HomeMy WebLinkAboutDesignating Tax Abatement - B L Builders, Inc. - Lots 4-11, 23-25, 28-38, 41-54 Sandpiper Cove Subdivision (5 Year Residential Property)Attest
RESOLUTION
NO. 2547 -98
Passed by the Common Council of the City of South Bend, Indiana
January 26, 1998
Clerk
Attest: GQ� �_ \ President of Common Council.
Presented by me to the Mayor of the City of South Bend, India
January 27,
Approved and signed by me JanuarV 98 19 —.9R
City Clerk
Mayor
RESOLUTION NO. 4D y 9 -V
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
LOTS #49 59 6, 79 89 9, 10, 119 239 24, 259 27, 289 299 309 319 329
339 349 35, 369 379 38, 419 42, 43, 44, 459 469 47, 489 499 50,
519 52, 53 AND 54 SANDPIPER COVE SUBDIVISION
AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A
FIVE (5) YEAR RESIDENTIAL REAL
PROPERTY TAX ABATEMENT FOR
B L BUILDERS, 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 Lots #4, 5, 6, 7, 8, 9,
10, 11, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47,
48, 49, 50, 51, 52, 53 and 54 Sandpiper Cove Subdivision, South Bend, Indiana, and which is
more particularly described as follows:
9.213 AC TR LYG W 1/2 SW 1/4 SEC 23- 38 -38 -2E
and which has tax Key Number 25- 1004 - 025497, 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.
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
Us 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 /, 26 -ff
2
NOT APPROVED D
s JAN 2 1 1998
ADOPTED ! g C Va ' ^-O . Mi
o, M.