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A public hearing was held on the resolution at this time. Council Member Kelly <br />reported that the Community and Economic Development Committee had met on this bill <br />and recommended it to the Council favorable. Peter Trybula, attorney, made the <br />presentation for the resolution. He indicated this is a companion abatement <br />resolution for equipment to be used at this facility. Council Member Luecke made a <br />motion to adopt this resolution, seconded by Council Member Washington. The <br />resolution was adopted by a roll call vote of eight ayes. <br />RESOLUTION NO. 2296 -95 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND <br />DESIGNATING CERTAIN AREAS WITHIN THE CITY OF SOUTH BEND, <br />INDIANA, COMMONLY KNOWN AS 401 SOUTH MICHIGAN STREET AN <br />ECONOMIC REVITALIZATION AREA FOR PURPOSES OF A SIX (6) YEAR <br />REAL PROPERTY TAX ABATEMENT FOR SOUTH BEND REDEVELOPMENT <br />COMMISSION FOR THE BENEFIT OF WESTERN AVENUE PARTNERS, LLC <br />WHEREAS, a petition for real property tax abatement has been filed with the City <br />Clerk for consideration by the Common Council of the City of South Bend; Indiana <br />requesting that the area commonly known as 401 S. Michigan Street, South Bend, <br />Indiana, and which is more particularly described as follows: <br />A parcel of land being a part of the Southwest Quarter of Section Twelve (12) <br />Township Thirty -seven (37) North, Range Two (2) East, also known as part of Lots <br />Numbered thirteen (13), Fourteen (14), Fifteen (15) and part of Lot Sixteen (16) and <br />the adjacent vacated 14 foot alley in Martin's Addition all in the City of South <br />Bend, Indiana and more particularly described as: Beginning at the Northeast corner <br />of said Lot 13; thence north 89 45'35" West along the South right -of -way line of <br />Western Avenue, a measured distance of 165.05 feet; thence South 0 00'00" East along <br />the West line of said lots 13, 14, 15, and 16, a measured distance of 251.77 feet; <br />thence South 89 52' 37" East, a distance of 165.05 feet to the West right -of -way <br />line of Michigan Street; thence North 0 00100" East (bearing assumed) along said West <br />right -of -way line, also being the East line of said Lots 13, 14, 15 and 16, a <br />distance of 251.48 feet to the place of beginning. <br />and which has Key Number 18 3016 0593 through 18 3016 0597 be designated as an <br />Economic Revitalization Area under the provisions of Indiana Code 6 -1.1- 12.1 -1 et. <br />seq. and South Bend Municipal Code Sections 2 -76 Et Seq. <br />Whereas, the Department of Economic Development has concluded an investigation <br />and prepared a report with information sufficient for the Common Council to determine <br />that the area qualifies as an Economic Revitalization Area under Indiana Code 6 -1.1- <br />12.1-1, et seq., and South Bend Municipal Code Sections 2 -76, et seq., and has <br />further prepared maps and plats showing the boundaries and such other information <br />regarding the area in question as required by law; and <br />Whereas, the Human Resources and Economic Development Committee of the Common <br />Council has reviewed said report and recommended to the Common Council that the area <br />qualifies as an Economic Revitalization Area. <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 determines and finds that the Petition for Real <br />Property Tax Abatement and the Statement of Benefits form completed by the Petitioner <br />meet the requirements of Indiana Code 6 -1.1- 12.1 -1 et seq., and qualifies under the <br />relevant provisions of South Bend Municipal Code Sections 2 -76 et seq., for tax <br />abatement. <br />SECTION II. The Common Council hereby determines and finds the following: <br />A. That the description of the proposed redevelopment or rehabilitation meets <br />the applicable standards for such development. <br />B. That the estimate of the value of the redevelopment or rehabilitation is <br />reasonable for projects of this nature; <br />C: That the estimate of the number of individuals who will be employed or whose <br />employment will be retained by the Petitioner can reasonably be expected to <br />result from the proposed described redevelopment or rehabilitation; <br />E. That the other benefits about which information was requested are benefits <br />that can be reasonably expected to result from the proposed described <br />redevelopment or rehabilitation; and <br />F. That the totality of benefits is sufficient to justify the requested <br />deduction, all of which satisfy the requirements of Indiana Code 6 -1.1- 12.1 -3. <br />SECTION III. The Common Council hereby determines and finds that the proposed <br />described redevelopment or rehabilitation can be reasonably expected to yield <br />benefits identified in the Statement of Benefits set forth as Sections I through II <br />of the Petition for Real Property Tax Abatement Consideration and that the Statement <br />of Benefits form prescribed by the State Board of Accounts are sufficient to justify <br />the deduction granted under Indiana Code 6 -1.1- 12.1 -3. <br />SECTION IV. The Common Council hereby accepts the report and recommendation of the <br />Human Resources and Economic Development Committee that the area herein described be <br />designated an Economic Revitalization Area and hereby adopts a Resolution designating <br />this area as an Economic Revitalization Area for purposes of real property tax <br />abatement. <br />SECTION V. The designation as an Economic Revitalization Area shall be limited to <br />two (2) calendar years from the date of the adoption of this Resolution by the Common <br />