HomeMy Public PortalAbout06-2018 - PHOENIX CLOSURES COMMON COUNCIL
CITY OF GREENCASTLE, INDIANA
RESOLUTION NO. 2018 - 6
A RESOLUTION TO WAIVE NONCOMPLIANCE UNDER
RULE 4 OF ARTICLE 10 OF TITLE 50 OF THE INDIANA ADMINISTRATIVE CODE
AS REQUESTED BY PHOENIX CLOSURES, INC.
WHEREAS, Phoenix Closures, Inc. made a substantial investment in new equipment at
their facility located at 2000 South Jackson Street that significantly exceeded their estimated
investment described in their original Statement of Benefits form; and,
WHEREAS, a mezzanine was included in the overall project investment and has been
determined to be personal property rather than real property under the assessment rules of the
State of Indiana; and,
WHEREAS, said company desires to correct errors in their request for an economic
revitalization area deduction, also known as personal property tax abatement/phase-in for this
investment, and,
WHEREAS, Rule 4 of Article 10 of Title 50 of the Indiana Administrative Code (50 IAC
10-4-1(a)(2)) provides a means for the Common Council to correct procedural problems such as
failure to submit a completed Statement of Benefits form prior to the initiation of the
redevelopment of an area for which a company desires to claim an economic revitalization area
deduction; and,
WHEREAS, on June 14, 2018 the Common Council conducted a public hearing as
required by 50 IAC 10-4-1(c), after providing public notice of the hearing.
NOW THEREFORE BE IT RESOLVED that the Common Council of the City of
Greencastle, Indiana, finds that the requirements of Rule 4 have been met and waives
noncompliance with the following:
1. Failure to submit a Statement of Benefits form prior to the initiation of the
redevelopment of an area for which a company desires to claim an economic
revitalization area deduction; and,
2. Failure to submit the completed Statement of Benefits form to the designating body
before the initiation of the redevelopment or rehabilitation or before the installation
of new manufacturing equipment and/or research and development equipment for
which the person desires to claim an economic revitalization area deduction.
BE IT FURTHER RESOLVED that after passage of this resolution, the Common
Council may consider a request for an economic revitalization area deduction increase by
Phoenix Closures, Inc., and, that the Common Council may approve an amended Statement of
Benefits form to provide for such a deduction.
PASSED AND RESOLVED by the Common Council of the City of Greencastle at its
regular meeting this 14th day of June 2018.
1OMMONCOUNCIL OF THE CITY OF GREENCASTLE, INDIANA
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Approved and signed by me this 14th day of June, 2018 atql 3 0 ..m. o'clock.0
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cWilliam A. Dory, r., ayor
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yn a R. Dunbar, Clerk-Treasurer
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