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HomeMy WebLinkAboutDesignating Tax Abatement – Retail Property Located at Washington Square LLC 211 W. Washington St. (10 Year Real Property)RESOLUTION z �- 15C C2- Y JV Passed by the Common Council of the City of South Bend, Indiana September 28, 15 20 Attest: Presented by me to the Mayor of the City of South Bend, Indiana September 29, 20 15 City Clerk President of Common Council Approved and signed by me S e4 [Ice 119 4 20±5—. i City Clerk 0 RESOLUTION NO. '--( S OL -(5'r 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 211 West Washington Street AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR RETAIL PROPERTY LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC 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 (the "Common Council ") requesting that portion of the property located at 211 West Washington Street, South Bend, Indiana which is more particularly described as: Lots 239 & 240 & Vac Alley W & Adj OP and which is to be rehabilitated for use as retail property and shall have a separate Key Number assigned upon the subdivision of the parcel into four (4) separate tax parcels and provided to the Common Council be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6 -1.1 -12.1 et seq., and South Bend Municipal Code Sections 2 -76 et seq.; and WHEREAS, petitioner has agreed to and has accepted responsibility to report any changes in the final legal description and to report the final, appropriate Key Number to the Department of Community Investment and to the Office of the City Clerk; and WHEREAS, the Department of Community Investment 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, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has further prepared maps and plats showing the boundaries and such other information regarding the area in question as required by law; and US.99336767.02 WHEREAS, the Community Investment 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 et seq., 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 benefits identified in the Statement of Benefits, Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration and the Memorandum of Agreement between the Petitioner and the City of South Bend, and that the Statement of Benefits form completed by the petitioner, said form being 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 Community Investment Committee that the area herein described be designated as an Economic Revitalization Area and hereby adopts a Resolution designating this area as an Economic Revitalization Area for purposes of real property tax abatement. -2- US.99336767.02 SECTION V. The designation as an Economic Revitalization Area shall be limited to three (3) calendar years from the date of the adoption of this Resolution by the Common Council. The Common Council determines to make the three (3) calendar year designation rather than the two (2) calendar year designation due to the size and scope and the complexity of the rehabilitation of the property. SECTION VI. The Common Council hereby determines pursuant to Indiana Code 6 -1.1- 12.1 -17 that the property owner is qualified for and is granted a property tax deduction for a period of ten (10) years as provided in the following alternate abatement schedule: Real Property Year Abatement 1 100% 2 100% 3 90% 4 85% 5 85% 6 85% 7 85% 8 60% 9 60% 10 60% SECTION VII. 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 VIII. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by th SENTED � NOT. APKOVM -3- US.99336767.02 Hied., it fle- -,rk's Office rr� 2015 Me SOUTH SEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15 -90 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 211 WEST WASHINGTON STREET AS AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A TEN (10) YEAR REAL PROPERTY TAX ABATEMENT FOR A RETAIL PROPERTY LOCATED AT THE TOWER AT WASHINGTON SQUARE LLC Respectfully report that they have examined the matter and that in their opinion,, this bill is being recommended to the full Council with no recommendation due to a lack of a quorum. This bill was heard by the Community Investment Committee. Karen L. White Chairperson, Committee of the Whole