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
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