HomeMy WebLinkAboutDesignating Tax Abatement - Demby Enterprises LLC. 212-220 W. Ewing (7 Yr. Real Property)Attest:
RESOLUTION
4301 -13
Passed by the Common Council of the City of South Bend, Indiana
November 25,
2013
Presented by me to the Mayor of the City of South Bend, Indiana
November 26, 20 13 .
Approved and signed by me Die f'"46 t Q
N
City Clerk
President of Common Council
20 13.
City Clerk
'lu.' -rte
RESOLUTION NO. U O H-3
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
212 -220 WEST EWING
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SEVEN (7)
YEAR REAL PROPERTY TAX ABATEMENT FOR
DEMBY ENTERPRISES, LLC
WHEREAS, a petition for real property tax abatement 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 212 -220 West Ewing, South Bend, Indiana, and which is more
particularly described as follows:
Lots numbered four (4) through forty -eight (48), both inclusive, as shown on the recorded
plat of Stover- Longley Addition to the City of South Bend as platted by Silas E. Longley
and Burton H. Stover, which plat was recorded February 24, 1915 in Plat Book No. 9 at
page 187 in the Recorder's office of St. Joseph County, Indiana. Also the vacated alley
lying South of Lots 4 to 8, inclusive, in said Stover — Longley Addition and the vacated
alley lying East of Lots 28 to 46, inclusive, in said Stover - Longley Addition. Also the
South half of the vacated alley lying North of Lot No. 9 in said Addition, also, the whole
of vacated Victoria Street as shown in said Addition; also, the whole of vacated Lafayette
Street lying between Ewing Avenue and Fairview Avenue in said Addition, excepting the
West half of that part of Lafayette Street which lies East of Lot Numbered 3 and the
North half of the vacated alley lying South of said Lot No. 3; the whole property herein
considered being bounded by a line running as follows: Beginning at the North -west
comer of Section 24, Township No. 37 North, Range No. 2 East; thence running South
1009 feet, thence East 384.7 feet to the West line of the right of way of the Vandalia
Railway; thence North with the said right of way 1009 feet to the North line of said
Section No. 24; thence West 383 feet to the place of beginning, excepting therefrom such
part of said real estate as is now occupied by Ewing Avenue and Fairview Avenue in said
city, excepting also a strip of land 7 feet in width, East and West, taken off from the
entire length of the West side thereof, heretofore conveyed as the East half of a public
alley and excepting also the following: Beginning at a point on the present South line of
Ewing Avenue 7 feet East of the West line of said Section No. 24; thence running East
149 % feet to the center of vacated Lafayette Street; thence South 107 feet to a point in
line with the centerline of the alley lying between Lots 1,2,3 and 9 in said Stover - Longley
Addition; thence West 149 '/4 feet to the East line of said Stover - Longley Addition;
thence North 107 feet to the place of beginning.
and which has Key Number 71- 08 -24- 101 - 003.000 -026, be designated as an Economic
Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seg., and South Bend
Municipal Code Sections 2 -76 et seg., 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 semc ., 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 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 se_{c ., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. That the description of the proposed redevelopment or rehabilitation meets the
applicable standards for such development;
B. That the estimate of the value of the redevelopment or rehabilitation is reasonable
for projects of this nature;
C. That 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 described redevelopment or rehabilitation;
D. That 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 redevelopment or rehabilitation;
E. That the other benefits about which info_mation was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment or
rehabilitation; and
F. That the totality of ben: rTts is sufficient to justify the requested deduction, all of
which satisfy the requirements of Indiana Code § 6 -1.1- 12.1 -3.
SECTION III. The Common Council hereby determines and finds that the proposed described
redevelopment or rehabilitation can be reasonably expected to yield benefits identified in the
Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement
Consideration and the Memorandum of Agreement between the Petitioner and the City of South
Bend, and that the 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 -3.
SECTION IV. The Common Council hereby acceptE the report and recommendation of the
Community and Economic Development Committee that the area herein described be designated
as an Economic Revitalization Are•;: and hereby adopts a' esolution designating this area as an
Economic Revitalization Area for purposes of real property t€ x abatement.
SECTION V. The designation as an Economic Reviializatio °T Area shall be limited to two (2)
calendar years from the date of the a a )otion of this Resolution by the Common Council.
SECTION VI. The Common Council hereby determines that the property owner is qualified for
and is granted property tax deduction for a period of seven (7) years as shown by the attachment
pursuant to Indiana Code 6 -1.1- 12.1 -17.
SECTION VII. 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 oT: the proposed confirming of said declaration.
SECTION VIII. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by,! 1-0 Mayor.
Member of the Common Council
PRESENTED
NOT APPROVED
'ADOPTED I \ -2-s--4 2
Pd0`d i 2013
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
13 -80 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 212 -220 WEST EWING AN
ECONOMIC REVITALIZATION AREA FOR PURPOSES OF
A (7) SEVEN -YEAR REAL PROPERTY TAX ABATEMENT
FOR DEMBY ENTERPRISES, LLC
Respectfully report that they have examined the matter and that in their opinion,
this bill is being recommended to the full Council with a favorable
recommendation.
This bill was heard by the Community Investment Committee
Karen L. White
Chairperson, Committee of the Whole