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HomeMy Public PortalAbout076-2011 - Tax Abatement Alternative Abatement Deduction ScheduORDINANCE NO. 76-2011 A SPECIAL ORDINANCE ALLOWING AN ALTERNATIVE ABATEMENT DEDUCTION SCHEDULE FOR PROPERTY OWNERS OBTAINING DEDUCTIONS FROM ASSESSED VALUE OF CERTAIN PROPERTY WITHIN AN ECONOMIC REVITALIZATION AREA WHEREAS, pursuant to Indiana Law, I.C. 6-1.1-12.1 et. seq., the Common Council of the City of Richmond, Indiana may find that a particular area within the city is an Economic Revitalization Area which provides as an economic development incentive certain property tax deductions for the redevelopment or rehabilitation of real property or the installation of new manufacturing equipment; and, WHEREAS, the Common Council has previously adopted Resolution No. 10-1984 which designates certain areas in the city as Economic Revitalization Areas and sets forth certain procedures for an owner to obtain certain deductions therein; and WHEREAS, Resolution No. 10-1984 has previously been amended to add other areas as an ERA; making definition changes to the original ordinance; setting forth the time periods in which a deduction is allowed; and establishing other procedures for obtaining deductions (see Resolutions 2-1987; 11-1989, 11- 1991, 3-1996, Ordinances 72-1996, 90-1996, 113-1997, 19-2000, 29- 2006, 31-2007); and WHEREAS, Indiana law has previously allowed the owner of real property and personal property located within an economic revitalization area to request a deduction over a one (1) to ten (10) year period and has previously established the abatement deduction schedules for real property deductions and personal property deductions; and WHEREAS, Abatement deduction schedules for real property and personal property are set forth and outlined by Indiana Law and the Common Council, as the designating body, may approve the number of years any given deduction applicant may take an approved deduction; and WHEREAS, As set forth in the above -referenced Resolutions and Ordinances, Common Council, as the designating body, has previously determined the applicable time period in each Special Ordinance approving a specific Statement of Benefits; and WHEREAS, Effective July 1, 2011, Indiana Code (IC) 6-1.1-12.1-1 et seq. provides a designating body flexibility to approve an alternative abatement deduction schedule on either real estate and/or personal property to a business that is established in, or relocating to an economic revitalization area and receives a deduction; and WHEREAS, For purposes of this Ordinance, an alternative abatement deduction is defined as the deduction amount established by the Common Council, and said deduction amount may be applied annually provided that all requirements of this Ordinance are met; and WHEREAS, For purposes of this Ordinance, an alternative abatement deduction schedule is defined as a deduction amount and time period, not to exceed ten (10) years, established by the Common Council as permitted by Indiana law; and WHEREAS, Common Council desires to establish guidelines in accordance with Indiana Code (IC) 6-1.1-12.1-17 that may permit an alternative abatement deduction schedule for businesses expanding or relocating in economic revitalization areas in Richmond. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Richmond, Indiana, that the Alternative Abatement Deduction Schedule Guidelines are set forth as follows: 1. Richmond Common Council may utilize an alternative abatement deduction schedule of a 75% deduction for 10 years if all of the following requirements are met: a. $3,000,000 minimum investment, and b. A minimum of ten (10) new full-time employees are hired and maintained, and C. Wages paid to new employees must pay 50% above the state minimum wage, and d. Major medical health insurance is provided to all full-time employees, and e. All improvements and new hires must be completed within three years of the date of the signed ordinance approving the Statement of Benefits for a business, and f. Failure to meet any of the requirements outlined in a. through e. above shall require that the alternative abatement deduction schedule revert to the standard ten (10) year abatement deduction schedule outlined in IC 6-1.1-12.1- 4d(10) for real estate improvements and IC 6-1.1-12.1-4.5d(10) for personal property beginning with the number of years remaining for the abatement (for example, if a personal property abatement is in its 61' year, the final four years' deductions would be 400%, 30%, 20% and 10%, respectively). 2. Additionally, if the minimum conditions outlined in #1b., #lc., and #1d. above are met, Richmond Common Council may increase the alternative abatement deduction described above by 5% if the business invests a minimum of $5,000,000 or by ten (10%) percent if the business invests a minimum of $10,000,000,. 3. If the minimum conditions outlined in # 1 a., # 1 c., and # 1 d. are met, the Richmond Common Council may increase the alternative abatement deduction described above by 5% if the business adds a minimum of twenty (20) new employees, or by ten (10%) percent if the business adds a minimum of thirty (30) new employees 4. If the minimum conditions outlined in #Ia., #1b., #1c., and #1d. above are met, the Richmond Common Council may increase the alternative abatement deduction described above by 5% if the business pays at least double the state minimum wage for new employees hired. 5. The percentage increases described in #2, 0, and #4 above are independent of each other. As such, a qualifying applicant could possibly achieve a one hundred (100%) percent deduction. b. A business requesting an alternative abatement deduction schedule shall provided a letter requesting an alternative abatement deduction schedule and shall provide proof of the applicable justification with the standard application materials. PASSED AND ADOPTED this 17th day of January 2012, by the Common Council of the City of Richmond, Indiana. President Philip Mathew Quinn ATTE Karen Chasteen, IAMC, MMC PRESENTED to the Mayor of the City of Richmond, Indiana, this 18th day of January, 2012, at 9:00 a.m. aren Chasteen, L4MC, MMC APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 18th day of January, 2012, at 9:05 a.m. Mayor (/! y (Sarah L. Hutton) ATTE T: Karen Chasteen, IAMC, MMC