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Home My Public Portal About083-1995 - TAX ABATEMENT - BELDEN WIRE & CABLE COMPNAY;MOSEY MAORDINANCE NO. 83-1995 A sSPECIAL ORDINANCE AUTHORIZING- THE APPROVAL OF STATEMENTS OF BENEFITS FOR PROPERTY OWNERS APPLYING FOR DEDUCTIONS UNDER I.C. 6-1.1-12.1 WHEREAS Common Council has designated eight economic revitalization areas within the City of Richmond, and WHEREAS T.C. 6-1.1-12.1 requires the Common Council as the designating entity to approve all Statements of Benefits required to be filed by property owners applying for deductions in assessed valuations for the installation of new manufacturing equipment or for the redevelopment or rehabilitation of real property, and WHEREAS an owner of real property located in an economic revitalization area is entitled to deductions per Statute for a ten year period from the assessed value, and WHEREAS an owner of new manufacturing equipment is entitled to deductions per Statute for a 5 year or 10 year period from the assessed value of new manufacturing equipment, and NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the following property owners meet the requirements for property tax assessed valuation deductions as follows: NEW MANUFACTURING REAL ESTATE - 10 YEARS EQUIPMENT -10 YEARS Belden Wire & Cable Company New Jobs: 7 Jobs Retained: 768 Dated: October 26, 1995 Mosey Manufacturing Company, Inc. New Jobs: 12 Jobs Retained: all Dated: October 11, 1995 Be it further ordained by said Common Council that its President be authorized to sign the above listed Statements of Benefits for the purpose of evidencing said Common Council's approval thereof. Passed and adopted this 6th day of November, 1995, by the Common Council of the City of Richmond, Indiana. `'President (Sarah L. Hutton) ATTES Lti , City Clerk (Norma Carnes) PRESENTED to the Mayor of the City of Richmond, Indiana, this 7th day of November, 1995, at 9;40 a.m. City Clerk (Norma Carnes) ...................... . APPRQVED .by. me, .Roger. Cornett,. Mayor of the . ..of ond, Indiana, this -7th day of November, 1995, at 9:05 a.m. Mayor C*r-Cbrnett) ATTEST: ,City Clerk t(Nrma Carnes) CITY OF RICHMOND DEPARTMENT OF LAW 50 North 5th Street Richmond, Indiana 47374 Phone (317) 983-7220 Fax (317) 966-2255 November 14, 1995 Larry L. Parker, Chairperson Common Council Tax Abatement Committee 117 Chestnut Circle Richmond, IN 47374 Re: Ordinance no. 79-1995 Dear Larry: ROGER CORNETT Mayor THOMAS S. MILLIGAN City Attorney Indiana Code Title 6, Article 1.1 deals with property taxes. Chapter 1, Section 15 thereof states "Real Property means: (1) land located within this state; (2) a building or fixture situated on land located within this state; (3) an appurtenance to land located within this state". This Chapter is entitled "General definitions and rules of construction" but does not define the word retail. Indiana Code Title 6, Article 1.1, Chapter 12.1 deals with deductions for rehabilitation or redevelopment of real property in economic revitalization areas. Section 1 thereof states "(4) Property means a building or structure, but does not include land ... (6)Rehabilitation means the remodeling, repair, or betterment of property in any manner or any enlargement or extension of property". This Section is entitled "Definitions" but does not define the word retail. Websters Ninth New Collegiate Dictionary at page 1006 defines the word retail as the sale of commodities or goods in small quantities to ultimate consumers. Indiana Code Title 6, Article I.1, Chapter 12.1, Section 3(e) states "a deduction for redevelopment or rehabilitation of real property may not be approved for ...(10) Any facility the primary purpose of which is: (A) retail food and beverage service; (B) automobile sales or service; or (C) other retail". I have concluded that it was the intent of the General Assembly to permit deductions for rehabilitation of a building or structure primarily used for providing hotel services and that such services are not within the statutory prohibition against deductions for "other retail". It is my opinion that the first three categories shown on the "Description of real property improvements" attached to the SB-1 form filed July 26, 1995, by DFR Limited Liability Company, namely, "New Holidome, 4th Floor Renovation, and Exterior Renovation" are appropriate for deduction. The last two categories shown, namely, "New Equipment and 500 Sq. Ft. Renovation of Kitchen & Restaurant" are not appropriate for deductions. Sincerely, Thomas S. Milligan City Attorney TSM/mad cc: Shane Clugston, Deputy Auditor Robert L. Bever, DFR Attorney Geneva Allen, Council Tax Abatement Committee member Mary Ellen Donat, Council Tax Abatement Committee member Jan Hibner, Director of Administration Parker.doc 11/14/95 DISPOSITION OF ORDINANCE NO. -49'1� RESOLUTION NO. -19 by Common Council Ordinance No. g 3 Resolution No. , Eistro Lundy Brookbank Donat McBrl a Parke Allen Dickmar Hutton Date-4— Susp. rules Ist read Title only --------------- ed ----- ---- ------ � ---- ----- ---- ---- ................................................................................ ---- --------- Proof of Publicaton ------------------ Seconded ------ ------ -------- ---------- ------ ------ ------ ------ ---------- Move to 2nd read ----------------- Seconded ------ ------ -------- ---------- ------ ------ ------ ------ ---------- Engrossment Seconded r/ ------ Susp rules 3rd read Seconded Passage ✓ f Cam- �✓ ------- --OR- ------ ...................... ------ ------------------------------------ Rejection r � Date Passed COMMITTEE ASSIGNMENTS: Committee Date Commitee Hearing Date Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS: COMMENTS: