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20 - Resolution Authorizing Participation in Tax Abatements and approving Guidelines and Criteria
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01/22/18
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20 - Resolution Authorizing Participation in Tax Abatements and approving Guidelines and Criteria
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(Updated g1_08_18) <br />POLICY STATEMENT <br />CRITERIA AND GUIDELINES FOR TAX ABATEMENT <br />V <br />Jurisdictions will have access to the reinvestment: zone during the term of the agreement to inspect <br />the authorized facility to determine if the terms and conditions of the agreement are being net. All <br />inspections will be made only after the giving of at least twenty-four (24) hours' prior notice <br />and will only be conducted in such a manner as to not unreasonably Interfere with the <br />construction and/or operation of the authorized facility. All inspections will be Invade with one or <br />more representatives of the company or individual and in accordance with its safety standards. <br />Upon completion of construction, the Taxing Jurisdictions shall annually evaluate each authorized <br />facility receiving abatement to ensure compliance with the agreement and report possible <br />_ IT <br />violations of the agreement to the _f.axr.n Jurisdictiolls l;overnin_bodies. <br />modifications <br />At any time before the expiration of an agreement made under these Policies, Criteria and <br />of agreement <br />Guidelines. the agreement may be modified by the parties to the agreement to include other <br />provisions that could have been included in the original agreement or to delete provisions that. <br />were contained in the original agreement. Tile modification must be made by the same procedure <br />by which the original agreement was approved and executed. The original agreement, however, <br />may not be modified to extend the term of the agreement or the terns of the abatement granted <br />therein beyond the time permitted by State law, <br />Assignment <br />All agreement may be assigned to a new owner or lessee of the authorized facility only with the <br />prior written consent of the, Taxing Jurisdictions. Any assignment shall provide that the assignee <br />shall irrevocably and unconditionally assume all the duties and obligations of the assignor upon the <br />same tertris and conditions as set out in the agreement, and the Taxing Jurisdictions' approval shall <br />be ;subject to the determination of the financial capability of such assignee. Any assignment of an <br />agreement shall be to an entity that contemplates the same improvements or repairs to the property, <br />except to the extent such improvements or repairs have been completed. No assignment shall be <br />approved of the assignor or the assignee is indebted to the Taxing Jurisdictions for ad valorem <br />_._. _ <br />taxes or other obligations, or if any event of default under the agreement remains uncured. <br />_ <br />Adininistra-non <br />_ _._...._. <br />1. Each Tax,in, Jurisdiction shall responsible for the administration, review, and nionitoring of <br />g p <br />Contract <br />tax abatement agreements authorized by theni Taxing Jurisdictions under these Policies, <br />Review, <br />Criteria and Guidelines. These responsibilities shall include annually verifying participants in <br />Monitoring and <br />tax abatement agreements are in full compliance with the terms of the agreement, including <br />Deporting <br />completion and submission ofall required documents in a timely manner. <br />2. The Maris City Attorney Shall expeditiously advise the Taxing Jurisdictions In writing of any <br />instances of contract non-compliance by tax abatement participants. In addition, the Paris City <br />Attorney Shall, on an annual basis, conduct a performance review of the activities of each tax <br />abatement participant and report the findings of such review to the leadership and goveriung <br />bodies of each taxing entity. <br />3. The Taxing Jurisdictions' governing bodies shall retain the right to independently review and <br />audit the activities of tax abatement participants, and shall be responsible for enforcement of <br />the terms of any tax abatement agreement authorized hereunder. <br />4. Annually the Paris City Attorney shall report to each of the governing bodies on its <br />monitoring and compliance activities and the status of all existing abatement agreements. <br />V <br />
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