08/13/07 Council Meeting Minutes

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REGULAR MEETING AUGUST 13, 2007 D. Full consideration of the Petitioner's tax abatement petition was delayed through no fault of the Petitioner or Corporate Services, Inc. E. As a result of the timely submission of the petition, Corporate Services, Inc. had committed to providing a finished, environmentally controlled production and storage facility for a client. F. The building Corporate Services, Inc. is occupying was vacated several months ago by a firm that closed its operations in South Bend. By moving quickly Corporate Services, Inc. created an opportunity to back fill a building that was in danger of remaining unoccupied for sometime. G. The property is located within the Airport Development Area, an area within the city that has been targeted by the Common Council for consideration of tax abatement for redevelopment and rehabilitation of industrial space, Section 2-82 of the South Bend Municipal Code. H. The Petitioner and Corporate Services, Inc. acknowledge and respect the long-standing policy of the Common Council to require that the economic revitalization area declaratory and confirming resolutions be adopted by the Common Council before a building permit is obtained and before rehabilitation begins. I. At all times throughout these proceedings, the Petitioner and Corporate Services, Inc. have acted in good faith, have promptly cooperated with all requests of the Common Council and the South Bend Department of Community and Economic Development, and have made every effort to comply, to the best of their ability, with the requirements of law and the policies of the Common Council. J. Because of the unusual and adverse circumstances described herein, the Petitioner and Corporate Services, Inc. were forced by the exigencies of the situation to proceed with rehabilitation of the Property without first receiving adoption of declaratory and confirming resolutions by the Common Council. SECTION II. The foregoing facts, taken together, lead the Common Council to conclude that compelling reasons exist to waive noncompliance by the Petitioner with certain conditions precedent to rehabilitation of the Property, in accordance with Indiana Code section 6-1.1-12.1-11.3. SECTION III. The Common Council hereby waives such noncompliance, for the purpose of permitting the Council to proceed with consideration of the Petition on its merits. SECTION IV. The waiver granted in this Resolution is unique to Petitioner, and it shall not be construed as a relaxation of the Common Council's general rules requiring adoption of declaratory and confirming resolutions before obtaining a building permit. SECTION V. This Resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. s/Timothy A. Rouse Member of the Common Council RESOLUTION NO. 3772-07 A RESOLUTION OF THE COMMON COUNCIL 13