HomeMy WebLinkAboutDesignating Tax Abatement - Dave & Lois Coker 157, 158, 161, 162, 165, 166, 170, 173 & 177 Clearview and 189 Mayflower (5 Year Residential Property)RESOLUTION
NO. 2739 -99
Passed by the Common Council of the City of South Bend, Indiana
May 24, 19 99
Attest
Presented by me to the Mayor of the City of South Bend, Indiana
May 25,
NIASTOW
Clerk
of Common Council.
City Clerk
Approved and signed by me May 25, - 19 99_.
Mayor
RESOLUTION NO. 2-131-11
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
1579 1589 1619 162, 165, 166, 170, 173, and 177 CLEARVIEW
and 189 MAYFLOWER
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
DAVE & LOIS COKER
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 157, 158, 161,
162, 165, 166, 170, 173, and 177 Clearview and 189 Mayflower, South Bend, Indiana, and
which is more particularly described as follows:
Street Address
Legal Description
Key Number
157 Clearview
Lot 182 Mayflower 10th
18- 4129 - 5043.98
158 Clearview
Lot 181 Mayflower 10th
18- 4129 - 5043.97
161 Clearview
Lot 183 Mayflower 10th
18- 4129 - 5043.99
162 Clearview
Lot 180 Mayflower 10th
18- 4129 - 5043.96
165 Clearview
Lot 184 Mayflower 10th
18- 4129 - 5044.02
166 Clearview
Lot 179 Mayflower 10th
18- 4129 - 5043.95
170 Clearview
Lot 178 Mayflower 10th
18- 4129 - 5043.94
173 Clearview
Lot 186 Mayflower 10th
18- 4129 - 5044.03
177 Clearview
Lot 185 Mayflower 10th
18- 4129 - 5044.03
189 Mayflower
Lot 191 Mayflower 9th
184129 - 5043.93
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 se-c ., 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
2
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 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 S --L A -9 9
NOT APPROVED
ADOPTED S_Z.\_g9
Filed in Clerk's Office
MAY 1 4 1999
LORETTAJ. DUDA
CRY CLERK, 90. BEND, IN,