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REGULAR MEETING <br />MAY 10, 2004 <br />This bill had third reading. Councilmember Coleman made a motion to consider the <br />substitute as amended version of this bill. Councilmember Kuspa seconded the motion <br />which carried by a voice vote of nine (9) ayes. Additionally, Councilmember Coleman <br />made a motion to pass this bill as substituted and amended. Councilmember Kuspa <br />seconded the motion which carried. The bill passed by a roll call vote of nine (9) ayes. <br />RESOLUTIONS <br />RESOLUTION NO. 3326 -04 A RESOLUTION CONFIRMING THE <br />ADOPTION OF A DECLARATORY <br />RESOLUTION DESIGNATING CERTAIN <br />AREAS WITHIN THE CITY OF SOUTH <br />BEND, INDIANA, COMMONLY KNOWN <br />AS 5111 OLDS AVENUE AS A <br />RESIDENTIALLY DISTRESSED AREA <br />FOR PURPOSES OF A FIVE (5) YEAR <br />RESIDENTIAL REAL PROPERTY TAX <br />ABATEMENT FOR MARCO AND RAMONA <br />KYLE <br />WHEREAS, the Common Council of the City of South Bend, Indiana, has adopted a <br />Declaratory Resolution designating a certain area within the City as a Residentially <br />Distressed Area for the purpose of tax abatement consideration; and <br />WHEREAS, a Declaratory Resolution designated the area commonly known as 5111 <br />Olds Ave South Bend, Indiana, and which is more particularly described as follows: <br />Street Address Legal Description Key Number <br />5111 Olds Avenue Lot 109, 110, 111 Portage Gardens 18- 2224 -8383 <br />be designated as a Residentially Distressed Area; and <br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public hearing <br />before the Council has been published pursuant to Indiana Code 6 -1.1- 12.1 -2.5; and <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrances 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 South <br />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 se g., 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. 8845 -97, which was <br />passed on December 8, 1997: <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 />10 <br />