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03-22-04 Council Meeting Minutes
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03-22-04 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Committee Mtg Minutes
City Counci - Date
3/22/2004
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REGULAR MEETING MARCH 22, 2004 <br /> WHEREAS, the Common Council has adopted a policy requiring that petitioners for real <br /> property tax abatement wait until after the Common Council has adopted a declaratory resolution <br /> in accordance wit h Indiana Code section 6-1.1-12.1-2.5(b), before obtaining a building permit <br /> and before initiating redevelopment or rehabilitation of real property; and <br /> WHEREAS, the Petitioner has presented substantial evidence to the Common Council <br /> that circumstances beyond the Petitioner's control resulted in a building permit being issued and <br /> rehabilitation of the Property commencing before the Common Council had adopted a <br /> declaratory resolution, and the Common Council has concluded that such circumstances present a <br /> compelling reason to waive the Common Council's policy; <br /> NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South <br /> Bend, Indiana as follows: <br /> SECTION I. The Petitioner has presented testimonial evidence of the following facts and <br /> the Common Council hereby makes the following findings of fact in support of this resolution: <br /> A. The Petitioner made a good faith effort to notify all contractors to not initiate <br /> rehabilitation activities until such time as the petition for tax abatement had been <br /> considered by the Common Council. <br /> B. Not withstanding these instructions, and unbeknownst to the Petitioner, the <br /> contractor obtained a building permit on March 11, 2004 and initiated <br /> rehabilitation activities on a portion of the project representing a cost of$12,800. <br /> C. Upon discovery of the error, the contractor was immediately notified to cease <br /> rehabilitation activities. <br /> D. The Petitioner acknowledges and respects the long-standing policy of the <br /> Common Council to require that the economic revitalization area declaratory <br /> resolution be adopted by the Common Council before a building peiuiit is <br /> obtained and before rehabilitation commences. <br /> E. At all times throughout these proceedings, the Petitioner has acted in good faith, <br /> has promptly cooperated with all requests of the Common Council and the South <br /> Bend Department of Community and Economic Development, and has made <br /> every effort to comply, to the best of its ability, with the requirements of law and <br /> the policies of the Common Council. <br /> F. Because the Petitioner made a good faith effort to comply , and it was only <br /> discovered after the submission of the Petition for tax abatement that a permit was <br /> pulled six days prior, and upon discovery of the error all rehabilitation activities <br /> were immediately terminated, the Petitioner respectfully requests a waiver of the <br /> requirement to first receive approval of a declaratory resolution by the Common <br /> Council. <br /> SECTION II. The foregoing facts, taken together, lead the Common Council to conclude <br /> that sufficient reasons exist to waive noncompliance by the Petitioner with certain conditions <br /> precedent to rehabilitation of the Property, in accordance with Indiana Code section <br /> 6-1.1-12.1-11.3, however, the Council excludes from this waiver the amount of$12,800 which is <br /> the amount indicated on the building permit obtained on March 11, 2004. <br /> SECTION III. The Common Council hereby waives such noncompliance, for the purpose <br /> of permitting the Council to proceed with consideration of the Petition on its merits. <br /> -16- <br />
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