02-09-04 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 9, 2004 WHEREAS, a Statement of Benefits and a petition for residential real property tax abatement has been submitted to and filed with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana requesting that the areas commonly known as 4217 Cherry Pointe Drive, 4435 Whitefeather Drive, 4401 Whitefeather Drive (or 4025 Cherry Pointe Drive), 4444 Whitefeather Drive (or 4002 Brick Road), 4434 Whitefeather Drive, 4426 Whitefeather Drive, 4418 Whitefeather Drive, and 4410 Cherry Pointe Drive,South Bend, Indiana, and which are more particularly described as follows: Street Address: Legal Description: Key Number: 4217 Cherry Pointe Dr. Lot#18 Harvest Pointe 25-1013-020733 4435 Whitefeather Dr. Lot#29 Harvest Pointe 25-1013-020812 4401 Whitefeather Dr. Lot#33 Harvest Pointe 25-1013-020808 or 4025 Cherry Pointe* 4444 Whitefeather Dr. Lot#34 Harvest Pointe 25-1013-020802 or 4002 Brick Road* 4434 Whitefeather Dr. Lot#35 Harvest Pointe 25-1013-020803 4426 Whitefeather Dr. Lot#36 Harvest Pointe 25-1013-020804 4418 Whitefeather Dr. Lot#37 Harvest Pointe 25-1013-020805 4410 Cherry Pointe Dr. Lot#38 Harvest Pointe 25-1013-020733 * designates corner lots which may have one or the other street address be designated as a Residentially Distressed Area; and WHEREAS,notice of the adoption of a Declaratory Resolution and the public hearing before the Council has been published pursuant to Indiana Code 6-1.1-12.1-2.5; and WHEREAS,the Council held a public hearing for the purposes of hearing all remonstrances and objections from interested persons; and WHEREAS,the Council has determined that the qualifications for a residentially distressed area have been met. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby determines and finds that the petition for real property tax abatement and the Statement of Benefits form meet the requirements of Indiana Code 6-1.1-12.1 et seq., for tax abatement. SECTION II. The Common Council hereby determines and finds that the area meets one of the following conditions as formally established in Ordinance no. 8845-97, which was passed on December 8, 1997: A. The area is comprised of parcels that are either unimproved or contain only one(1)or two (2) family dwellings designed for up to four (4) families, including accessory buildings for those dwellings; or B. Any dwellings in the area are not permanently occupied and are: i. the subject of an order issued under IC 36-7-9; or ii. evidencing significant building deficiencies; or C. Parcels of property in the area: i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; or ii. are owned by a unit of local government; or -15-