02-11-02 Council Meeting Minutes

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REGULAR MEETING FEBRUARY 11, 2002 Councilmember Varner stated that to the extent that the granting of the tax abatement was granted as a result of an intent expressed by Accuride, the letter received by the Mayor in late November also clearly expressed an intent to close the factory and production facilities. He noted that it has been clearly demonstrated on both parts and the City can feel quite fair about the fact that the City acted in both cases knowing what the intent was. Councilmember Kelly stated that he believes that Councilmember Varner is correct in his assessment in that the intent has been there and has been there for some time and therefore the Council's actions are certainly valid in his view. Council Attorney Kathleen Cekanski - Farrand noted that some amendatory language for Section II and Section III of the Resolution is being offered. City Attorney Chuck Leone suggested that in Section II after the last word in that section the words "prospectively from this date" be added. Councilmember King stated that as he understands it from the documentation provided to the Community and Economic Committee this afternoon, Accuride has remaining taxes to pay which are 2002 taxes payable in 2003, 2003 taxes payable in 2004 and 2004 taxes payable in 2005. Councilmember King questioned if these years should be identified in the Resolution to avoid confusion and offered that the proposed amendment may not provide the clarity sought. City Attorney Chuck Leone agreed with Councilmember King's suggestion to specify the years for which the abatement is revoked which would be 2002 payable 2003, 2003 payable 2004 and 2004 payable 2005 if those in fact are the remaining years. Councilmember King stated that Accuride will not be using any abatement in 2005 but nevertheless the terms of the abatement covered those years. Both Councilmember King and City Attorney Chuck Leone agreed that this language would be acceptable. Mr. Leone also stated that Section III would have the same amendatory language at the end. Councilmember Coleman made a motion to adopt the amendments as offered as follows: In Section II and in Section III, after the last word of each section add the following language: as it effects taxes due in 2002 payable in 2003, taxes due in 2003 payable in 2004 and taxes due in 2004 payable in 2005. Councilmember King seconded the motion which carried by a voice vote of seven (7) ayes. Councilmember Varner made a motion to adopt this Resolution as amended. Councilmember King seconded the motion which carried by a roll call vote of seven (7) ayes. RESOLUTION NO. 3061 -02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, INDIANA, COMMONLY KNOWN AS 704,705,719, 720, 732, 733, 744, 747, 758, 761, 775, AND 776 ROLAND COURT AS A RESIDENTIALLY DISTRESSED AREA FOR PURPOSES OF A FIVE (5) YEAR RESIDENTIAL REAL PROPERTY TAX ABATEMENT FOR CITY OF SOUTH BEND BOARD OF PUBLIC WORKS 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 area commonly known as 704, 705, 719, 720, 732, BE