Chesterton Tribune

Pines Town Council NOTICE OF PUBLIC HEARING

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NOTICE OF PUBLIC HEARING

Be advised that on January 5, 2010, the Pines Town Council passed Resolution No. 2010-01, which Resolution is set forth in this Notice. This Resolution is a declaratory resolution designating an Economic Revitalization Area in the Town of Pines. A public hearing will be held on February 3, 2010 at 6:30 p.m. at the Pines Town Hall, 1519 Delaware, The Pines, Michigan City, Indiana 46360, at which time the Pines Town Council will hear all remonstrances and objections from interested parties concerning the declaratory resolution, after which public hearing it may take final action either confirming, modifying or rescinding the declaratory resolution.

Resolution 2010-01

RESOLUTION OF THE PINES TOWN

COUNCIL OF PORTER COUNTY, INDIANA REGARDING THE DESIGNATION OF AN ECONOMIC REVITALIZATION AREA

WHEREAS, pursuant to Indiana Code 6-1.1-12.1-1, et seq., (the “Act”), the Pines Town Council as the fiscal body of the Town of Pines, Porter County, Indiana and as the designating body identified in the Act (the “Council”) has the right and opportunity to abate the payment of real property taxes for real estate located within an area declared by the Council to be an Economic Revitalization Area and to also abate the payment of personal property taxes within an Economic Revitalization Area; and

WHEREAS, pursuant to the Act, the Council may find that a particular area within the jurisdiction of the town is an Economic Revitalization Area and may, by adoption of a resolution, declare such area to be an Economic Revitalization Area, which resolution must subsequently be confirmed, modified or rescinded by the Council; and

WHEREAS, the designation of the Economic Revitalization Area is subject to the following conditions contained in this Resolution; and

WHEREAS, Quealy Investments, LLC, is the owner of the real estate sought to be declared an Economic Revitalization Area pursuant to this Resolution and has filed a Statement of Benefits, Real Estate Improvements, promising to retain ten (10) jobs and add an additional twenty (20) jobs with additional salaries of $550,000.00; and

WHEREAS, Williams, West and Witt’s Products Co., Inc. d/b/a Integrative Flavors, has filed a Statement of Benefits, Personal Property, promising to retain and add the same jobs as set forth in the preceding paragraph in the event tax abatement is granted for personal property; and

WHEREAS, the Council desires to declare the area whose boundaries are located in an unincorporated area of the town more particularly described in Exhibit “A” (the “Area”) attached hereto and made a part hereof, which Area is also shown on the map attached hereto as Exhibit “B” and made a part here of as an Economic Revitalization Area in which property owners making application to the Council pursuant to the Act, subsequently approved by the Council pursuant to the Act, may receive real property tax abatement and/or personal property tax abatement pursuant to the applicable procedures of the Act.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PINES, PORTER COUNTY, INDIANA AS FOLLOWS:

SECTION 1. The Area is located within the corporate boundaries of the Town of Pines, Porter County, Indiana.

SECTION 2. The Area is hereby declared to be an “Economic Revitalization Area” as defined in the Act.

SECTION 3. There shall be a maximum abatement period of eight (8) years for both real property taxes and personal property taxes within this Economic Revitalization Area.

SECTION 4. The Designation of the Area as an Economic Revitalization Area is also contingent upon Quealy Investments, LLC and Williams, West and Witt’s Products Co., Inc. d/b/a Integrative Flavors, or their successors in interest, retaining and providing additional jobs as promised pursuant to the Statement of Benefits files by the applicants for tax abatement which are relied upon by the Pines Town Council in making this Resolution.

SECTION 5. The Town of Pines, as the designating body, acknowledges that Taxpayer and Williams West & Witt’s Products Co., Inc. (“Operating Entity”), which has also applied for tax abatement under IC 6-1.1-12.1-4.5, are affiliated by common ownership and that Taxpayer leases the real estate designated as an economic revitalization area to Operating Entity. As a condition to the establishment of the economic revitalization area, the Town hereby declares, pursuant to the provisions of IC 6-1.1-12.1-2(i)(6), that all deductions available to Taxpayer and Operating Entity are conditioned upon the exercise of reasonable efforts of Operating Entity to employ residents of the Town during the period of time deductions are available this Resolution pursuant to IC 6-1.1-12.1-3 and 4.5. For purposes of this Resolution, the term “reasonable efforts” requires that Operating Entity shall advertise potential job openings on the Town’s website at least one week prior to its decision to hire. In considering employment applications from persons resident in the Town, preference shall be given to the employment of any such person whose education, skills and capabilities are comparable to those of any other applicant.

