09-24-12 Common Council Meeting Minutes

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REGULAR MEETING SEPTEMBER 24, 2012 SECTION 2. The foregoing facts, taken together, lead the Common Council to conclude that the Taxpayer has fulfilled its projected plans to construct new improvements contemplated as part of the 2010 Resolution (the “Abatement”) and that its belated filing of an application required to claim the benefits of the Abatement as of March 1, 2011 (for taxes due and payable in 2012) was inadvertent. SECTION 3. The Common Council hereby waives the matter of noncompliance that may be waived under State and local law regarding the late filing of applicable deduction applications in order for the Taxpayer to claim and receive the benefit of tax Abatement on its investment in new building improvements contemplated as part of the 2010 Resolution as of the March 1, 2011 assessment date, all as is permitted under I.C § 6-1.1-12.1-11.3 (including ND ODE specific waiver that the deduction application under I.C § 6-1.1-12.1-5 be timely filed ND ODE with the county auditor to claim property tax abatement deductions for the 2011-Pay-2012 tax year). SECTION 4. The Common Council incorporates herein by reference, and hereby ratifies and reaffirms: (a) the 2010 Resolution; (b) the tax abatement application and statements of benefits of the Taxpayer; and (c) the recitals of this Resolution. The Common Council and the Clerk of the City of South Bend are authorized to take all such further acts and execute and deliver all such further documents for the St. Joseph County Auditor or otherwise as may be reasonably necessary to give effect to this Resolution, all without further application to or formal action by the Common Council. SECTION 5. This Resolution shall be in full force and effect from and after its passage and approval by the Mayor. Derek D. Dieter Member of the Common Council Councilmember Gavin Ferlic, Vice-Chairperson, Community & Economic Development Committee reported that this committee held a Public Hearing on this bill this afternoon and voted to send it to the full Council with a favorable recommendation. st Mr. Richard Deahl, Attorney, Barnes & Thornburg LLP., 600 1 Source Bank Center, 100 N. Michigan, South Bend, Indiana, made the presentation for this bill. Mr. Deahl advised that he is representing Olive Cleveland Partners, LLC. He stated that they kindly request the Council’s consideration of the waiver for Olive Cleveland Partners technical non-compliance with a filing requirement to claim the benefit of certain tax abatement. He stated that more specifically in 2010, the Council granted a five year tax abatement on Olive Cleveland Partners proposed investment to construct a 80,000 square foot warehouse/distribution facility on Vorden Parkway for Invacare Corp. They successfully completed construction of this facility, exceeded its investment target and accommodated the relocation of Invacare Corp. and resulted in its ability to retain its business and expand its workforce in South Bend and facilitated the expansion of Patterson Logistics into Invacare’s former site. The new building was first assessed March 1, 2011 for property taxes due this year. Due to a wholly inadvertent oversight regarding coordination of tax filings, Olive Cleveland Partners learned that it filed its application to claim the benefits of abatement a mere eleven (11) day after the period that such filing was due. He stated that this bill would kindly request that a waiver of this non-compliance in order to restore the tax abatement benefits to which Oliver Cleveland Partners would have received had it timely filed the application. Mr. Deahl asked for the Council’s favorable consideration. There being no one present wishing to speak to the Council either in favor of or in opposition to this Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember Oliver Davis seconded the motion which carried and the Resolution was adopted by a roll call vote of nine (9) ayes. 14