HomeMy WebLinkAboutConfirming Tax Abatement - D & H Home Builders Lots 1a, 4, 8, 11, 12, 16, 18, 29, 34, 41, 42, 44 & 45 Royal Oak Estates Sub. Section 1 (5 Year Residential Property)Attest:
RESOLUTION
3495 -05
Passed by the Common Council of the City of South Bend, Indiana
July 25,
05
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
July 26,
05
20
City Clerk
President of Common Council
Approved and signed by me July 26 2095_.
City Clerk
�W
RESOLUTION NO. 3 � � S- 6-�—
A RESOLUTION CONFIRMING THE ADOPTION OF A
DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY
KNOWN AS
LOT NUMBERS la, 4, 8,11,12,16,18, 29, 34, 41, 42, 44 and 45
ROYAL OAK ESTATES SUBDIVISION, SECTION 1
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
D & H HOME BUILDERS, INC.
WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a
Declaratory Resolution designating certain areas within the City as Residentially
Distressed Areas for the purpose of tax abatement consideration; and
WHEREAS, a Declaratory Resolution designated the areas commonly known Lots Ia, 4,
8, 11, 12, 16, 18, 29, 34, 41, 42, 44 and 45 Royal Oak Estates Subdivision, Section 1,
South Bend, Indiana, and which are more particularly described as follows:
Street Address
Legal Description
Key
Number
5569 Buckhorn Dr.
Lot la Royal Oak Estates, Section 1
23- 1238- 038111
5655 Buckhorn Dr.
Lot 4 Royal Oak Estates, Section 1
23- 1238 - 038114
533 Hildebrand St.
Lot 8 Royal Oak Estates, Section 1
23- 1238 - 038118
612 Hildebrand St.
Lot 11 Royal Oak Estates, Section 1
23- 1238 - 038121
656 Hildebrand St.
Lot 12 Royal Oak Estates, Section 1
23- 1238- 038122
or 5695 Buckhorn Dr. (corner lot)
5619 Yellow Wood Dr.
Lot 16 Royal Oak Estates, Section 1
23- 1238 - 038126
or 762 Boxwood Dr. North
(corner lot)
5677 Yellow Wood Dr.
Lot 18 Royal Oak Estates, Section 1
23 -1238- 038128
839 Nutmeg Court
Lot 29 Royal Oak Estates, Section 1
23 -1238- 038129
5740 Boxwood Dr.
Lot 34 Royal Oak Estates, Section 1
23 -1238- 038144
815 Boxwood Dr. North
Lot 41 Royal Oak Estates, Section 1
23 -1238- 038151
805 Boxwood Dr. North
Lot 42 Royal Oak Estates, Section 1
23 -1238- 038152
735 Boxwood Dr. North
Lot 44 Royal Oak Estates, Section 1
23- 1238 - 038154
719 Boxwood Dr. North
Lot 45 Royal Oak Estates, Section 1
23- 1238 - 038155
or 5590 Buckhorn Drive (corner lot)
as a Residentially Distressed Area; and
WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing
before the Council has been published pursuant to Indiana Code 6- 1.1- 12.1 -2.5; and
WHEREAS, the Council held a public hearing for the purposes of hearing all
remonstrances and objections from interested persons; and
WHEREAS, the Council has determined that the qualifications for a residentially
distressed area have been met.
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 meet the requirements of
Indiana Code 6 -1.1 -12.1 et seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds that the area meets one
of the following conditions as formally established in Ordinance no. 8845 -97, which was
passed on December 8, 1997:
A. The area is comprised of parcels that are either unimproved or co main only one
(1) or two (2) family dwellings designed for up to four (4) families, including accessory
buildings for those dwellings; or
B. Any dwellings in the area are not permanently occupied and are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
C. Parcels of property in the area:
i. have been sold and not redeemed under IC 6- 1.1 -24 and IC 6- 1.1 -25; or
ii. are owned by a unit of local government; or
D. A significant number of dwelling units within the area are not permanently
occupied or a significant number of parcels in the area are vacant land; or
E. A significant number of dwelling units within the area are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies; or
F. The area has experienced a net loss in the number of dwelling units, as
documented by census information, local building and demolition permits, or certificates
of occupancy, or the areas are owned by Indiana or the United States; or
G. The area (plus any areas previously designated under this subsection) will not
exceed ten percent (10 %) of the total area within the Councils jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. That the description of the proposed redevelopment meets the applicable
standards for such development.
B. That the estimate of the value of the redevelopment is reasonable for projects of
this nature;
C. That the other benefits about which information was requested are benefits that
can be reasonably expected to result from the proposed described redevelopment; and
D. 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.
E. The deduction will not be allowed unless the dwelling is rehabilitated to meet
local code standards for habitability.
F. The deduction will not be allowed unless the dwelling rehabilitation is completed
within five (5) calendar years from the date of the adoption of this Resolution by the
Common Council.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution
designating the areas described herein as Residentially Distressed Areas for the purposes
of tax abatement. Such designation is for Real property tax abatement only and is limited
to five (5) calendar years from the date of adoption of the Declaratory Resolution by the
Common Council.
SECTION V. The Common Council hereby determines that the property owner is
qualified for and is granted Real property tax deduction for a period of five (5) years, and
further determines that the petition complies with Chapter 2, Article 6, of the Municipal
Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et se g.
SECTION VI. This Resolution shall be in full force and effect from and after its
adoption by the Common Council and approval by the Mayor.
PRESENTED 7 - 24�S-
N0T APPROVED
WDOPTED ? -Z,<' OS-
Member of the Co on Council
Filed- In Clerk's Office
6 2005
JOHN VOORDE
CITY CLERK, $0. BEND,