The following procedure is established for the designation of economic revitalization areas for purposes of tangible personal property tax abatement:
(A) Applications for designation of economic revitalization for tangible personal property tax abatement may be initiated by the owner or owners of new manufacturing equipment which is installed during the period beginning March 1, 1983 and ending December 31, 1995.
(B) All requests shall be filed with the Department of Community Development, shall be in writing and signed by the applicant and shall contain all applicable information required by the application form, made a part hereof by reference, and shall be supported by payment of the fees hereinafter fixed.
(C) Upon receipt on an application for designation of an economic revitalization area for tangible personal property tax abatement the Department of Community Development Administrator and Tax Abatement Committee, which shall consist of President of the Common Council, Clerk-Treasurer, and the Mayor or Mayoral Appointee, shall review the application and the proposed rehabilitation or redevelopment project with regard to:
(1) Compliance with statutory criteria.
(2) Furtherance of city developmental objectives.
(3) Creation of or the retention of employment opportunities.
(4) Expansion of property tax base.
(5) Efficient utilization and conservation of energy.
(6) Stabilization of property values.
(7) Conformity with sound planning principles.
(8) Financial impact of projected tangible personal property tax abatement and the cost of providing city services and facilities for the project.
(D) Where appropriate, the Department of Community Development may forward copies of the application for the designation of an economic revitalization area for tangible personal property tax abatement to any city department, agency, or utility which would be or might be affected by the proposed rehabilitation or redevelopment project for review as to its impact on their respective responsibilities.
(E) The Common Council may consider a preliminary declaratory resolution designating the requested urban development area for new manufacturing equipment tax abatement and fixing the duration of such designation for a term not to exceed five years, at its first regular or special meeting next following the filing of the application, and upon the adoption of such resolution the Council shall fix the date, time, and place when it will consider a final declaratory resolution with respects to the area.
(F) After adoption of the preliminary declaratory resolution the Department of Community Development shall cause a notice of such adoption and the purpose thereof, and of the fact that maps and plats have been prepared and can be inspected at the office of the department, to be published in at least two daily newspapers published and of general circulation in the city, once each week for two consecutive weeks, and which notice shall state the date of such publication, on which the Council will receive and hear remonstrances and objections from persons interested in or affected by the proceeding pertaining to the installation of new manufacturing equipment.
(G) (1) On the date and at the time and place theretofore fixed and as stated in the notice, the Council shall receive and hear remonstrances and objections to the resolution, and it shall also receive and consider the reports and recommendations of the departments, agencies, and utilities of the city to which the application may have been referred, together with the additional evidence and arguments, if any, of the applicant, with respect to the application.
(2) In its deliberations the Council shall give consideration to all those factors with respect to which departments, agencies, and utilities of the city have made reports and recommendations. The hearing may be adjourned from time to time. At the conclusion of the hearing, if the Council approves the application, it shall adopt a final declaratory resolution. If the Council disapproves the application it shall rescind the preliminary declaratory resolution. Such action shall be duly recorded, and shall be binding and conclusive on all persons, except that any person who has filed a written remonstrance and is aggrieved by such decision may, within ten days, appeal to the County Circuit Court, as hereinafter provided.
(H) Any applicant, and any other person who has filed a written remonstrance to such application, who is aggrieved by the final action taken by Council, may, within ten days after such final action, file in the office of the Clerk of the County Circuit Court, a copy of the application, all written remonstrances thereto, the order of the Council, and his appeal therefrom, together with his bond conditioned to pay the costs of the appeal should the appeal be determined within the limitations and restrictions imposed by IC 6-1.1-12.1-2.5 (d) and (e); provided, however, that in all appeals the burden of proof shall be upon the appellant.
(I) After adoption of a final declaratory resolution by the Common Council, the property owner may file a certified deduction application form with the County Auditor and the State Board of Tax Commissioners as by law provided.
(Ord. 2422, passed 6-6-83; Am. Ord. 3009, passed 12-2-91; Am. Ord. 3080, passed 11-2-92; Am. Ord. 3209, passed 1-24-94)