Taxpayer shall annually report the results of Operating Entity’s efforts to employ residents of the Town, as part of the information required to be filed annually under IC 6-1.1-12.1-5.1(b). The report shall include: (1) the number of hires made during the previous year, (2) the date of postings of such job applications and the number of applications received for each such posting, (3) the number of Town residents who applied for each such posting, (4) if the job was not filled by a Town resident (in those cases where a Town resident made application for the job), an explanation as to why the Town resident was not hired in favor of the person who was hired. Upon request from the Town, Operating Entity will meet with a representative designated by the Town to discuss any concerns regarding the failure to have employed a resident and will provide such information as may be requested, subject to confidentiality laws relating to employee identifying information and other protected information. Taxpayer and Operating Entity recognize that the failure to substantially comply with this covenant could result in the loss of benefits as provided for in IC 6-1.1-12.1-5.9.

SECTION 6. A public hearing shall be held at the regular meeting of the Town Council, February 3, 2010 at 6:30 p.m. at the Pines Town Hall building located at 1519 Delaware, The Pines, Indiana. There shall be published, pursuant to the Act, notice of the adoption and substance of this Resolution in accordance with Ind. Code 5-3-1 (the “Notice”) one (1) time at least ten (10) days before the date of the public hearing on this matter (the “Public Hearing”), which Notice shall name the date and time of the Public Hearing, that the Council will hear all remonstrance and objections from interested parties at the Public Hearing, that, at the conclusion of the Public Hearing, the Council may take final action on the proposed designation , and that a copy of this Resolution has been filed with and shall be available for inspection in the office of the Assessor of Porter County.

SECTION 7. Pursuant to the Act, the County Auditor shall file a copy of the Notice with each taxing unit that has authority to levy property taxes in the geographic area where the Area is located. Such information shall be filed with the officers of the taxing unit who are authorized to fix budgets, tax rates, and tax levies under Ind. Code 6-1.1-17-5 at least ten (10) days prior to the date of the Public Hearing.

SECTION 8. This Resolution shall be in full force and effect immediately upon its adoption.

ADOPTED AND PASSED this 5th day of January, 2010, by the Pines Town Council, Porter County, Indiana.

PINES TOWN COUNCIL

By: George E. Adey

Vicki Kruzio

ATTEST: Sandra Hall,

Clerk-Treasurer

EXHIBIT A - LEGAL DESCRIPTION:

Parcel 1: Lot 1, EXCEPT the West 58 feet thereof, all of Lots 3, 4, 5, and 6; all of that part of the North _ of the vacated alley lying South of and adjacent to Lot 1, EXCEPT the West 58 feet thereof; the South _ of the vacated alley lying North of and adjacent to Lots 3, 4, 5, and 6; and that portion of the vacated West 20 feet of Kansas Avenue lying Easterly of and adjacent to Lot 6 (said alley and avenue vacated by ordinances recorded December 15, 1978, in Miscellaneous Record 76, pages 34 and 35), all in Block 147 in Frederick H. Bartlett’s Lake Shore Unit No. 2, in the Town of Pines, as per plat thereof, recorded in Miscellaneous Record “S”, page 18 in the Office of the Recorder of Porter County, Indiana.

Parcel 2: Lot 2 in Block No. 146 in Frederick H. Bartlett’s Lake Shore Unit No. 2, in the Town of Pines, as per plat thereof, recorded in Miscellaneous Record “S”, page 18, in the Office of the Recorder of Porter County, Indiana.

Parcel 3: Lot 3 in Block No. 146 in Frederick H. Bartlett’s Lake Shore Unit No. 2, in the Town of Pines, as per plat thereof, recorded in Miscellaneous Record “S”, page 18, in the Office of the Recorder of Porter County, Indiana.

Parcel 4: Lot 7, the vacated Westerly 20 feet of Kansas Avenue lying Easterly of and adjoining said Lot, and the Northerly 8 feet of the vacated alley lying Southerly of and adjoining said Lot, in Block 147 in Frederick H. Bartlett’s Lake Shore Unit No. 2, as per plat thereof, recorded in Miscellaneous Record “S”, page 18, now Plat File 10-A-4, in the Office of the Recorder of Porter County, Indiana.

EXHIBIT B - map, may be viewed at the Pines Town Hall.

PINES TOWN COUNCIL

(January 19, 2010)