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Home My WebLink AboutDesignating Tax Abatement - Massachusetts Mutual Life Insurance Co./Scottsdale Mall Southeast Corner of Ireland & Miami Roads (10 Year Real Property)RESOLUTION NO. 2031 -93 Passed by the Common Council of the City of South Bend, Indiana, April 12, 1993 Attest: [,Qi _< <- ^"^- P�- 2 ✓ City Clerk Attest Presented by me to the Mayor of the City of South Bend, Indiana April 13, 93 19 of Common Council. City Clerk Approved and signed by me_ - /(� 19--?�� C. Mayor RESOLUTION NO. x2a 91- 93 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 THE SOUTHEAST CORNER OF IRELAND AND MIAMI ROADS SOUTH BEND, INDIANA AN ECONOMIC REVI'T'ALIZATION AREA FOR PURPOSES OF A TEN YEAR REAL PROPERTY TAX ABATEMENT FOR MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY /SCOTTSDALE MALL WHEREAS, a petition for real property tax abatement has been 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 the Southeast Corner of Ireland and Miami Roads, South Bend, Indiana, and which is more particularly described as follows: A parcel of real estate in the County of St. Joseph State of Indiana and described as follows: A parcel being part of the North Half of the Southwest Quarter of Section 30, Township 37 North, Range 3 East, City of South Bend, Centre Township, St. Joseph County, Indiana, described as follows: Commencing at the Northwest corner of said quarter; thence South 89 °54'37" East (bearing assumed) along the North line of said quarter, a distance of 260.00 feet to the point of beginning; thence continuing along said North line, a distance of 1052.00 feet, thence South 00 °05'11" West, a distance of 870.00 feet; thence North 89 °59'16" East, a distance of 53.00 feet; thence South 00 °04'32" West, a distance of 150.00 feet; thence South 89 055'20" East, to the West line of Scottsdale Addition, Section "A", a distance of 484.86 feet; thence South 00 °25'08" East, along said West line to the North right -of -way of U.S. Route 20 bypass, a distance of 156.52 feet; the next (8) calls being on the North said right -of -way; thence Deed; South 69 058'00" West, a distance of 421.39 feet, (measured: South 70 °28'36" West, 313.64 feet and South 70 °27'31" West, 106.22 feet) to the South line of said North Half; thence along said North line, North 89 °52'45" West, a distance of 1397.83 feet; thence North 0 °05'50" East, along the East side of a tract purchased by I.D.O.T. for right -of -way, a distance of 788.54 feet; thence North 89 °27'44" West, to the East right -of -way line (county), a distance of 19.84 feet;`thence along the said East right -of -way line South 0 °04'21" East, a distance of 788.69 feet; thence North 89 °52'45' West, a distance of 40.00 feet to the West line of said quarter section; thence North 00 °00'00" East, along said West line, a distance of 1046.67 feet; thence Deed: South 89 °54'26" East, a distance of 260.00 feet, thence North 00 °00'00" East, a distance of 270.00 feet to the point of beginning. and which has'Key Numbers 231009 - 0582.231009- 0582B. and 231009- 0582C, be designated as an Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et sec., and South Bend Municipal Code Sections 2 -76 et sec.; and WHEREAS, the Human Resources and Economic Development Committee of the Common Council has reviewed said report and recommended to the Common Council that the area qualifies as an Economic Revitalization 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 completed by the Petitioner meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et sec and qualifies under the relevant provisions of South Bend Municipal Code Sections 2 -76 et sec.., for tax abatement. SECTION II. The Common Council hereby determines and finds the following: A. That the description of the proposed redevelopment or rehabilitation meets the applicable standards for such development; B. That the estimate of the value of the redevelopment or rehabilitation is reasonable for projects of this nature; C. That the estimate of the number of individuals who will be employed or whose employment will be retained by the Petitioner can reasonably be expected to result from the proposed described redevelopment or rehabilitation; D. That the estimate of the annual salaries of those individuals who will be employed or whose employment will be retained by the Petitioner can be reasonably expected to result from the proposed redevelopment or rehabilitation; E. That the other benefits about which information was requested are benefits that can be reasonably expected to result from the proposed described redevelopment or rehabilitation; 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 III, The Common Council hereby determines and finds that the proposed described redevelopment or rehabilitation can be reasonably expected to yield the benefits identified in the Statement of Benefits set forth in Sections I through II of 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 IV. The Common Council hereby accepts the report and recommendation of the Human Resources and Economic Development Committee that the area herein described be designated an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. SECTION V. The Council acknowledges the passage of Bill No. 30 -92, which designates the area described hereinabove as an Economic Development Target Area. Therefore, pursuant to Indiana state law, the area in question qualifies for real property tax abatement while being used for retail trade purposes. The Council also has considered the evidence of declining occupancy and degenerating physical facility, together with evidence that other, similar malls are facing a period of economic crisis, and in some instances have been closed. The Council has further considered the potential impact in terms of direct loss of jobs, and loss of ancillary employment opportunities and tax revenues likely to result from further deterioration or closure of the facility in question. As a consequence thereof, the Council has determined that the property in question qualifies for tax abatement under Section 2 -84 of the South Bend Municipal Code and the standards the Council applies in connection with such determinations. SECTION VI. The designation as an Economic Revitalization Area shall be limited to two (2) 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 ten (10) 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. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. EJS01010 3 p*sEr o - ?-Z2 -93 N�IOAFM'RIf i l,00PIEO y_ Member of the Common Council to c r•r v ,u and C.CUACJ.i :iii the issue? ", Filed in Clerk's Office