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HomeMy WebLinkAboutDesignating Tax Abatement - 4201 Linden Avenue - Foxtrot Realty CorporationRESOLUTION 3884-08 Passed by the Common Council of the City of South Bend, Indiana July 14, Attest: c City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana zo08 July 29, zo 08 Approved and signed by me July 30, 2008 City Clerk RESOLUTION NO. ~ ~ ~ `~' ~ 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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A SEVEN (7)YEAR REAL PROPERTY TAX ABATEMENT FOR FOXTROT REALTY CORPORATION 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 4201 Linden Avenue, South Bend, Indiana, and which is more particularly described as follows: "A part of the east half of the southwest quarter of Section 4, Township 37 North, Range 2 East, South Bend, Indiana, more particularly described as follows, viz: Beginning at a point on the south line of said Southwest quarter 578.67 feet west of the southeast corner of said southwest quarter; thence continuing westerly along said south line of southwest quarter with an assumed bearing of North 89°42'30" West, 741 feet more or less to the west line of the east half of said southwest quarter, 1344 feet more or less to the southerly right-of--way line of the New York Central Railroad Company; thence South 79°18'30" East along said southerly right-of--way line 758.3 feet, more or less to a point which is North 00°08' 15" East 1207.34 feet to the place of beginning, excepting from the above described tract a strip of land 40 feet in width, north and south, taken off of and from the entire width of the south and thereof for Linden Avenue and which has Key Number 018-2193-7257, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et sec ., and; WHEREAS, the Department of Community and Economic Development 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 se,~c ., and South Bend Municipal Code Sections 2-76, et sec ., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required bylaw; and WHEREAS, the Community and Economic Development 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 sec ., 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 information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; and F. That the totality of benefits 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 accepts the report and recommendation of the Community and Economic Development Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The designation as an Economic Revitalization Area shall be limited to two (2) calendar years from the date of the adoption 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 up to seven (7) years. 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 on 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 the Mayor. ~' ~ Member f he Common Council S r(ctSLyTEp ~ -L~,dg ClS u~oS~~'`~~c ;,~i;,T APPROVED ~a~oP~ED, ~ ~ -L~-erg ~ S S ~~s-~--~,~-u~ ~~ Fi~~~ ~l? ~i~r':~'~ ®f~ice ~ ~. 4 2008 JOHt7 Y~0 BEND IN. CITK CLEnK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-64 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 4201 LINDEN AVENUE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF UP TO A (6) SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR FOXTROT REALTY CORPORATION Respectfully report that they have examined the matter and that in their opinion, this bil{ is being recommended to the full Council with a favorable recommendation as substituted by changing (6) Six year real property tax abatement to (7) Seven. Derek D. Dieter Chairperson, Committee of the Whole