HomeMy WebLinkAboutConfirming Tax Abatement - South Bend Heritage Foundation for Benefit of : Zellia & Johnny Crook and Luping & Eric McGinnes 804 & 808 W. LaSalle Ave. (5 Year Real Property)Attest
RESOLUTION
NO. 2515 -97
Passed by the Common Council of the City of South Bend, Indiana
October 13, 1997
Attest:
Presented by me to the Mayor of the City of South Bend,
October 14, 19 97
G
Clerk
of Common Council.
City Clerk
Approved and signed by me &a°`< —1 � 19.
Mayor
RESOLUTION NO. d -
A RESOLUTION CONFIRMING THE ADOPTION OF A DECLARATORY
RESOLUTION DESIGNATING CERTAIN AREAS WITHIN THE CITY OF
SOUTH BEND, INDIANA, COMMONLY KNOWN AS
804 AND 808 WEST LASALLE AVENUE
RESIDENTIALLY DISTRESSED AREAS FOR PURPOSES OF A
FIVE (5) YEAR REAL PROPERTY
RESIDENTIAL TAX ABATEMENT FOR
SOUTH BEND HERITAGE FOUNDATION FOR THE BENEFIT OF:
ZELLIA AND JOHNNY CROOK
AND
LUPING AND ERIC MCGINNES
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 areas commonly known as 804 and 808
West LaSalle Avenue, South Bend, Indiana, and which are more particularly described as
follows:
Street Address Legal Description Key Number
804 W. LaSalle Ave. 24' E Side Lot 10, 16' W Side Lot 11 18- 1026 -1124
Keefer's Sub, BOL 29 30
808 W. LaSalle Ave. 16' E side Lot 9, 24' W Side Lot 10 18- 1026 -1123
Keefer's Sub, BOL 29 30
as Residentially Distressed Areas; 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 seq., for tax abatement.
SECTION II. The Common Council hereby determines and finds the following:
A. A significant number of dwelling units within the areas are not permanently
occupied or a significant number of parcels in the areas are vacant land;
OR
B. A significant number of dwelling units in the areas are:
i. the subject of an order issued under IC 36 -7 -9; or
ii. evidencing significant building deficiencies;
OR
C. The areas have 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
D. The areas (plus any areas previously designated) do not exceed ten percent (10 %)
of the total area within the designating body's jurisdiction.
SECTION III. The Common Council also hereby determines and finds the following:
A. The deduction will not be allowed unless the dwelling is rehabilitated to meet local
code standards for habitability.
B. The deduction will not be allowed unless the dwelling rehabilitation is completed
within Five (5) calendar years from the date of the adoption of the Declaratory
Resolution by the Common Council.
C. That the description of the proposed redevelopment meets the applicable standards
for such development.
D. That the estimate of the value of the redevelopment is reasonable for projects of this
nature;
E. That the other benefits about which information was requested are benefits that can
be reasonably expected to result from the proposed described redevelopment; and
F. 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.
SECTION IV. The Common Council further exercises its authority to waive certain compliance
requirements of Indiana Code 6- 1.1- 12.1 -1 et seq., as permitted by Indiana Code 6-1.1-12.1 -
11.3(c), to the extent necessary to give effect to this Resolution, with such waiver taking place
after public hearing. Without limiting the general scope of this waiver, the Common Council
hereby approves Form SB -1 Statement of Benefits and specifically waives the Petitioner's failure
to submit said Statement of Benefits to the Common Council before initiating the redevelopment
project, in accordance with Indiana Code 6 -1.1- 12.1- 11.3(a)(2). The Common Council further
finds that each of the additional findings required pursuant to Indiana Code 6 -1.1- 12.1 -2 have
been met, and that the properties located at 804 W. LaSalle Avenue and 808 W. LaSalle Avenue
are declared residentially distressed areas.
SECTION IV. The Common Council hereby confirms its Declaratory Resolution designating
the areas described herein as Residentially Distressed Areas for the purposes of tax abatement.
Such designation is for Real property tax abatement only.
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 R-13-97
NOT APPROVED
ADOPJJ9 /6-/2-V7
Member of the Common Coun it
SE? 1 7 1997
LORETrA J. DUDA
Cre Y CLER%, SO. SEND. IM,
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