04-23-12 Common Council Meeting Minutes

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REGULAR MEETING APRIL 23, 2012 RESOLUTION NO. 4174-12 A DECLARATORY RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING A PROPERTY TAX EXEMPTION FOR CERTAIN ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT PURSUANT TO INDIANA CODE 6-1.1-10-44 DATA REALTY NORTHERN INDIANA, LLC PROJECT LOCATED AT 1440 IGNITION DRIVE SOUTH IN THE SIXTH COUNCIL DISTRICT WHEREAS, Indiana Code 6-1.1-10-44 (the "Act") authorizes the Common Council (the "Common Council") of the City of South Bend, Indiana (the "City") to make a determination that certain qualified personal property owned by a eligible business is exempt from property taxation to the extent such property is located in the City; and WHEREAS, Data Realty Northern Indiana, LLC (the "Company"), has announced its plans to locate a computing, networking, and data storage facility (the "Project") at 1440 Ignition Drive South in the City (the "Site"); WHEREAS, the jobs to be created by the Project will have an average employee wage of $28.36 per hour and the Project will result in a capital investment of $14.2 million in real and personal property improvements; and WHEREAS, the Company has presented to this Common Council a Letter Agreement, a form of which is attached hereto as Exhibit A and the terms of which are incorporated herein (the "Agreement"), in which Agreement the Company describes the Project, and pursuant to which the Company requests that this Common Council determine that (i) the Company is an "Eligible Business" as defined herein and in the Act; and (ii) certain of the personal property to be owned by the Company and located at the Site listed at Exhibit A to the Agreement and including any equipment which may replace such equipment (the "Computer Equipment") is "Qualified Property" as defined herein and in the Act and therefore qualifies for the property tax exemption provided by the Act; and WHEREAS, as used herein and as defined in the Act, "Qualified Property" means certain enterprise information technology equipment acquired after June 30, 2009, which would include any of the personal property listed below, but would not include computer hardware designed for a single user, workstation, or departmental level use: (a) Hardware supporting computing, networking, or data storage function, including servers and routers; (b) Networking systems having an industry designation as equipment within the "enterprise" or "data center" class of networking systems that support the computing, networking, or data storage functions; or (c) Generators and other equipment used to ensure an uninterrupted power supply to the equipment described in subparagraph (a) or (b) above; and WHEREAS, "Eligible Business" as used herein and defined in the Act means an entity that meets each of the following requirements: (a) The entity is engaged in a business that operates one or more facilities dedicated to computing, networking or data storage activities; 22