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Home My WebLink AboutDesignating Tax Abatement - Portage Prairie Development, Lot 2 - Waggoner Farm Development., L.P. (Ontario Partners, L.P.)RESOLUTION 3984-09 Passed by the Common Council of the City of South Bend, Indiana July 27, 09 20 Attest: City Glerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana JUiy 28, Approved and signed by me 2009 July 29 09 20 City Clerk ~' RESOLUTION NO. 3 1 ~ ~~~ ~ _ 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 PORTAGE PRAIRIE DEVELOPMENT, LOT 2 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF AN SIX-YEAR REAL PROPERTY TAX ABATEMENT FOR WAGGONER FARM DEVELOPMENT, L.P. (ONTARIO PARTNERS, L.P.) 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 Portage Prairie Development, Lot 2, South Bend, Indiana, and which is more particularly described as follows: A PART OF THE NORTHWEST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, CITY OF SOUTH BEND, ST. JOSEPH COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 17, SAID CORNER BEING MARKED BY A HARRISON TYPE MONUMENT; THENCE SOUTH 00 DEGREES 12 MINUTES 46 SECONDS EAST, A DISTANCE OF 910.31 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST, A DISTANCED OF 385.46 FEET TO THE WEST RIGHT-OF-WAY LINE OF DYLAN DRIVE AS RECORDED UNDER INSTRUMENT NUMBER 0647966 IN THE OFFICE OF RECORDER OF SAID COUNTY; THENCE SOUTH 00 DEGREES 15 MINUTES 35 SECONDS EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 919.19 FEET TO THE NORTH LINE OF PORTAGE PRAIRIE MINOR #2 AS RECORDED UNDER INSTRUMENT 0814357 NUMBER; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 386.22 FEET TO THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST ALONG SAID NORTH LINE OF PORTAGE PRAIRIE MINOR #2, A DISTANCE OF 166.28 FEET; THENCE NORTH 00 DEGREES 15 MINUTES 35 SECONDS EAST AND PARALLEL TO SAID WEST RIGHT-OF-WAY LINE OF DYLAN DRIVE, A DISTANCE OF 919.19 FEET; THENCE NORTH 89 DEGREES 44 MINUTES 25 SECONDS EAST, A DISTANCE OF 167.04 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 11.659 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS, RIGHT-OF-WAY, COVENANTS AND RESTRICTIONS OF RECORD. and which has no Key Number at this point and time, be designated as an Economic Revitalization Area under the provisions of Indiana Code § 6-1.1-12.1 et sec ., and South Bend Municipal Code Sections 2-76 et se ., and; WHEREAS, the Department of Community and 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, et sec ., and South Bend Municipal Code Sections 2-76, et sec ., 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 Community 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 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 as set forth in Sections 1 through 3 of the Petition for Real Property Tax Abatement Consideration, 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 and Economic Development 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. SECTION V. 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 VI. The Common Council hereby determines that the property owner is qualified for and is granted property tax deduction for a period six (6) years. 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 the Mayor. l ~ ' Member of the Common Council ~~~ PRESENTED ~ _Z~_oy ~S Su--~ ~ ~ NOT APPROVED q~ ADOPTED ~ -2,'~ -~ ~ 0. 5 S ~.~-~'' S7~ 1 ' " `' Filed in Clerk's office JUL 2 72009 JOHN SO BEND, IN. CTiY CLERK, TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 09-48 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 PORTAGE PRAIRIE DEVELOPMENT, LOT 2 AN ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A NINE-YEAR REAL PROPERTY TAX ABATEMENT FOR WAGGONER FARM DEVELOPMENT, L.P. (ONTARIO PARTNERS, L.P.) 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 and as a substitute bill changing 9 year to 6 year tax.abatement. Ann Puzzello Chairperson, Committee of the Whole