HomeMy WebLinkAbout2005-R-04RESOLUTION
A RESOLUTION approving a Late-Filed Application for
the Economic Revitalization Area Deduction on New
Manufacturing Equipment (Form 322 ERAJPPME) for
Brinly-Hardy Company, Inc.
WHEREAS, Common Council has previously designated ant declared by
Resolution proper~y at 3230 Industrial Parkway, Jeffersonville. Indiana 47130 for Brinly-Hardy
Company, thC.(98-R-7) under Section I.C. 6-1.1-12.1 which granted ten year abatement on
both real and 3ersona] properly P, eal Estate improvement estimates of $400.000 and
Machinery cost estimates of $1.560.000 with associated additional employees of 130 with
corresponding salaries of $4.300.000; and
WHEREAS, representatives of Brinly-Hardy Company, 3c. have informed the City of
Jeffersonville that their application for deduction from assessed valuation on new
manufacturing equipment in economic revitalization areas (322 ERA/PPME) for the 2002 pay
2003 tax year. for the 2003 pay 2004 tax year, and for the 2004 pay 2005 tax year were not
flied in a timely manner;
WHEREAS, the Indiana Department of Local Government Finance shall review an(3
verify the correctness of each application for deduction from assesseo valuation on new
manufacturing equipment in economic revitalization areas (322 ERA/PPME), uncer Indiana
Administrative Code (50 lAC 10-3-2(e)); and
WHEREAS, the Indiana Department of Local Government Finance has the discretion
to consider late-filed applications for deduction from assessed valuation on new
manufacturing equipment in economic revitalization areas (322 EP, A/PPME), uncer Indiana
Administrative Code (50 lAC 10-4-2(a)); and
WHEREAS, in exercising its discretion the Indiana Department of Local Government
Finance. under Indiana Administrative Code (50 lAC 10-4-2(b)(5)). shall consider the totality
of the facts and cimumstances in determining whether to approve a late-filed application for
deduction from assessed valuation on new manufacturing equipment in economic
revitalization areas (322 ERAJPPME). Such consideration may be based on one or more of
the following factors:
(1) Whether the failure to timely file the deduct[on application resulted
from an act of God. or from me death or serious illness of the person
principally responsible for the filing of the deduction application.
(2) Whether the approval of the late-filed deduction application would
result in the loss of property tax revenues to the taxing units affected by the
deduction.
(3) Whether a public official gave misleading information to the taxpayer
that was the proximate cause of the late-filing, and whether it was
responsible for the taxpayer to rely on that misleading information.
(4) Whether the lapse between the filing oeadline and the date on which
the deduction application was actually filed would have prevented local
officials from accurately determining the assessed value for budge[, rate
and levy purposes.
(5) Whether there is substantial evidence that local officials support the
approval of the late-filed application, even if such approval would result in a
loss in tax revenues
(6) Whether the late-filing was not due to the taxpayer's neg igence.
(7) Any other factor that the state board considers relevant.
WHEREAS, Common Council encourages and promotes economic development
through tax abatement and continues to assist companies including Brinly-Hardy Company,
Inc. and
WHEREAS, Common Council understands that by supporting these late-filed
applications for deduction from assessed valuation on new manufacturing equipment in
economic revitalization areas (322 ERAJPPME), a loss in tax revenue may result; and
WHEREAS, Brinly-Hardy Company Inc. requests Common Council's support of its
late-filed applications for deduction from assessed valuation on new manufacturing
equipment in economic revitalization areas (322 ERA/PPME); eno
NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF JEFFERSONVILLE, INDIANA:
SECTION 1. That, Common Council has rewewed the matter and hereby
authorizes the Indiana Department of Local Government Finance to consider BrinIy-Hardy
Company. Inc. applications for deduction from assessed valuation on new manufacturing
eqmpmem in economic revitalization areas (322 EP, A/PPME) for the 2002 pay 2003.2003
pay 2004. and 2004 pay 2005 tax years.
SECTION 2. That. this Resolution shall be in full force and effect from eno after
its 3assage and any ant all necessary approval by the Mayor.
Officer
p~-gg¥ VCil~lerk Treasurer
Presented by me as Clerk Treasurer to the Mayor of the City of Jcffersonville. Indiana, this 24~ day of
January 2005.
Approved and signed by me this 24TM day of January, 2005
Robert L. Waiz