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REGULAR MEETING DECEMBER 13, 2010 <br /> <br /> <br /> <br />WHEREAS, the goals and objectives originally set out in the petition remain the <br />same and the location of the personal property is the same as stated in the petition which <br />is 1840 North Commerce Drive, South Bend, Indiana; and <br /> <br />WHEREAS, due to accounting restrictions and tax laws Stanz Realty Co., LLP <br />and Stanz Cheese Co., Inc. must each and individually account for and pay property taxes <br />on the personal property they financed; and <br /> <br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public <br />hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; <br />and <br /> <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrance’s and objections from interested persons; and <br /> <br />WHEREAS, the Council has determined that the qualifications for an economic <br />revitalization area have been met. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br />South Bend, Indiana, as follows: <br /> <br />SECTION I. The Common Council hereby confirms its Declaratory Resolution <br />designating the area described herein as an Economic Revitalization Area for the <br />purposes of tax abatement. Such designation is for Personal property tax abatement only <br />and is limited to two (2) calendar years from the date of adoption of the Declaratory <br />Resolution by the Common Council. <br /> <br />SECTION II. The Common Council hereby determines that the property owners are <br />qualified for and are granted Personal property tax deduction for a period of five (5) <br />years, and further determines that the petition complies with Chapter 2, Article 6, of the <br />Municipal Code of the City of South Bend and Indiana Code 6-1.1-12 et seq. <br /> <br />SECTION III. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approved by the Mayor. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br /> <br />Councilmember Rouse, Chairperson, Community and Economic Development <br />Committee reported that this committee held a Public Hearing on this bill this afternoon <br />and sends it to the full Council with a favorable recommendation. <br /> <br />Mr. Mark Harman, President, Stanz Foodservice, Inc., Stanz Realty Co., LLP, Stanz <br />Cheese Co. Inc., 1840 N. Commerce Drive, South Bend, Indiana, made the presentation <br />for this bill. <br /> <br />Mr. Harman advised that on August 25, 2008 through Confirming Resolution No. 3896- <br />08, the Common Council approved a personal property tax abatement for Stanz <br />Foodservice, Incorporated. Stanz Foodservice is located at 1840 North Commerce Drive. <br />After the resolution was approved the company completed the acquisition and installation <br />of the equipment covered by the tax abatement. However, ownership of the personal <br />property was divided between tow other entities: Stanz Realty Co., LLP and Stanz <br />Cheese Co., Inc. Those two entities financed the acquisition of the equipment covered by <br />the tax abatement. The two entities operate and do business as (d/b/a) Stanz Foodservice, <br />Incorporated. Upon completion of the project the two entities submitted deduction <br />application forms (Form 103 ERA) in their name to the St. Joseph County Assessor’s <br />Office. The Assessor’s Office cannot process the forms because the Confirming <br />Resolution is in the name of Stanz Foodservice, Inc. Stanz Realty Co., LLP and Stanz <br />Cheese Co.,, Inc are doing business as Stanz Foodservice, Inc. All three entities are <br /> 26 <br /> <br />