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REGULAR MEETING <br />JANUARY 26, 1998 <br />(5) YEAR RESIDENTIAL REAL PROPERTY TAX <br />ABATEMENT FOR ROJO DEVELOPMENT, INC. <br />WHEREAS, a Statement of Benefits and a petition for real property <br />tax abatement has been submitted to and filed with the City Clerk <br />for consideration by the Common Council of the City of South <br />Bend, Indiana requesting that the areas commonly known as 124 & <br />125 Hermitage South Estates, South Bend, Indiana, and which are <br />more particularly described as follows: <br />LOTS 124 & 125 HERMITAGE SOUTH ESTATES, SECTION THREE <br />which has tax key number 23 1037 2095 be designated as <br />Residentially Distressed Areas under the provisions of Indiana <br />Code 6 -1.1 -12.1 et sea., and South Bend Municipal Code Sections <br />2 -76 et sue., and; <br />WHEREAS, the Department of Community and Economic Development has <br />concluded an investigation and prepared a report with information <br />sufficient for the Common Council to determine that the areas <br />qualify as Residentially Distressed Areas under Indiana Code 6- <br />1.1 -12.1, at sea., and South Bend Municipal Code Sections 2 -76, <br />et sea., and has further prepared maps and plats showing the <br />boundaries and such other information regarding the areas in <br />question as required by law; and <br />WHEREAS, the Community and Economic Development Committee of the <br />Common Council has reviewed said report and recommended to the <br />Common Council that the areas qualify as Residentially Distressed <br />Areas. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City <br />of South Bend, Indiana, as follows: <br />SECTION I. The Common Council hereby determines and finds that <br />the petition for real property tax abatement and the Statement of <br />Benefits form meet the requirements of Indiana Code 6 -1.1 -12.1 et <br />seq., for tax abatement. <br />SECTION II. The Common Council hereby determines and finds that <br />the area meets one of the following conditions as formally <br />established in Ordinance No. 8845 -97, which was passed on <br />December 8, 1997: <br />A. The Area is comprised of parcels that are either <br />unimproved or contain only one (1) or two (2) family <br />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 <br />and are: <br />I. the subject of an order issued under IC 36 -7 -9; or <br />ii. evidencing significant building deficiencies; <br />C. Parcels of property in the area: <br />I. have been sold and not redeemed under IC 6- 1.1 -24 <br />and IC 6- 1.1 -25; or <br />ii. are owned by a unit of local government; or <br />D. A significant number of dwelling units within the area <br />are not permanently occupied or a significant number of <br />parcels in the area are vacant land; or <br />E. A significant number of dwelling units within the area <br />are: <br />I. the subject of an order issued under IC 36 -7 -9; or <br />ii. evidencing significant building deficiencies; or <br />F. The area has experienced a net loss in the number of <br />dwelling units, as documented by census information, local <br />building and demolition permits, or certificates of <br />occupancy, or the areas are owned by Indiana or the United <br />States; or <br />G. The area (plus any areas previously designated under <br />this subject) will not exceed ten percent (10%) of the total <br />