapter an abatement schedule based on the following factors: (1) The total amount of the taxpayer's investment in real and personal property. (2) The number of new full-time equivalent jobs created. (3) The average wage of the new employees compared to the state minimum wage. (4) The infrastructure requirements for the taxpayer's investment. (b)This subsection applies to a statement of benefits approved after June 30,2013. A designating body shall establish an abatement schedule for each deduction allowed under this chapter. An abatement schedule must specify the percentage amount of the deduction for each year of the deduction.Except as provided in IC 6-1.1-12.1-18,an abatement schedule may not exceed ten(10)years. (c)An abatement schedule approved for a particular taxpayer before July 1,2013,remains in effect until the abatement schedule expires under the terms of the resolution approving the taxpayer's statement of benefits, Page 2 of 2