10-11-10 Council Agenda & Packet

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(b) The petitioner and /or its representatives shall be required to attend all such committee meetings where such information is to be reviewed. The petitioner shall present verbal and written evidence as to why it believes it should be granted the tax abatement sought, (c) At the Committee meeting, the Committee shall specifically consider, among other information provided by the petition, the commitment made to minority employment by the petitioner during the past five (5) years and during the first five (5) years of tax abatement. (d) Following questioning and review, the Committee shall take action on the request and shall submit its recommendation to the Council as to whether the property qualifies as an Economic Revitalization Area under the terms of this article and IC 6 -1.1- 12.1 -let seq. Sec. 2- 84,12. Confirmatory resolution. (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 Council. The petitioner and /or its representative shall be present and shall be required to present evidence why it believes the tax abatement requested should be granted, at which time the Council shall receive and hear all remonstrances and objections from interested persons pertaining to the petition. At the public hearing, the Council shall determine whether the petition complies with this article and with IC 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. The determination of Council is final except that an appeal may be taken and heard as provided by IC 6 -1.1- 12.1- 2.5(d) and (e). (b) The Council must make a determination as to whether the deductions shall be allowed and made specific findings pursuant to IC 6- 1.1- 12.1 -3 when considering real property tax abatement requests to be located in economic revitalization areas. The Council must further comply with IC 6- 1.1- 12.1 -4.5 and make specific finding thereto when considering personal property tax abatement requests. In the case of real property tax abatement requests to be located in residentially distressed areas the Council must make a determination as to whether deductions shall be allowed and make specific findings pursuant to IC =56 -1.1- 12.1 -2 and IC 6- 1.1- 12.1 -3. (c) In declaring an area an Economic Revitalization Area, 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 IC 6 -1.1- 12.1 -3, IC 6- 1.1- 12.1 -4.1., IC 6 -1.1- 12.1 -4.5 or the deduction allowed under IC 6- 1.1- 12.1 -4.58; 27