HomeMy WebLinkAboutCC-07-07-14-02 Pharmakon Tax Abatement - Disallowing SPONSOR(s): Councilor(s)Rider, Sharp
and Snyder
RESOLUTION CC-07-07-14-02
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
CARMEL,INDIANA,1FINDING PHARMAKON LONG TERM CARE
PHARMACY,INC. IS IN SUBSTANTIAL NON-COMPLIANCE
WITH ITS FORM SB-1 COMMITMENTS AND DISALLOWING ITS
PERSONAL PROPERTY TAX ABATEMENT
WHEREAS,Pharmakon Long Term Care Pharmacy, Inc. operates a facility located at
801 Congressional Boulevard, Suite 200A in Carmel, Indiana(the "Facility"); and
WHEREAS,under I. C. 6-1.1-12.1-2.5 and I.C. 6-1.2-12.1-4.5, the Common Council of
the City of Cannel, Indiana(the "Council")may designate an area as an Economic
Revitalization Area("ERA") and determine the duration of the tax abatement period(s) for such
property; and
WHEREAS, in 2008, Pharmakon Long Term Care Pharmacy, Inc. filed an Indiana
Statement of Benefits Personal Property form (the"SB-1 Form") certifying therein the number
of additional employees and their average salaries (the"Commitments") that would be added at
the Facility should it receive a partial personal property tax abatement and install certain new
qualifying information technology, telecommunications, laboratory, research and development
equipment (the "Equipment") in the Facility; and
WHEREAS, in reliance on the Commitments, the Council, through its Resolutions
CC-08-04-08-02 and CC-08-18-08-02 (individually and collectively, the"2008 Resolutions"),
designated the Facility as an ERA and approved a 10-year partial personal property tax
abatement (the "Tax Abatement") for the Equipment; and
WHEREAS, in granting Pharmakon Long Term Care Pharmacy, Inc. the Tax Abatement,
the Council retained the right to reduce the length of and/or end the Tax Abatement should
Pharmakon Long Term Care Pharmacy, Inc. not fulfill its Commitments; and
WHEREAS, I.C. 6-1.1-12.1-5.6(b)requires Pharmakon Long Term Care Pharmacy, Inc.
to provide the Hamilton County Auditor(the"Auditor"), the Clay Township Assessors office
and the Council with information showing the extent to which it has complied with its SB-1
Form Commitments, by annually filing a Compliance with Statement of Benefits Personal
Property form("CF-1 Form"); and
WHEREAS, by the deadline date of May 15, 2012, 2013 and 2014 Pharmakon Long
Term Care Pharmacy, Inc. failed to submit to the Council a CF-1 Form; and
WHEREAS, as a result of this non-compliance, the Tax Abatement previously authorized
and provided to Pharmakon Long Term Care Pharmacy, Inc. should be disallowed immediately
upon passage and approval by the Mayor.
NOW,THEREFORE,BE IT RESOLVED by the Common Council of the City of
Carmel, Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The Tax Abatement previously approved and provided to Pharmakon Long
Term Care Pharmacy, Inc. pursuant to the 2008 Resolutions is hereby DISALLOWED effective
immediately after passage and approval by the Mayor.
Section 3. The Clerk-Treasurer is directed to mail a certified copy of this Resolution to
Pharmakon Long Term Care Pharmacy, Inc.,the Clay Township Assessors office and the County
Auditor.
Section 4. This Resolution shall be effective from and after its passage and approval by
the Mayor.
PASSED by the Common Council of the City of Carmel, Indiana, this 7 day of
2014,by a vote of Le ayes and 75 nays.
M FOR THE CITY OF CARME,dir
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Pr ding Officer / Ke in D. Rider
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W. Eri eidensticker, President Pro Tempore Carol Schl-„,./yr
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nald E. Carter Richard,. Sharp /
Sue Finkam Lu ”nyder
ATTEST:
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Diana L. Cordray, IAMC, Clerk-Tre. rer
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Presented by me to the Mayor of the City of Cannel, Indiana this g day of
C-ty- "At 2014, at tel: I to A .M.
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Diana L. Cordray, IAMC, Clerk-Treas -r
A roved by me, Mayor of the Cit o Carmel Indiana, this 4 day of
P Y � Y Y � � Y
Jft 9 2014, at M.
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I
J s Brainard, Mayor
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ATTEST:
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Diana L. Cordray, IAMC, Clerk-Trea urer
Prepared by: Diana L.Cordray
Clerk-Treasurer
City of Carmel