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RESOLUTION NO. <br /> A RESOLUTION OF THE <br /> COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br /> ESTABLISHING POLICIES AND FORMS OF RESOLUTIONS <br /> TO BE USED IN CONNECTION WITH THE CONSIDERATION OF THE <br /> GRANTING OF A PROPERTY TAX EXEMPTION PURSUANT <br /> TO INDIANA CODE 6-1.1-10-44 FOR QUALIFIED ENTERPRISE <br /> INFORMATION TECHNOLOGY EQUIPMENT <br /> WHEREAS, with the enactment of Indiana Code 6-1.1-10-44 (the "Act"), the <br /> General Assembly recognized that the State of Indiana (the "State") and its local governmental <br /> units were at a competitive disadvantage with surrounding states in attempting to attract <br /> companies that have as their primary business the provision of computing, networking, or data <br /> storage services because in surrounding states the enterprise information technology equipment <br /> necessary to provide such services are not subject to property taxation unlike in Indiana, where, <br /> absent the application of the Act, such enterprise information technology equipment would be <br /> subject to property taxation; and <br /> WHEREAS, the Act was enacted to law in 2009 for the purpose of permitting <br /> companies that would propose to locate facilities dedicated to computing, networking, or data <br /> storage activities in Indiana to request and, upon approval of the appropriate legislative body, <br /> receive a property tax exemption for the enterprise information technology equipment necessary to <br /> provide such services; and <br /> WHEREAS, the Common Council ("Common Council") of the City of South <br /> Bend, Indiana(the "City"),recognizes the unique location and technological advances available in <br /> the City to companies looking to locate computing, networking, or data storage facilities in the <br /> City which meet the statutory thresholds of business investment in the aggregate of at least <br /> $10,000,000 in real and personal property and agree to the average wage of the business of at least <br /> 125% of the county average wage for St. Joseph County; and <br /> WHEREAS, the Common Council desires to set forth its policy that it seeks to <br /> encourage the'development of computing, networking and data storage service facilities within the <br /> City; and <br /> WHEREAS, the Common Council desires to set forth the process the Common <br /> Council will undertake when asked by a company for a tax exemption under the Act for its <br /> enterprise information technology equipment in order to evidence its intent to attract these types of <br /> businesses to the City. <br /> NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br /> South Bend, Indiana, as follows: <br /> 8 DDB 01 6547671v2 <br />