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HomeMy WebLinkAboutAmending Chapter 2 Entitled Tax Abatement ProcrduresORDINANCE No. 6909 -81 Passed by the Common Council of the City of South Bend, Indiana Presented by me to the Mayor of the City of South Bend, GAMMON Clerk of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. V1 Q Q _ $ AN ORDINANCE AMENDING CHAPTER 2, ARTICLE 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, ENTITLED TAX ABATEMENT PROCEDURES. STATEMENT OF PURPOSE AND INTENT: The Common Council of the City of South Bend recognizes the need to stimulate growth within its corporate limits. It fur- ther recognizes that incentives to locating underutilized or bypassed land is in the City's best interest. The tax abatement procedures developed by the Council in compliance with Indiana Code 6 -1.1 -12.1 require further clarification for effective utilization. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. Chapter 2, Article 6 of the Municipal Code of the City of South Bend, Indiana, shall be amended as follows: Sec. 2 -76. Tax Abatement Petition Required. (a) The owner or owners of property which is located within the City shall petition the Common Council for tax abatement conside- ration by filing a the petition with the City Clerk iaeludiRg -the €ellewiRg- iR €ermatiea- Nether with payment of a $50.00 fee to cover administrative-costs. (b) The petition shall be com leted in full the following information for properties located wi (1) the names or names and addresses of the property owners and any other persons intending to lease or having an option to buy such property; (2) the legal description and commonly known address of the property for which tax abatement is being petitioned; (3) a map designating the area in question for consideration; (4) the assessed value of the improvement before rehabilita- tion or redevelopment; (5) pictures of the area in question taken at least two (2) weeks within the filing of the petition; (6) a-statement-veri€ying- that -eR -the- area- in- gnestieR- eendi- tieas- exist- wl�iek- eanaet- be- eerreeteri- by- regnlatery- sreeess, -er -by tie- erdiaary- egeratieas -e €- private- eaterarise ;- Faitkettt- resertiag -te tax- abateraeRt; -er a written estimate of the market value of the real property improvements after rehabilitation or redevelopment; (7) that- the - area- ia- grxestien- has - been- bypassed- er- zdnder- xtil feed- due- te- eeeRemie- eireumstanees- whiek- Dave - deterred- Rermal develepmeat; a statement describing how the public health and welfare neritee b tnis articuiar rehabilitation or r a statement escri ine the propose use: (3) a- staterttent- deseribing -hew- the- pxblie- health- aad-wel €are will- be- bene €ited -by- this -par tieu lar- rehabilitation- er- redevelepEteRt; a statement indicating the number of new permanent jobs which will be create y the pro,7ect; (9) a statement verifying that no building permit has been issued for construction on the property in connection with the improve ment in question. (c) For those ro erties located outside of those areas desig- nated by the Common Council as Tax Abatement Impact Areas, the of ow- ina additional information shall also be or in the petition: {9} (1) a statement verifying that the area in question has become undesirable for or impossible for normal development, has experienced a cessation of growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard buildings, and other factors which have impaired values and prevent a..normal development of the property or property use; (2) a statement verifying that the community will realize a significant net increase in jobs as a result o this rehabilitation or redevelopment: (3) a statement verifying that the community will realize a net increase in South Bend's assessed valuation of Real Property. {} 9}-- a- statexteat- eeri€ yiag- tkat- tke- gre�eet- wex }d- aet- eeettr taitkia- tke- 6ity- witkettE- tax- abateateat; -aad {} } }-- a- etatemeat- iadieatiag -tke- amber - a €- aew- gerataaeat -�ebe whiek- wi}} -be- ereated -by- the- pre,jeet- Sec. 2 -77. Referral of Petition; Adoption of Declaratory Resolution. (a) Upon the filing of a petition pursuant to Section 2 -76, the same shall be referred to the Redevelopment Commission for pur- poses of investigation and preparation of a report determining whether the area qualifies as an urban development area under Indiana Code 6 -1.1- 12.1 -1, and the preparation of such other information as con- tained in Indiana Code 18- 7 -7 -12. Within thirty (30) days, the Redevelopment Commission shall submit the report of its investigation and finding to the Human Resources and Economic Development Committee of the Common Council for review and recommendation to the Common Council. (b) The Human Resources and Economic Development Committee of the Council, after examination and review of said report, shall submit its recommendation to the Common Council as to whether