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REGULAR MEETING SEPTEMBER 9, 2013 <br /> <br /> <br /> <br />This bill had third reading. Councilmember Dr. David Varner made a motion to pass this bill. <br />Councilmember Oliver Davis seconded the motion which carried. The bill passed by a roll call <br />vote of nine (9) ayes. <br /> <br /> <br />RESOLUTIONS <br /> <br />BILL NO. 13-56 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING A PETITION OF THE AREA <br /> BOARD OF ZONING APPEALS FOR THE <br /> PROPERTY LOCATED AT 818 THOMAS <br /> STREET <br /> <br />Councilmember Henry Davis, Jr., made a motion to continue this bill until the September 23, <br />2013 meeting of the Council. Councilmember Schey seconded the motion which carried by a <br />voice vote of nine (9) ayes. <br /> <br /> <br />BILL NO. 13-57 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING A PETITION OF THE AREA <br /> BOARD OF ZONING APPEALS FOR THE <br /> PROPERTY LOCATED AT 1731 S. FRANKLIN <br /> STREET <br /> <br />Councilmember White made a motion to continue this bill until the September 23, 2013 meeting <br />of the Council. Councilmember Henry Davis., Jr., seconded the motion which carried by a voice <br />vote of nine (9) ayes. <br /> <br />RESOLUTION NO. 4278-13 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> MAKIN A FINAL DETERMINATION AND <br /> CONFIRMING A PROPERTY TAX EXCEPTION <br /> OF CERTAIN ENTERPRISE INFORMATION <br /> TECHNOLOGY EQUIPMENT PURSUANT TO <br /> INDIANA CODE 6-1.1-10-44 DATA REALTY <br /> NORTHERN INDIANA LLC PROJECT <br /> LOCATED AT 1440 IGNITION DRIVE IN THE <br /> SIXTH COUNCIL DISTRICT <br /> <br /> <br /> WHEREAS. The Common Council (the “Common Council) of the City of South <br />Bend, Indiana (the “City”), pursuant to Resolution No. 4174-12 adopted by the Common <br />Council on April 24, 2012 (the “Declaratory Resolution”), provisionally declared subject <br />to the completion of the proceedings set forth in Indiana Code 6-1.1-10-44 (the “Act”) and <br />Section III of the Declaratory Resolution that (i) Data Realty Northern Indiana LLC (the <br />“Company”) constitutes an Eligible Business under the Act and the Declaratory Resolution; (ii) <br />certain personal property of the Company will constitute Qualified Property (the “Qualified <br />Property”) under the Act and the Declaratory Resolution; and (iii) the Qualified Property will be <br />exempt from property taxation for an unlimited term provided that the Company continues to <br />qualify for the exemption hereunder and under the Act; and <br /> <br /> WHEREAS, pursuant to the Act and Indiana Code 5-3-1, public notice of the <br />adoption and the substance of the Declaratory Resolution was provided as well as setting forth <br />that a public hearing would be held on August 26, 2013, to receive and hear all remonstrance’s <br />and objections from interested persons; and <br /> <br /> WHEREAS, a copy of the Declaratory Resolution and the public notice <br />referenced above was filed with the office of the St. Joseph County Assessor and with each <br />taxing unit in the County; and <br />8 <br /> <br /> <br />