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04-22-02 Council Meeting Minutes
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04-22-02 Council Meeting Minutes
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City Council - City Clerk
City Council - Document Type
Council Mtg Minutes
City Counci - Date
4/22/2002
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REGULAR MEETING APRIL 22, 2002 <br />C. The Petitioner made inquiry into the availability of tax abatement on the <br />increase in assessed value of the Property that will result from its rehabilitation, as <br />early as November of 2001, but was informed erroneously that the Property was not <br />in an area that would qualify for tax abatement or that would be given favorable <br />consideration for tax abatement. <br />D. The Property is in fact located within the East Bank Development Area, <br />an area within the City of South Bend that has been targeted by the Common Council <br />for favorable consideration of tax abatement for redevelopment and rehabilitation of <br />office space, under section 2- 78.1(c)(6) of the South Bend Municipal Code. <br />E. The fact that the Property is located within the East Bank Development <br />Area was not made known to the Petitioner until late January of 2002. The Petitioner <br />contacted the South Bend Department of Community and Economic Development <br />and initiated the completion of the tax abatement petition and statement of benefits <br />promptly upon learning of this status. <br />F. The Petitioner gave express instructions to its contractor not to allow <br />demolition of the interior of the Property to begin until such time as the statement of <br />benefits had been filed with the South Bend City Clerk, as filing agent for the <br />Common Council. <br />G. Notwithstanding these instructions, the contractor began such demolition <br />on February 4, 2002. The statement of benefits and tax abatement petition were first <br />filed with the City Clerk the next day, February 5, 2002. The tax abatement petition <br />was filed again by the South Bend Department of Community and Economic <br />Development on February 19, 2002, as noted in the first prefatory recital of this <br />Resolution. <br />H. Although demolition was initiated on February 4, 2002, without the <br />Petitioner's knowledge or consent, before the statement of benefits was filed, there <br />was no remodeling, repair, betterment, enlargement or extension of the Property <br />(collectively, "Rehabilitation" as defined in section 6 -1.1- 12.1 -1(6) of the Indiana <br />Code) that would have given rise to an increase in assessed valuation of the Property <br />until after February 5, 2002, the date on which the statement of benefits was filed in <br />accordance with the requirements of section 6 -1.1- 12.1 -3 of the Indiana Code. <br />I. 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 permit is obtained <br />and before rehabilitation begins. <br />J. The Petitioner's contractor obtained a building permit on or about <br />February 8, 2002, and initiated rehabilitation activities soon after demolition of the <br />interior of the Property was completed. The building permit and the initiation of <br />rehabilitation activities took place before the Common Council had adopted a <br />declaratory resolution, in violation of the Common Council's policy. <br />K. If the Petitioner had received correct information concerning the location <br />of the Property within the East Bank Development Area when it first made inquiry <br />in November or December of 2001, there would have been more than adequate time <br />for the Petitioner to have completed the tax abatement petition process, and for the <br />Common Council to have heard the petition and to have acted on the declaratory <br />resolution, well before a building permit had to be obtained and well before any <br />rehabilitation had begun. <br />-13- <br />
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