HomeMy WebLinkAboutDesignating Tax Abatement - Penz Realty/Penz Enterprises, Inc. Near Cleveland Rd Intersection with Brick Rd. (5 Year Personal Property)RESOLUTION
NO. 1789 -90
Passed by the Common Council of the City of South Bend, Indiana,
May
Attest:___
14,
O
a
Presented by me to the Mayor of the City of South Bend,
May
15, 90
19
Approved and signed by me
e
May 16
Clerk
President of Common Council.
90
City Clerk
Mayor
RESOLUTION NO. / / U / ^ 90
A RESOLUTION OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, DESIGNATING CERTAIN AREAS
WITHIN THE CITY OF SOUTH BEND COMMONLY KNOWN AS
LOTS 1 AND 2 OF THE PROPOSED (UNRECORDED)
MICHIANA REGIONAL INDUSTRIAL PARK WHICH IS
LOCATED NEAR THE CLEVELAND ROAD INTERSECTION WITH
BRICK ROAD AT THE U. S. 31 NORTH BY -PASS
AN ECONOMIC REVITALIZATION AREA FOR PURPOSES
OF A FIVE (5) YEAR PERSONAL PROPERTY TAX ABATEMENT
FOR PENZ REALTY /PENZ ENTERPRISES, INC. /PENZ PRODUCTS, INC.
WHEREAS, a petition for personal property tax
abatement has been filed with the City Clerk for consideration
by the Common Council of the City of South Bend, requesting
that the area commonly known as Lots 1 and 2 of the proposed
(unrecorded) Michiana Regional Industrial Park which is located
near the Cleveland Road intersection with Brick Road at the
U. S. 31 North By -Pass, South Bend, Indiana, and which is more
particularly described as follows:
A parcel of land being a part of the Southwest Quarter
of Section 17, Township 38 North, Range 2 East in
German Township, St. Joseph County Indiana and being
more particularly described as follows:
Commencing at the Southwest Quarter of said Section
17, thence North zero (0) degrees four (4) minutes
three (3) seconds east (all bearings in this
description are based on the East line of the
Southwest Quarter of said Section 17, said line having
an assumed bearing of North zero (0) degrees zero (0)
minutes zero (0) seconds East) along the West line of
said Southwest Quarter a distance of two hundred (200)
feet to a point; said point being the true place of
beginning of this description; thence continuing North
zero (0) degrees four (4) minutes three (3) seconds
east along said West line a distance of four hundred
(400) feet to a point; thence South eighty -nine (89)
degrees thirty -nine (39) minutes six (6) seconds East
a distance of six hundred twenty -five (625) to a
point; said point being thirty (30) feet West measured
at right angles to the centerline of the proposed
Michiana Drive; thence South parallel to said
centerline of Michiana Drive approximately a distance
of five hundred ten (510 + / -) feet to a point; said
point being ninety (90) feet North measured at right
angles to Brick Road; thence following a fifty foot
radius from South to West to a point; said point being
at the tangent between the fifty (50) foot radius and
a parallel line being forty (40) feet North measured
at right angles to the centerline of Brick Road;
thence North eighty -nine (89) degrees thirty -nine (39)
minutes six (6) seconds West a distance of
approximately one hundred five (105 + / -) feet to a
point; thence North zero (0) degrees twenty -two (22)
minutes thirty -eight (38) seconds East a distance of
one hundred sixty -five (165) feet to a point; thence
North eighty -nine (89) degrees thirty -nine (39)
minutes six (6) seconds West a distance of one hundred
thirty -eight (138) feet to a point; thence South zero
(0) degrees twenty -two (22) minutes thirty -eight (38)
seconds West a distance of one hundred sixty -five feet
to a point; thence North eighty -nine (89) degrees
thirty -nine (39) minutes six (6) seconds West a
distance of sixty (60) feet to a point; thence North
zero (0) degrees twenty -two (22) minutes thirty -eight
(38) seconds East a distance of one hundred sixty
(160) feet to a point; thence North eighty -nine (89)
degrees thirty -nine (39) minutes six (6) seconds West
a distance of three hundred thirty (330) feet to the
point of beginning.
Containing 6.70 acres more or less.
(Lots 1 & 2 of the Proposed and unrecorded subdivision
Michiana Regional Industrial Park, Cleveland and Brick
Roads at the ByPass, US 31 North, St. Joseph County
Indiana)
be designated as an Economic Revitalization Area under the
provisions of Indiana Code 6 -1.1- 12.1 -1 et sea., and South Bend
Municipal Code Section 2 -76 et sea., and;
WHEREAS, the Department of Economic Development has
concluded an investigation and prepared a report with
information sufficient for the Common Council to determine that
the area qualifies as an Economic Revitalization Area under
Indiana Code 6 -1.1- 12.1 -1 et seq., and South Bend Municipal
Code Section 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 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 Personal Property Tax Abatement and
Statement of Benefits form completed by the Petitioner meet the
requirements of I.C. 6 -1.1- 12.1 -1 et sea., and qualifies under
the provisions of South Bend Municipal Code Section 2 -76, et
sea., for tax abatement.
SECTION II. The Common Council hereby determines and
finds the following:
A. That the estimate of the value of the
redevelopment or rehabilitation is reasonable for projects of
this nature;
B. That the estimate of the number of individuals
who will be employed or whose employment will be retained can
reasonably be expected to result from the proposed described
redevelopment or rehabilitation;
C. That the estimate of the annual salaries of those
individuals who will be employed or whose employment will be
retained can be reasonably expected to result from the proposed
redevelopment or rehabilitation;
D. 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
E. That the totality of benefits is sufficient to
justify the deduction; all of which satisfy the requirements of
I.C. 6 -1.1- 12.1 -3 and which can be reasonably expected to
result from the installation of the new manufacturing equipment.
SECTION III. The Common Council hereby determines and
finds that the proposed new manufacturing equipment can be
reasonably expected to yield the benefits identified in the
Statement of Benefits as set forth in sections I through II of
-2-
the Petition for Personal 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 Section 6 -1.1- 12.1 -4.5 of the Indiana Code.
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 for purposes of
personal property tax abatement and hereby makes such a
designation.
SECTION V. The Common Council determines that such
designation is for personal property tax abatement only and
shall be limited to two (2) calendar years from the date of the
adoption of this Resolution by the Common Council.
SECTION VI. 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 VII. The Common Council directs the City
Clerk to cause notice of the adoption of this Declaratory
Resolution for Personal Property Tax Abatement to be published,
said publication providing notice of the public hearing before
the Common Council on the proposed confirming of said
declaration.
SECTION VIII. This Resolution shall be in full force
and effect from and after its adoption by the Common Council
and approval by the Mayor.
19810
PRESENTED 5- ) Ll-Cio
NOT APPROVED
ADOPTED � - / 4 - 40
Member of the Co Co u 1
-3-
Office
MAY 2 1990