HomeMy WebLinkAboutConfirming Tax Abatement - Alliance Assocites - Lot 1 Ferndale Sub &. Lots 2-6, 10-11, 13, 16, 19-25 Lilac Trails Sub (5 Year Real Property)Attest
RESOLUTION
NO. 2549 -98
Passed by the Common Council of the City of South Bend, Indiana,
February 9, 98
19
Clerk
Attest: UVY -VO4-'/ President of Common Council,
Presented by me to the Mayor of the City of South Bend, Indiana
February 10, ,,, 98
Approved and signed by me February 10, _ 19 —$8_
Clerk
Mayor
RESOLUTION NO. Z LI9 - I e
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
LOT 1 FERNDALE SUBDIVISION, AND LOTS 29 3, 4, 59 69 109 11,
13, 169 19, 209 219 22, 23, 249 25 LILAC TRAILS SUBDIVISION
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR REAL PROPERTY
RESIDENTIAL TAX ABATEMENT FOR
ALLIANCE ASSOCIATES (an Indiana partnership)
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 Lot 1 Ferndale
Subdivision, and Lots 2, 3, 4, 5, 6, 10, 11, 13, 16, 19, 20, 21, 22, 23, 24, 25 Lilac Trails
Subdivision, South Bend, Indiana, and which are more particularly described as follows:
1770 Lilac Trails Ct.
Lot 1 Ferndale
25- 1014 - 023804
1802 Lilac Trails Ct.
Lot 2 Lilac Trails
25 -1014- 023807
1810 Lilac Trails Ct.
Lot 3 Lilac Trails
25- 1014 - 023809
1818 Lilac Trails Ct.
Lot 4 Lilac Trails
25 -1014- 023810
1826 Lilac Trails Ct.
Lot 5 Lilac Trails
25 -1014- 023811
1904 Lilac Trails Ct.
Lot 6 Lilac Trails
25 -1014- 023812
1937 Lilac Trails Ct.
Lot 10 Lilac Trails
25- 1014 - 023816
1945 Lilac Trails Ct.
Lot 11 Lilac Trails
25- 1014 - 023817
1961 Lilac Trails Ct.
Lot 13 Lilac Trails
25- 1014- 023819
1942 Lilac Trails Ct.
Lot 16 Lilac Trails
25 -1014- 023822
1811 Lilac Trails Ct.
Lot 19 Lilac Trails
25- 1014 - 023825
4239 Ferndale Dr.
Lot 20 Lilac Trails
25 -1014- 023826
4303 Ferndale Dr.
Lot 21 Lilac Trails
25 -1014- 023827
4311 Ferndale Dr.
Lot 22 Lilac Trails
25- 1014 - 023828
4310 Ferndale Dr.
Lot 23 Lilac Trails
25 -1014- 023829
4302 Ferndale Dr.
Lot 24 Lilac Trails
25- 1014- 023830
4238 Ferndale Dr.
Lot 25 Lilac Trails
25- 1014- 023831
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 H. 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:
L 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 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 �9' 9 —f b
NOT APPROVED
ADOPTED � ' -/ ,
Member of the Common Council
2 L