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RESOLUTION NO.2003-29
TERMINATE ECONOMIC REVITALIZATION AREA DESIGNATION AND APPROVAL FOR TEN (10) YEAR REAL PROPERTY TAX ABATEMENT
Pan Am International Flight Academy-Gateway Drive
WHEREAS, I.C. 6-1.1-12.1 allows a partial abatement of property taxes over a ten (10) year period, attributable to real-property in Economic Revitalization Areas; and
WHEREAS, pursuant to I.C. 6.1-12.1 Pan Am International Flight Academy (hereinafter "applicant") filed a designation application requesting that the subject real estate located at a 4.33 acre site on Gateway Drive be designated an Economic Revitalization Area for the purposes of achieving property tax savings in connection with the construction of an office building (hereinafter "project"); and
WHEREAS, on Monday, February 28, 2000, the Plainfield Town Council (hereinafter "Council") adopted Declaratory Economic Revitalization Area Resolution No. 2000-4, preliminary designating the subject real estate as an Economic Revitalization Area; and
WHEREAS, on Monday, March 13, 2000, after conducting a public hearing, the Council adopted a Final Economic Development Area Resolution No. 2000-7 (attached to this Resolution are incorporated by reference and hereinafter referred to as the "Resolution"), designating the subject real estate as an Economic Revitalization Area for the purpose of receiving a ten (10) year real property tax abatement; and
WHEREAS, in the project description and Statement of Benefits Form, the applicant proposed construction of a 40,000 square foot aviation training academy at an estimated cost of $4.0 million and creation of twenty-three (23) jobs at an average annual salary of $45,000. As a result of the project and in consideration thereof, the Council approved the Resolution and the applicant accepted the terms and conditions of the Resolution by accepting the benefits thereof; and
WHEREAS, the Town of Plainfield, through the office of Town Manager has conducted a site visit and determined that the flight training academy has not been constructed; and
WHEREAS, the Council believes that the applicant's decision not to construct a 40,000 square foot office building shows intent to no longer fulfill the project description and Statement of Benefits contained in Final Economic Revitalization Area Resolution No. 2000-7; and
WHEREAS, failure to construct a 40,000 square foot office building has caused the applicant to be in non-compliance with construction cost estimates committed to in Final Economic Revitalization Area Resolution No. 2000-7; and
WHEREAS, on Monday, August 25, 2003, the Council made an initial determination that the applicant has not substantially complied with State of Benefits dated February 16, 2000 and such failure was not caused by acts beyond control of the applicant; and
WHEREAS, on Monday, March 13, 2000, a public hearing was held by the Council to consider evidence and testimony from persons interested in whether Economic Revitalization Area designation for the subject real estate should be terminated.
NOW, THEREFORE, IT IS RESOLVED:
1. The Council now confirms, adopts and approves its preliminary determination of Monday, February 28, 2000, and hereby determines that the applicant has failed to comply with Statement of Benefits and that such failure was not caused by acts beyond the control of the applicant and that the applicant has not made reasonable efforts to substantially comply with the Statement of Benefits.
2. The Council determines that the Economic Revitalization Area designation for the subject real estate shall be terminated upon adoption of this resolution.
3. A copy of this resolution shall be filed with the Hendricks County Assessor and Hendricks County Auditor.
ADOPTED, this _______ day of _________________________, 2003, by the Town Council of the Town of Plainfield, Indiana.
TOWN COUNCIL, TOWN OF PLAINFIELD
HENDRICKS COUNTY, INDIANA:
Robin G. Brandgard
Robert M. Ward
Kent McPhail
Dan P. Young
Bill Kirchoff
ATTESTED BY:
Juliana M. Mitchell, Clerk-Treasurer
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