Loading...
HomeMy WebLinkAboutConfirming Tax Abatement - South Bend Heritage Foundation 1216 W. Colfax Ave & 119, 123, 124, 127, 128, 131 & 132 Spruce St. (5 Year Residential Property)Attest RESOLUTION NO. 2727 -99 Passed by the Common Council of the City of South Bend, Indiana, April 28, 19 99 Clerk Attest: Caz-,„v,14� President of Common Council. Presented by me to the Mayor of the City of South Bend, April 29, -19--2-9. City Clerk Approved and signed by me April 29 _ 1999 _ Mayor RESOLUTION NO. A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 1216 WEST COLFAX AVENUE AND 1199 1239 124, 1279 1289 131, AND 132 SPRUCE STREET RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND HERITAGE FOUNDATION 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 area commonly known as 1216 West Colfax Avenue and 119, 123, 124, 127, 128, 131, and 132 Spruce Street, South Bend, Indiana, and which are 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 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 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 M. 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 confirms its Declaratory Resolution designating the area described herein as a Residentially Distressed Area 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 sea. 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 L{_ZS_Cj ` NOT APPROVED ?,DOPTE[2 026& -,'V Member of the Common Council OffetCb MAR 3 � 1999 11 LO'."9E:7'3'd'. J. CUDA CITY CLERK, 9D. WEND, 1N.