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Home My WebLink AboutDesignating Tax Abatement - South Bend Redevelopment Commission/Board of Public Works/American Home Dreams Inc. Various Addresses (5 Year Residential Property)Attest RESOLUTION NO. 2633 -98 Passed by the Common Council of the City of South Bend, Indiana, June 22, 98 19 ^TTe ST: Presented by me to the Mayor of the City of South Bend,lndi June 23, l9 98 Approved and signed by me June 24, Clerk > en of Common Council. W Clerk Mayor RESOLUTION NO. 2%33-99 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 600 BLOCK OF PENNSYLVANIA AVENUE, 1200 BLOCK OF MARIETTA STREET, 600 BLOCK OF WENGER STREET AND 1200 BLOCK OF RUSH STREET (LOTS #108 THROUGH 117 AND 122 THROUGH 131 OF WENGER'S FIFTH ADDITION TO THE CITY OF SOUTH BEND) AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT COMMISSION, CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AND AMERICAN HOME DREAMS, INC. 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 600 block of Pennsylvania Avenue, 1200 block of Marietta Street, 600 block of Wenger Street and 1200 block of Rush Street (Lots #108 through 117 and 122 through 131 of Wenger's Fifth Addition to the City of South Bend), South Bend, Indiana, and which is more particularly described as follows: Legal Description Key Number • part of Lot 108 and 109 Wenger's Fifth Addition 18- 7023 -0886 • part of Lot 108 and 109 Wenger's Fifth Addition 18- 7023 - 088601 • part of Lot 109 Wenger's Fifth Addition 18- 7023 -0885 Lot 110 Wenger's Fifth Addition 18- 7023 -0884 Lot 111 Wenger's Fifth Addition 18- 7023 -0878 Lot 112 Wenger's Fifth Addition 18- 7023 -0882 Lot 113 Wenger's Fifth Addition 18- 7023 -0881 Lot 114 Wenger's Fifth Addition 18- 7023 -0880 • part of Lot 115 Wenger's Fifth Addition 18- 7023 -0879 • part of Lot 115 Wenger's Fifth Addition 18- 7023 -0878 • part of Lot 116 Wenger's Fifth Addition 18- 7023 -0900 • part of Lot 116 and 123 Wenger's Fifth Addition 18- 7023 -0898 • part of Lot 116 Wenger's Fifth Addition 18- 7023 -0897 • part of Lot 117 Wenger's Fifth Addition 18- 7023 -0903 • part of Lot 117 Wenger's Fifth Addition 18- 7023 -0902 • part of Lot 122 Wenger's Fifth Addition 18- 7023 -0906 • part of Lot 122 Wenger's Fifth Addition 18- 7023 -0905 • part of Lot 122 Wenger's Fifth Addition 18- 7023 - 090401 • part of Lot 123 Wenger's Fifth Addition 18- 7023 -0901 • part of Lot 123 Wenger's Fifth Addition 18- 7023 -0899 Lot 124 Wenger's Fifth Addition 18- 7023 -0911 Lot 125 Wenger's Fifth Addition 18- 7023 -0912 Lot 126 Wenger's Fifth Addition 18- 7023 -0913 Lot 127 Wenger's Fifth Addition 18- 7023 -0914 • part of Lot 128 Wenger's Fifth Addition 18- 7023 -0915 • part of Lot 129 Wenger's Fifth Addition 18- 7023 -0917 • part of Lot 129 and 130 Wenger's Fifth Addition 18- 7023 -0918 A part of Lot 130 Wenger's Fifth Addition 18- 7023 -0919 A part of Lot 131 Wenger's Fifth Addition 18- 7023 -0920 A part of Lot 131 Wenger's Fifth Addition 18- 7023 -0921 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 sec., 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. 2 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. PRESENTED U/ -Z -W NOT APPROVED p ADOPTED Member of the-Common Council 3 Filed in Clerk's Office MAY 15 1998 LORETTAJ. DUDA CITY CLERK. 80. BEND. IN.