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RESOLUTION NO. <br /> DECLARATORY RESOLUTION OF THE <br /> COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, <br /> AUTHORIZING A PROPERTY TAX EXEMPTION FOR <br /> CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT <br /> PURSUANT TO INDIANA CODE 6-1.1•-1044 <br /> ( PROJECT LOCATED AT _ (STREET ADDRESS) <br /> IN THE COUNCIL DISTRICT) <br /> WHEREAS, Indiana Code 6-1.1-1044 (the "Act") authorizes the Common <br /> Council (the "Common Council") of the City of South Bend, Indiana (the "City") to make a <br /> determination that certain qualified personal property owned by a eligible business is exempt from <br /> property taxation to the extent such property is located in the City; and <br /> WHEREAS, (the "Company"), has announced its plans <br /> to locate a [computing,networking, or data storage] facility(the "Project")at in the <br /> City (the "Situ") which Project will result in the creation of jobs with an average <br /> employee wage of$ and a capital investment of$ in real and personal <br /> property improvements; and <br /> WHEREAS, the Company has presented to this Common Council a Letter <br /> Agreement, a form of which is attached hereto as Exhibit A and the terms of which are <br /> incorporated herein (the "Agreement"), in which Agreement the Company describes the Project, <br /> and pursuant to which the Company requests that this Common Council determine that (i) the <br /> Company is an "Eligible Business" as defined herein and in the Act; and(ii) certain of the personal <br /> property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement <br /> (the"Computer Equipment")is "Qualified Property" as defined herein and in the Act and therefore <br /> qualifies for the property tax exemption provided by the Act; and <br /> WHEREAS, as used herein and as defined in the Act, "Qualified Property" means <br /> certain enterprise information technology equipment acquired after ,Tune 30, 2009, which would <br /> include any of the personal property listed below, but would not include computer hardware <br /> designed for a single user, workstation, or departmental level use: <br /> (a) Hardware supporting computing, networking, or data storage function, <br /> including servers and routers; <br /> (b) Networking systems having an industry designation as equipment within <br /> the "enterprise" or "data center" class of networking systems that support <br /> the computing, networking, or data storage functions; or <br /> (c) Generators and other equipment used to ensure an uninterrupted power <br /> supply to the equipment described in subparagraph(a) or (b) above; and <br /> BDD6{11 6546518x2 <br />