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9 7 <br />e)4 <br />with said real estate having the following Key No. 23 1013 0758, as an Economic <br />Revitalization Area; and <br />WHEREAS, notice of the adoption of a Declaratory Resolution and the public <br />hearing before the Council has been published pursuant to Indiana Code <br />6- 1.1- 12- .1 -2.5; and <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrances and objections from interested persons; and <br />WHEREAS, the Council has determined that the qualifications for an economic <br />revitalization area have been met. <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 confirms 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 the date of adoption of the <br />Declaratory Resolution by the Common Council. <br />Section II. The Common Council hereby determines that the property owner is <br />qualified for and is granted real property tax deduction for a period of five (5) <br />years, and further determines that the petition complies with Chapter 2, Article 6, <br />of the Municipal Code of the City of South Bend and Indiana Code 6 -1.1 -12.1 et 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. <br />/S/ Stephen Luecke <br />Member of the Common Council <br />A public hearing was held on the resolution at this time. Charlene Claywell, <br />controller, made the presentation for the resolutions. She indicated Toro had <br />considered closing the South Bend plant, due to declining production, however, they <br />decided to stay in South Bend. She indicated they closed a southern plant and their <br />production will be transferred to South Bend. Council Member Coleman made a motion <br />to adopt Resolution No. 92 -35, as amended, seconded by Council Member Slavinskas. <br />The resolution was adopted by a roll call vote of nine ayes. Council Member <br />Zakrzewski made a motion to adopt Resolution No. 92 -36, as amended, seconded by <br />Council Member Washington. The resolution was adopted by a roll call vote of nine <br />ayes. <br />RESOLUTION NO. 1945 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH <br />BEND, INDIANA, APPROVING A PETITION OF THE SOUTH BEND BOARD <br />OF ZONING APPEALS ON A SPECIAL EXCEPTION FOR RECREATIONAL <br />USE ON COMMERCIAL PROPERTY LOCATED AT 1341 DUNHAM. <br />WHEREAS, Indiana Code, 36 -7 -4 -918.6 requires the Common Council to give notice <br />pursuant to Indiana Code, 5- 14 -1.5 -5 of its intention to consider Petitions from the <br />Board of Zoning Appeals for approval or disapproval: and <br />WHEREAS, the Common Council has a period of thirty (30) days after the Board of <br />Zoning Appeals makes its recommendation to the Council, in which to take formal <br />action; and <br />WHEREAS, if it approves a Petition, the Common Council, must make the <br />determination in writing as required by Indiana Code, 36 -7 -4- 918.4; and <br />WHEREAS, the South Bend Board of Zoning Appeals has recommended favorably that <br />it grant an exception to allow for a surface parking lot. This property is zoned <br />"A" Residential, "A" Height and 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 has provided notice of the hearing on the <br />Petition from the Board of Zoning Appeals pursuant to Indiana Code, 5- 14- 1.5 -5. <br />Section II. Following presentation by the Petitioner and proper public <br />hearing, the Common Council hereby approves the Petition of the South Bend Board of <br />Zoning Appeals, Appeal No. 3648, a copy of which is attached hereto and incorporated <br />