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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