HomeMy WebLinkAboutDesignating Tax Abatement - South Bend Heritage Foundation 1138 Hill St., 711 St. Peter St. and 713 St. Peter St. (5 Year Residential Property)Attest:
RESOLUTION
3175 -03
Passed by the Common Council of the City of South Bend, Indiana
March 24,
20 03
Presented by me to the Mayor of the City of South Bend, Indiana
March 25,
Approved and signed by me
March 25,
20 03
e`er
City Clerk
President of Common Council
20 03 .
City Clerk
0
RESOLUTION NO. S � 1 5 - o-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
1138 HILL STREET, 711 ST. PETER STREET AND
713 ST. PETER STREET
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY
TAX ABATEMENT FOR
SOUTH BEND HERITAGE FOUNDATION
WHEREAS, a Statement of Benefits and a petition for residential real property tax
abatement has been submitted to and filed with the City Clerk for consideration by the
Common Council of the City of South Bend, Indiana requesting that the areas commonly
known as 1138 Hill Street, 711 St. Peter Street and 713 St. Peter Street, South Bend,
Indiana, and which are more particularly described as follows:
Street Address: Legal Description: Key Number:
1138 Hill Street Lot 19, ex 20 It S side Lot 20, 18 -5109 -3848
Shenefields Sub of Lot 143,
Sorins 2nd Add
711 St. Peter Street Lot 17, ex str Hodsons Sub Lots 24 18 -5032 -1141
& 25, Sorins 151 Add
713 St. Peter Street Lot 16, ex W end for str Hodsons 18 -5032 -1140
of Lots 24 -25, Sorins Ise Add
be designated as a Residentially Distressed Area under the provisions of Indiana Code 6-
1.1 -12.1 et sea., and South Bend Municipal Code Sections 2 -76 et se g., 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 a Residentially Distressed Area under Indiana Code 6-
1.1 -12.1, et SeMc ., and South Bend Municipal Code Sections 2 -76, et sea., 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 a Residentially Distressed 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 meet the requirements of Indiana
Code 6 -1.1 -12.1 et sea., 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 contain 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 Council's 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.
2
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 determines and finds that the proposed
described redevelopment can be reasonably expected to yield benefits identified in the
Statement of Benefits and the petition for real property tax abatement consideration and that
the Statement of Benefits form prescribed by the State Board of Accounts are sufficient to
justify the deduction granted under Indiana Code 6 -1.1- 12.1 -3.
SECTION V. The Common Council hereby accepts the report and recommendation of the
Community and Economic Development Committee that the area herein described be
designated as a Residentially Distressed Area and hereby adopts a Resolution designating
this area as a Residentially Distressed Area for purposes of real property tax abatement.
SECTION VI. The designation as a Residentially Distressed Area shall be limited to five
(5) calendar years from the date of the adoption of this Resolution by the Common Council.
SECTION VII. 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.
SECTION VIII. 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 IX. Pursuant to Indiana Code 6 -1.1- 12.1 -2, the rehabilitation must meet all local
code standards for habitability as a specific condition of having such property be designated
as a residentially distressed area.
SECTION X. This Resolution shall be in full force and effect from and after its adoption by
the Common Council and approval by the Mayor.
Mem er of the Common Coun 1
PRESENTED 3 0-3
NOT APPROVED
ADOPTED 3- LA-03
Filed in Clerk's Office
MAR 18 2003
LORETTAJ. DUDA
MYCLERK, SO. BEND, K
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
03 -32 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 1138 HILL
STREET, 711 ST. PETER STREET AND 713 ST. PETER STREET
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT
FOR SOUTH BEND HERITAGE FOUNDATION
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.
Karl King
Chairman