HomeMy WebLinkAboutDesignating Tax Abatement - South Bend Heritage Foundation Various Addresses on Colfax Ave. & Spruce St. (5 Year Residential Property)Attest
RESOLUTION
NO. 2720 -99
Passed by the Common Council of the City of South Bend, Indiana,
April 12, 1999 .
Attest
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
13
14,
••
Clerk
of Common Council.
City Clerk
19 99.
Mayor
RESOLUTION NO. 2� 2-0 -91
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
1216 WEST COLFAX AVENUE AND
1199 1239 1249 1279 128, 1319 AND 132 SPRUCE 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 area commonly known as 1216 West
Colfax Avenue and 119, 123, 124, 127, 128, 131, and 132 Spruce Street, South Bend,
Indiana, and which is more particularly described as follows:
Street Address
Legal Description
Key Number
1216 West Colfax Avenue
Lot 8 of Spruce & Colfax
18 -1040 -1744
Minor Subdivision
119 Spruce Street
Lot 4 of Spruce & Colfax
18 -1044- 1896.01
Minor Subdivision
123 Spruce Street
Lot 3 of Spruce & Colfax
18 -1044 -1896
Minor Subdivision
124 Spruce Street
Lot 7 of Spruce & Colfax
18 -1044 -1902
Minor Subdivision
127 Spruce Street
Lot 2 of Spruce & Colfax
18 -1044 -1895
Minor Subdivision
128 Spruce Street
Lot 6 of Spruce & Colfax
18 -1044 -1901
Minor Subdivision
131 Spruce Street
Lot 1 of Spruce & Colfax
18 -1044 -1894
Minor Subdivision
132 Spruce Street
Lot 5 of Spruce & Colfax
18 -1044 -1900
Minor Subdivision
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 sue., 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.
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.
3
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.
PRESENTED q,129A
NOT APPROVED
ADOPTED 1 — \2--99
Member of the Common Council
Ell
Filed in Clerk's Offic0
[M7AR3 1999
LCner,Ad. DUDA
CITY CLERK, SO. BEND, U