03-22-04 Council Meeting Minutes

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