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REGULAR MEETING <br />RESOLUTION NO. 3699-07 <br />FEBRUARY 12, 2007 <br />A RESOLUTION CONFIRMING THE <br />ADOPTION OF A DECLARATORY <br />RESOLUTION DESIGNATING CERTAIN <br />AREAS WITHIN THE CITY OF SOUTH <br />BEND, INDIANA, COMMONLY <br />KNOWN AS 1017 NOTRE DAME <br />AVENUE AS RESIDENTIALLY <br />DISTRESSED AREAS FOR PURPOSES <br />OF A (5) FIVE-YEAR RESIDENTIAL <br />REAL PROPERTY TAX ABATEMENT <br />FOR DON AND SARA POPE DAMS <br />WHEREAS, the Common Council of the City of South Bend, Indiana, has <br />adopted a Declaratory Resolution designating certain areas within the City as <br />Residentially Distressed Areas for the purpose of tax abatement consideration; and <br />WHEREAS, a Declaratory Resolution designated the area commonly known <br />(ADDRESS), South Bend, Indiana, and which is more particularly described as follows: <br />Lot 86, N'/a, Sorin's 2"d Addition <br />and this property has Tax Key Number 18-5104-3655, be designated as a Residentially <br />Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et seq., and South Bend <br />Municipal Code Sections 2-76 et seq., and; <br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public <br />hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; <br />and <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrance's and objections from interested persons; and <br />WHEREAS, the Council has determined that the qualifications for a residentially <br />distressed area have been met. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br />South Bend, Indiana, as follows: <br />SECTION I. The Common Council hereby determines and finds that the petition for real <br />property tax abatement and the Statement of Benefits form meet the requirements of <br />Indiana Code 6-1.1-12.1 et seq., for tax abatement. <br />SECTION II. The Common Council hereby determines and finds that the area meets one <br />of the following conditions as formally established in Ordinance No. 9394-03, which was <br />passed on February 10, 2003: <br />A. The area is comprised of parcels that are either unimproved or contain only <br />one (1) or two (2) family dwellings designed for up to four (4) families, <br />including accessory buildings for those dwellings; or <br />B. Any dwellings in the area are not permanently occupied and are: <br />i. the subject of an order issued under IC 36-7-9; or <br />ii. evidencing significant building deficiencies; or <br />C. Parcels of property in the area: <br />i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; <br />or <br />ii. are owned by a unit of local government; or <br />D. A significant number of dwelling units within the area are not permanently <br />occupied or a significant number of parcels in the area are vacant land; or <br />16 <br />