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REGULAR MEETING MARCH 14, 2011 <br /> RESOLUTION NO. 4089-11 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> ESTABLISHING POLICIES AND FORMS OF <br /> RESOLUTIONS TO BE USED IN CONNECTION <br /> WITH THE CONSIDERATION OF THE <br /> GRANTING OF A PROPERTY TAX <br /> EXEMPTION PURSUANT TO INDIANA CODE <br /> 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 <br /> governmental units were at a competitive disadvantage with surrounding states in <br /> attempting to attract companies that have as their primary business the provision of <br /> computing, networking, or data storage services because in surrounding states the <br /> enterprise information technology equipment necessary to provide such services are not <br /> subject to property taxation unlike in Indiana, where, absent the application of the Act, <br /> such enterprise information technology equipment would be subject to property taxation; <br /> 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 <br /> data storage activities in Indiana to request and, upon approval of the appropriate <br /> legislative body, receive a property tax exemption for the enterprise information <br /> technology equipment necessary to 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 <br /> available in the City to companies looking to locate computing, networking, or data <br /> storage facilities in the City which meet the statutory thresholds of business investment in <br /> the aggregate of at least 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 <br /> within the 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 <br /> its enterprise information technology equipment in order to evidence its intent to attract <br /> these types of businesses to the City. <br /> NOW, THEREFORE, BE IT RESOLVED, by the Common Council of the City <br /> of South Bend, Indiana, as follows: <br /> SECTION I. The Common Council approves of the basic form of declaratory <br /> resolution and basic form of Letter Agreement attached hereto as Exhibit A and the basic <br /> form of confirmatory resolution attached hereto as Exhibit B which are incorporated <br /> herein by reference. In order to set forth a process for the consideration of a tax <br /> exemption requested by a company that would constitute an"Eligible Business" as <br /> defined by the Act for enterprise information technology equipment that would constitute <br /> "Qualified Property" as defined by the Act, the Council agrees that is appropriate to <br /> utilize the basic forms of resolutions and the agreement in order to request the approval <br /> of the Common Council for such an exemption under the Act. <br /> SECTION II. This Resolution shall be in full force and effect from and after its <br /> adoption by the Common Council and approval by the Mayor. <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> 7 <br />