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REGULAR MEETING JANUARY 26, 2009 <br /> <br /> <br /> <br /> <br />A part of the West half of the Southeast quarter of Section 1, Township 37 <br />North, Range 2 East, Portage Township, City of South Bend, St. Joseph <br />County, Indiana, more particularly described as follows: <br /> <br />Lots D & E of Turnock’s subdivision of a part of Turnock and Mack’s <br />addition to the City of South Bend as recorded in Plat Book 9, Page 82 in <br />the Office of Recorder of said county. <br /> <br />Also including the North 7 feet of a 14 foot wide alley being the first East- <br />West alley lying south of Kalorama Street between Turnock Street and the <br />first North-South alley east of North St. Louis Boulevard. <br /> <br />Subject to rights-of-way, easements, covenants, and restrictions of record. <br /> <br /> <br /> <br />, <br />and this property has Tax Key Numbers 18-5034-1224 and 18-5034-1225be designated <br />as a Residentially Distressed Area under the provisions of Indiana Code 6-1.1-12.1 et <br />seq., and South Bend Municipal Code Sections 2-76 et seq., and; <br /> <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 6-1.1-12.1-2.5; <br />and <br /> <br />WHEREAS, the Council held a public hearing for the purposes of hearing all <br />remonstrance’s and objections from interested persons; and <br /> <br />WHEREAS, the Council has determined that the qualifications for a residentially <br />distressed area have been met. <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of <br />South Bend, Indiana, as follows: <br /> <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 meet the requirements of <br />Indiana Code 6-1.1-12.1 et seq., for tax abatement. <br /> <br />SECTION II. The Common Council hereby determines and finds that the area meets one <br />of the following conditions as formally established in Ordinance No. 9394-03, which was <br />passed on February 10, 2003: <br /> <br />A. The area is comprised of parcels that are either unimproved or contain only <br />one (1) or two (2) family dwellings designed for up to four (4) families, <br />including accessory buildings for those dwellings; or <br />B. Any dwellings in the area are not permanently occupied and are: <br /> i. the subject of an order issued under IC 36-7-9; or <br /> ii. evidencing significant building deficiencies; or <br /> C. Parcels of property in the area: <br /> i. have been sold and not redeemed under IC 6-1.1-24 and IC 6-1.1-25; <br />or <br /> ii. are owned by a unit of local government; or <br />D. A significant number of dwelling units within the area are not permanently <br />occupied or a significant number of parcels in the area are vacant land; or <br />E. A significant number of dwelling units within the area are: <br /> i. the subject of an order issued under IC 36-7-9; or <br /> ii. evidencing significant building deficiencies; or <br />F. The area has experienced a net loss in the number of dwelling units, as <br />documented by census information, local building and demolition permits, <br />or certificates of occupancy, or the areas are owned by Indiana or the United <br />States; or <br /> <br /> 14 <br /> <br />