§ 30.36 DATA CENTER INCENTIVE TO PROMOTE INVESTMENT AND JOB GROWTH.
   There is established the County Data Center Personal Property Tax Exemption (DCTE) incentive program.
   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ELIGIBLE ENTITY. An entity that meets the following requirements:
         (a)   The entity is engaged in a business that operates one or more facilities dedicated to computing, networking or data storage activities;
         (b)   The entity is located in a facility or data center in the state;
         (c)   The entity invests in the aggregate at least $10,000,000 in real and personal property in the state after June 30, 2009; and
         (d)   The average employee wage of the entity is at least 125% of the county average wage for each county in which the entity conducts business operations.
      ENTERPRISE INFORMATION TECHNOLOGY EQUIPMENT. The following:
         (a)   Hardware supporting computing, networking or data storage function, including servers and routers;
         (b)   Networking systems having an industry designation as equipment within the “enterprise” or “data center” class of networking systems that support the computing, networking or data storage functions;
         (c)   Generators and other equipment used to ensure an uninterrupted power supply to equipment described in divisions (a) or (b) above; and
         (d)   The term does not include computer hardware designed for single user, workstation or departmental level use.
      QUALIFIED PROPERTY. Enterprise information technology equipment purchased after June 30, 2009.
   (B)   The County DCTE shall provide an exemption from property taxes on personal property for an eligible entity’s qualified property. After the adoption of a declaratory resolution to provide an exemption, the Council shall conduct a hearing and provide notice as required under I.C. 6-1.1-10-44(g), and may adopt a final resolution providing that qualified property owned by a particular eligible business is exempt from property taxation. The second and final resolution may modify, confirm or rescind the declaratory resolution.
   (C)   The property tax exemption applies to the qualified property only if the Council and the eligible business enter into an agreement concerning the property tax exemption.
      (1)   The agreement must specify the duration of the property tax exemption.
      (2)   The agreement may specify that if the ownership of qualified property is transferred by an eligible business, the transferee is entitled to the property tax exemption on the same terms as the transferor.
      (3)   If the Council adopts a final resolution and enters into an agreement with an eligible business, the qualified property owned by the eligible business is exempt from property taxation as provided in the resolution and the agreement.
(Ord. 1-2-20.8, passed 2-7-2011)