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Home My WebLink AboutDesignating Tax Abatement - University of Notre Dame DU LAC, and Innovation Park at Notre Dame, Inc (3)RESOLUTION 3901-08 Passed by the Common Council of the City of South Bend, Indiana August 25, Attest: August 27, 08 20 Presented by me to the Mayor of the City of South Bend, Indiana August 26, 2008 Approved and signed by me City Clerk President of Common Council '.~-t~ 20 0 8 . City Clerk ~' RESOLUTION NO. 3 `~ ~ ~-~~ A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU LAC, AND INNOVATION PARK AT NOTRE DAME, INC. (THE "PETITIONER") 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 within the City of South Bend, Indiana, and which is more particularly described as follows: "Parcel 1 A Parcel of land in the Northwest Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 6; thence South 00°43'29" East (this and all subsequent bearings based on the Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East line of said Northwest Quarter to the northwesterly line of a parcel of land conveyed to the State of Indiana for right-of--way purposes along State Road 23 (South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24" West, 123.83 feet along said northwesterly line to the POINT OF BEGINNING of this description; thence continuing along said line South 53°08'24" West 58.42 feet; thence South 50°14'48" West, 250.32 feet along said line to the northwesterly boundary of S.R. 23; thence South 52°50'49" West, 338.01 feet along said boundary; thence North 36°50'07" West, 588.23 feet to the south line of a parcel of land designated as parcel number 3 for relocated Edison Road and Twyckenham Drive extension on aRight-of--Way plat recorded August 16, 2005 as Document Number 0537239 in said Recorder's Office; thence along the southerly and westerly lines of said parcel number 3 the following 6 courses and distances: 1) northeasterly 241.94 feet along a curve to the left having a radius of 1190.00 feet and subtended by a long chord bearing North 56°00'19" East, a distance of 241.52 feet; 2) northeasterly 591.36 feet along a curve to the right having a radius of 1070.00 feet and subtended by a long chord bearing North 66°00'50" East, a distance of 583.86 feet; 3) South 58°26'38" East, 68.74 feet; 4) South 00°47'43" West, 10.96 feet; 5) southerly 265.73 feet along a curve to the left having a radius of 960.00 feet and subtended by a long chord bearing South 07°08'04" East, a distance of 264.89 feet; 6) South 15°03'52" East, 139.03 feet to the point of beginning, and containing 9.446 acres more or less. and Parcel 2: A Parcel of land partly in the Northwest Quarter and partly in the Northeast Quarter of Section 6, Township 37 North, Range 3 East of the Second Principal Meridian, St. Joseph County, Indiana, more particularly described as follows: Commencing at the Northeast Corner of the Northwest Quarter of said Section 6; thence South 00°43'29" East (this and all subsequent bearings based on the Indiana State Plane Coordinate System, East Zone), 460.85 feet along the East line of said Northwest Quarter to the northwesterly line of a parcel of land conveyed to the State of Indiana for right-of--way purposes along State Road 23 (South Bend Avenue) recorded October 5, 1991 as Document Number 9129497 in the Office of the Recorder of St. Joseph County, Indiana; thence South 53°08'24" West, 5.36 feet along said northwesterly line to the easterly line of a parcel of land designated as parcel number 3 for Twyckenham Drive extension and relocated Edison Road on aRight-of--Way plat recorded August 16, 2005 as Document Number 0537239 in said Recorder's Office and to the POINT OF BEGINNING of this description; thence along the easterly and northerly lines of said parcel number 3 the following 5 courses and distances: 1) North 15°03'52" West, 80.12 feet; 2) North 09°12'15" West, 142.01 feet; 3) North 00°09'24" West, 106.80 feet; 4) North 21 ° 13' 12" East, 64.63 feet; 5) North 89°10'21" East, 182.11 feet to the west boundary of vacated Ivy Road; thence South 00°46'11" East, 250.94 feet along said vacated Ivy Road to the northerly corner of the aforementioned parcel conveyed to the State of Indiana for right-of--way purposes; thence South 31°35'38" West, 27.44 feet along the northwesterly line of said parcel; thence South 53°08'24" West, 188.28 feet along the northwesterly line of said parcel to the point of beginning, and containing 1.490 acres more or less, and which has Key Numbers 17-1017-0406 and 18-5102-3579, 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 sew., 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 sec ., 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 research and development ("R&D") equipment and new information technology ("IT") 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 and future tenants related to the project can reasonably be expected to result from the proposed installation of the new R&D equipment and new IT 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 and future tenants related to the project can be reasonably expected to result from the proposed installation of the new R&D equipment and new IT equipment; d. any other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed new R&D equipment and new IT equipment; and e. the totality of benefits is sufficient to justify the deductions requested. SECTION II. The Common Council hereby determines and finds that the proposed new R&D equipment and IT 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, and the Statement of Benefits is hereby approved. 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 shall be limited to ten (10) calendar years from the date of the adoption of this Resolution by the Common Council. SECTION V. The Common Council hereby determines that the Petitioner and future tenants located within the economic revitalization area described in this Resolution are qualified for and granted property tax deductions for a period of five (5) years; provided however, neither the Petitioner nor any tenants may 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~C on Council PRESENTED g'-LS' ° NOT APPROVpED ADOPTED O -Z.S ~~ Filed In CIerE~'~ C~~iiee ___._~ AUG 2 U ~~G3 JOHN VOORDE CITY CLERK, S0. BEND, IN. TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 08-80 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT FOR UNIVERSITY OF NOTRE DAME DU LAC, INNOVATION PARK AT NOTRE DAME, INC., ("PETITIONER") 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 Dieter Chairperson, Committee of the Whole