HomeMy WebLinkAboutDesignating Tax Abatement - Madco Residential, LP 2 Various Addresses in South Bend (5 Year Residential Property)Attest:
RESOLUTION
2967 -01
Passed by the Common Council of the City of South Bend, Indiana
February 12,
01
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
February 13, 01
20
City Clerk
President of Common Council
Approved and signed by me February 14, 20-21—
City Clerk
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RESOLUTION NO. Z 1 0-0\
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
5017 AND 5033 OAR PLACE; 303, 317, 322, 345,359, 402, 407, 423,
457, 475, 503, AND 515 EVERGREEN PLACE; 4901, 4911, 4952, 4955,
5011, 5012, 5023, AND 5030 MAPLE LANE; 4953, 5015, 5033, AND 5036
PINE PLACE; 449, 454, 463, 466, 478, 482, 502, AND 505 BIRCH BEND
DRIVE; 4903 AND 4915 PALM PLACE; 370, 404, 456, 468, AND 480
ANJYLLA; 4948, 4959, 5009, 5019, 5020, AND 5037 ANJYLLA EAST;
4948, 4959, 5009, 5019, 5020, AND 5037 ANJYLLA WEST; 4868, 4931,
4940, 5007, 5018, 5019, 5022, 5027, AND 5042 ELM STREET; 4926,
4936, 5005, 5010, 5021, 5022, 5038, AND 5041 WALNUT RUN
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
MADCO RESIDENTIAL, LP 2
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 area commonly
known as 5017 and 5033 Oak Place; 303, 317, 322, 345,359, 402,
407, 423, 457, 475, 503, and 515 Evergreen Place; 4901, 4911,
4952, 4955, 5011, 5012, 5023, and 5030 Maple Lane; 4953, 5015,
5033, and 5036 Pine Place; 449, 454, 463, 466, 478, 482, 502, and
505 Birch Bend Drive; 4903 and 4915 Palm Place; 370, 404, 456,
468, and 480 Anjylla; 4948, 4959, 5009, 5019, 5020, and 5037
Anjylla East; 4948, 4959, 5009, 5019, 5020, and 5037 Anjylla
West; 4868, 4931, 4940, 5007, 5018, 5019, 5022, 5027, and 5042
Elm Street; 4926, 4936, 5005, 5010, 5021, 5022, 5038, and 5041
Walnut Run, South Bend, Indiana, and which is more particularly
described as follows:
A part of the Southeast 1/4 of the Southeast 1/4 of Section 5,
Township 37 North, Range 2 East located in the city of South
Bend, St. Joseph County, Indiana.
and which has tax Key Number 18- 2222 -8279 and 18- 222 -8280, 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 sea., 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 sea., 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
P
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;
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.
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.
3
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.
Member of the Common Council
PRESENTED JAN e n
9 20-0-1
NOT APPROVED
ADOPTED Z'� ?'' =i. " +.A. 0ilu9