(A) Following the legal publication and on the date published in the legal notice, a public hearing on the confirmatory resolution shall be held by the County Council. The petitioner, and/or his or her representative, shall be present and shall be required to present evidence why he or she believes the tax abatement requested should be granted.
(1) At which time, the County Council shall receive and hear all remonstrances and objections from interested persons pertaining to the petition At the public hearing, the County Council shall determine whether the petition complies with this subchapter and with I.C. 6-1.1-12.1 et seq., and shall consider all pertinent requirements for Economic Revitalization Areas prior to taking final action determining whether the petition meets qualifications for an Economic Revitalization Area and confirming, modifying and confirming, or rescinding the declaratory resolution.
(2) The determination of the County Council is final except that an appeal may be taken and heard as provided by I.C. 6-1.1-12.1-2.5(d) and (e).
(B) (1) The County Council must make a determination as to whether the deductions shall be allowed, and make specific findings pursuant to I.C. 6-1.1-12.1-3.
(2) The County Council must further comply with I.C. 6-1.1-12.1-4.5, and make specific finding thereto when considering personal property tax abatement requests.
(C) In declaring an area an Economic Revitalization Area (ERA), the designating body may:
(1) Limit the time period to a certain number of calendar years during which the area shall be so designated;
(2) Limit the type of deductions that will be allowed within the Economic Revitalization Area to either the deduction allowed under I.C. 6-1.1-12.1-3, or the deduction allowed under I.C. 6-1.1-12.1-4.5;
(3) Limit the dollar amount of the deduction that will be allowed with respect to new manufacturing equipment if a deduction had not been filed before July 1, 1987 for that equipment;
(4) Limit the dollar amount of the deduction that will be allowed with respect to redevelopment and rehabilitation occurring in areas that are designated as Economic Revitalization Areas on, or after, September 1, 1988; or
(5) Impose reasonable conditions related to the purpose of state law, or the general standards adopted herein for allowing the deduction for the redevelopment or rehabilitation of the property, or the installation of new manufacturing equipment.
(D) To exercise one or more of the described powers in divisions (C)(1) through (C)(5) above, the County Council must include this fact in the resolutions adopted.
(Council Ord. 97-37, passed 10-7-1997)