the area qualifies as an urban development area under Indiana Code 6 -1.1- 12.1-1. The Council upon accepting the report and recommendation of the Committee recommending designation of the area as an urban development area may adopt a declaratory resolution including the general boundaries of the area to be designated an urban development area. Upon adoption of the declaratory resolution by the Council, said resolution, together with supporting data, shall be submitted to the Area Plan Commission. Within thirty (30) days the Area Plan Commission shall send its written order approving or disapproving the declaratory resolution to the Council. (c) Upon receipt of the report of the Area Plan Commission, the City Clerk shall cause notice of the adoption of the declaratory resolution to be published pursuant to Indiana Code 18- 7 -7 -14, said publication providing notice of the public hearing before the Coun- cil to be held not less than ten (10) days after the date of such last publication. (d) At the public hearing on the declaratory resolution, the Council will hear remonstrances and objections €rom- persor�rnterestec� ire- o�- of €eeted- by- tke- proeeec}irrgs pertaining to the proposed project and- the- 6exaei}- will - determine- the- pxklie- utility- and- beae €it- a € -tke prejeet. la- ffiakixg- sxek- deter�iaatieas;- tke- Eenaei }- tai } }- eeasider the- €e }}ewiag- eriteria- At the public hearing the Council will: (1) Determine te public ut pro perties to be considehred that are Areas; or Determine the and benefit jic utllit and benefit of those e not wit in the designate Ta - 2 - f1 }-- Whether- the- 133Fejeet -ean- take- 131aee- witheut the - added- ixeer-itive -of- tax - abatement; f 2 }-- [dhethe�- the -pre ,feet- is- te- eeenl =- open- u>3der- utilized -er- bypassed -land; (3} (a) Whether the project will provide new per- manent jobs; f4}-- Whether - there - will- be -an- expansion -e €- the -p;=e- perty- tax -base; f3}-- Whetke�- �ehabilitatiea ;- i €- eenteEaplated; -will �eplaee- e�- iEapxeve- obsolete- ex- deterie�ated struetu>: e f s} , f6} (b) Whether there is compliance with the statu- tory growth "undesirable for normal development" criterion. Whether the project wil net increase in jobs wi Whether there will be a assessed valuation of r ansion of erty• I (e) Any project on which the Common Council has adopted a declaratory resolution designating it as a tax abatement area which does not receive a building permit within one (1) year of the adoption of said resolution shall be null and void. (f) All other procedures for filing for tax abatement shall be consistent with Indiana Code 6 -1.1- 12.1 -1 through 6.1.1- 12.1 -6 as it may be amended from time to time. SECTION II. This ordinance shall be in full force and effect from and after its passage by the Common Council of the City of South Bend, Indiana, approval by the Mayor, and legal publication. ®I signed 0n1Y '.*o provide opportunity f'cr n_. L, -- d sc:::;:;ion or.. ti;° i�su °• and Council action FILED IN CLEEITS OFFICE Ivb',R 2 : 19 81 Irene Gammon CITY CLERK, SOUTH BEND, IND. 3 Tnt READING PUBLIC HEARING 2nd READING `{ -13 r NOT APPROVED REFERRED `4 - 13 PASSED ®I signed 0n1Y '.*o provide opportunity f'cr n_. L, -- d sc:::;:;ion or.. ti;° i�su °• and Council action FILED IN CLEEITS OFFICE Ivb',R 2 : 19 81 Irene Gammon CITY CLERK, SOUTH BEND, IND. Patrick M. McMahon Executive Director Ann Koeta Dep. Dir. Hadley. Kevin Horton Dap. Dir. Ec. Day. CITY of SOUTH BEND ROGER O. PARENT, Mayor DEPARTMENT OF ECONOMIC DEVELOPMENT AND REDEVELOPMENT 1200 COUNTY -C ITV BUILDING SOUTH BEND, INDIANA 46601 (219) 264 -9371 March 17, 1981 Members of the Common Council 441 County /City Building South Bend, IN 46601 Attention of Mr. John Voorde, Chairman, Economic Development and Human Resources Committee RE: Tax Abatement Ordinance Dear Councilmen: Redevelopment Commission F. Jay Nimtz President Lloyd E. Robinson, Sr. Vice President A. Peter Donaldson Secretary Robert J. Cira Assistant Secretary Paula N. Auburn Member Attached you will find the revised ordinance which, if adopted, will re- establish the tax abatement mechanism for the City of South Bend. I believe that this ordinance accurately reflects all of those items discussed between the Redevelopment Office and Councilman Voorde's Committee. In addition to this ordinance, a resolution will be filed which will outline the tax abatement impact areas referenced in this document. Should you have any further questions with regard to this ordinance, please contact me at your convenience. Ver truly yours, r44- atrick M. Mc lahon PMMcM:amc Attachment cc: Mayor Roger 0. Parent TommUtrr Irpmt tXo tke fdouuann (80uuril of t4c TUB of fnutk $cud: Your Committee of the Whole to whom was referred A BILL AMENDING CHAPTER 2, ARTICLE 6 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, 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. John Voorde Chairman *ee� .ncn �. .veuen�ea co.