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public hearing was held on the resolution at this time. Council Member Kelly <br />eported that the Community and Economic Development Committee had met on this and <br />ecommended it to the Council favorable. Council Member Coleman made a motion to <br />amend this bill by changing Section 8 to Section 9, and add a new Section 8 to read <br />"Pursuant to Indiana Code §6 -1.1- 12.1 -3, the Petitioner must meet all local code <br />standards for habitability as specific conditions of having such properties being <br />designated residentially distressed areas." Michael Urbanski, 12499 Day Road, made <br />the presentation for the resolution. He indicated this would make these homes more <br />affordable for the first five years. Council Member Coleman made a motion to adopt <br />this resolution, seconded by Council member Kelly. The resolution was adopted by a <br />roll call vote of eight ayes. <br />ESOLUTION NO. 2276 -95 A RESOLUTION CORRECTING CERTAIN PROCEDURAL DEFICIENCIES AND <br />RECONFIRMING THE ADOPTION OF THE DECLARATORY RESOLUTION <br />DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND <br />COMMONLY KNOWN AS 2956 WEST LATHROP DRIVE TO BE AN ECONOMIC <br />REVITALIZATION AREA FOR PURPOSES OF A FIVE YEAR PERSONAL <br />PROPERTY TAX ABATEMENT FOR CONCRETE & ASPHALT RECYCLING, <br />INC. <br />WHEREAS, the Common Council of the City of South Bend, Indiana, adopted a <br />Declaratory Resolution, being Resolution Number 1928 -92, designating the area <br />commonly known as 2950 West Lathrop Street and which is more particularly described <br />as follows: <br />Five (5) acres more or less, located in the northwest quarter of the northwest <br />quarter of Section 34, Township 38 North, Range 2 East, which is approximately <br />100 acres, in St. Joseph County, State of Indiana, commonly known as 2950 <br />Lathrop, South Bend, Indiana. <br />th said real estate having the following Key Number: 19- 2109 -4960, as an Economic <br />vitalization Area for the purpose of tax abatement consideration; and <br />WHEREAS, after due publication of notice thereof, the Council held a public <br />ring for the purposes of hearing all remonstrances and objections from interested <br />sons; and <br />WHEREAS, the Council determined that the qualifications for an economic <br />revitalization area were met; and <br />WHEREAS, the Council adopted a resolution confirming the adoption of a <br />Declaratory Resolution, being Resolution Number 1932 -92; and <br />WHEREAS, the taxpayer, Concrete & Asphalt Recycling, Inc., did install new <br />manufacturing equipment known as an Eagle Jumbo 1400 Close Circuit Portable Crushing <br />Machine on March 6, 1992, and due to certain procedure irregularities, tax abatement <br />with respect to such manufacturing equipment was subsequently denied by the Indiana <br />State Board of Tax commissioners; and <br />WHEREAS, Senate Enrolled Act Number 313, which became effective July 1, 1995, <br />horizes the Council to correct various procedural deficiencies and to provide the <br />payer with the intended tax abatement as contemplated by the aforementioned <br />lier resolutions of this Council. <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, <br />Indiana, as follows: <br />SECTION I. The Common Council hereby reconfirms its Declaratory Resolution <br />designating the area described herein as an Economic Revitalization Area for the <br />purposes of tax abatement. Such designation is for personal property tax abatement <br />only, and is limited to two (2) calendar years from March 1, 1992. Specifically, <br />such designation is intended to apply to the Eagle Jumbo 1400 Close Circuit Portable <br />Crushing Machine installed by Concrete & Asphalt Recycling, Inc. on or about March 6, <br />1992. <br />SECTION II. The Common Council hereby determines that the property owner is <br />qualified for and is granted personal property tax deductions for a period of five <br />(5) years, and father determines that the petition complies with Chapter 2, Article <br />6, of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1, et <br />seq. <br />SECTION III. This Resolution shall be in full force and effect from and after <br />its adoption by the Common Council and approval by the mayor, and is intended by <br />benefit the taxpayer, Concrete & Asphalt Recycling, Inc, retroactively. <br />/s/ Eugene Ladewski <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. Edward Benchik, attorney, <br />made the presentation for the resolution. He indicated Council had granted abatement <br />on this crusher machine in 1992, however, the tax abatement was denied at the State <br />level. He indicated this resolution allows the Council reapprove this abatement. <br />Council Member Luecke made a motion to adopt this resolution, seconded by Council <br />Member Coleman. The motion resolution was adopted by a roll call vote of eight ayes. <br />BILLS, FIRST READING <br />BILL NO. 42 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: THE RIGHT -OF -WAY <br />TO BE VACATED IS DESCRIBED AS A PUBLIC WAY LOCATED ON THE CENTERLINE <br />OF THE FIRST VACATED ALLEY WEST OF SOUTH TWYCKENHAM DRIVE FROM THE <br />