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Home My WebLink AboutDesignating Tax Abatement - 1840 N. Commerce Drive - Stanz Foodservice, IncRESOLUTION 3886-08 Passed by the Common Council of the City of South Bend, Indiana July 14, 2008 Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana July 29, 20 08 July 30, Approved and signed by me ~~~~ 20 08 City Clerk RESOLUTION NO. 3 gg~-~8' 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 1840 N. COMMERCE DRIVE AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STANZ FOODSERVICE, INC. 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 1840 N. Commerce Drive, South Bend, Indiana, and which is more particularly described as: PARCEL I: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'000° West on and along the North line of the Southwest Quarter of said Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 399.39 feet to the true place of beginning; thence South 00°42'05" West on and along the West line of Maplewood Avenue a distance of 409.85 feet; thence South 89°30'39" West a distance of 434.08 feet to the East line of Commerce Drive; thence North 00°29'21" West on and along the East line of Commerce Drive a distance of 409.85 feet: thence North 89°30'39" East a distance of 442.55 feet to the true place of beginning. Said tract being Lot Number 21 of the Airport Industrial Park, Phase II. PARCEL II: Lots Numbered Twenty-eight (28), Twenty-nine (29), Thirty (30) and Thirty-one (31) as shown on the recorded Plat on the recorded Plat of Post Place, recorded August 21, 1912 in Plat Book 9, page 142 in the Office of the Recorder of St. Joseph County, Indiana. PARCEL III: A tract of land in the Southwest Quarter of Section 33, Township 38 North, Range 2 East, City of South Bend, St. Joseph County, Indiana, more particularly described as follows: Commencing at a brass plug at the center of said Section 33; thence South 90°00'00" West on and along the North line of said Southwest Quarter of Section 33 a distance of 679.78 feet; thence South 00°42'05" West a distance of 9.01 feet to an iron at the Southwest corner of Progress Drive and Maplewood Avenue, said point being the true place of beginning; thence South 90°00'00" West on and along the South line of said Progress Drive, a distance of 450.98 feet to an iron on the East line of Commerce Drive; thence South 00°29'21" East on and along the East line of Commerce Drive, a distance of 403.15 feet to an iron; thence North 89°30'39" East a distance of 442.55 feet to an iron on the West line of Maplewood Avenue; thence North 00°42'05" East on and along the West line of Maplewood Avenue a distance of 399.39 feet to the place of beginning. Said tract being Lot Numbered 22 of the Airport Industrial Park Phase 2. ALSO, a portion of Maplewood Avenue vacated by the City of South Bend, Indiana, pursuant to Vacation Resolution No. 3466 (1977), which portion is more particularly described as follows: A portion of Maplewood Avenue, beginning at the South right-of--way line of Progress Drive and the East right-of--way line of Maplewood Avenue, South 345 feet to the Southwest corner of Lot 27 in Post Place Addition; thence West 50 feet; thence North 345 feet; thence East 50 feet to the place of beginning; and which has Key Numbers 18-2183-688604, 18-2183-6832, 18-2183-6834, 18-2183- 6838, 18-2183-6840, 18-2183-6842, 18-2183-6844 and 18-2183-688607, 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 seg., 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 by law; 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 pursuant to Indiana Code 6-1.1-12.1-4.5 et sec ., that: a. the estimate of the cost of the new manufacturing equipment is reasonable for equipment of that type; b. That the estimate of the number of individuals that will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed installation of new manufacturing equipment; c. That the estimate of the annual salaries of those individuals that will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed installation of new manufacturing equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new manufacturing equipment; and e. the totality of benefits is sufficient to justify the deduction requested. SECTION II. The Common Council hereby determines and finds that the proposed new 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 III. The Common Council hereby accepts the report and recommendation of the Department of Community and Economic Development, and the Community and Economic Development 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 be limited to two (2) calendar years from the date of the adoption of this Resolution by the Common Council. 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; provided however, the Petitioner may not receive an economic revitalization area deduction if it receives an enterprise zone investment deduction under I.C. 6-1.1-45 for the same property. 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. ~~ Member of the mon Council PRESENTED ,~ 1 -~` D NOT APPRO.Vt~i ADOPTEOj ~ -~-~o File in Cl~-'~~ ~ 0-iic2 JUL 2 32008 JCN1~ VSO RBEND, iN. C~?Y CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-66 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 1840 N. COMMERCE DRIVE AN ECONOMIC REVITAL1ZATlON AREA FOR PURPOSES OF A (5) FIVE-YEAR PERSONAL PROPERTY TAX ABATEMENT FOR STANZ FOODSERVICE, INC. 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. Derek D. Dieter Chairperson, Committee of the Whole