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08-A Historic Tax Abate Ord.wpd
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08-A Historic Tax Abate Ord.wpd
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11/17/2005 11:15:10 AM
Creation date
11/5/2004 11:07:11 AM
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AGENDA
Item Number
08-A Historic Tax Ab
AGENDA - Type
ORDINANCE
Description
Historic Tax Abatement Ord
AGENDA - Date
11/8/2004
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whether or not tax relief is necessary to encourage the property’s preservation. As part of <br />such review process, the Historic Preservation Commission shall conduct a pubic hearing <br />soliciting input from the general public, in accordance with its established procedure for <br />such hearings, related to the issue of whether or not a tax abatement should be granted for <br />the property. Following completion of its review, and making the necessary findings, the <br />Historic Preservation Commission shall forward the minutes of its proceeding, its stated <br />findings, and a recommendation with regard to said proposed tax abatement to the City <br />Manager. Upon receipt of such material from the Historic Preservation Commission, the <br />City Manager shall, within a reasonable time, place the matter upon a City Council agenda <br />for determination of eligibility. <br />(b) In determining eligibility, the City Council shall first determine that all the requirements <br />of this Ordinance have been met and that only the historically significant site and the land <br />reasonably necessary for access to, and use thereof, is to be provided favorable tax relief as <br />provided in this Ordinance. The City Council shall also review the findings and <br />recommendations of the Historic Preservation Commission as to whether or not the <br />property and the property owner are in need of tax relief to encourage the property’s <br />preservation. If eligibility is determined, the City Council shall authorize the City Manager <br />to enter into a tax abatement agreement and to execute a tax exemption certificate upon <br />verification of completion of repair or renovation. If required by the Lamar County <br />Appraisal District, the City Manager or designee shall provide annually a list of sites eligible <br />for tax exemption under this Article. <br />Sec. 30-53. Verification process. <br />Upon completion of the repair or rehabilitation, the certified applicant shall submit to <br />the City Manager, or his designee, a sworn statement of completion acknowledging that the <br />site has been substantially repaired or rehabilitated in accordance with the plan approved in <br />accordance with this Article. Applicant must also present documentation verifying that the <br />cost of repair or rehabilitation meets or exceeds the amounts established in Section 30-50 <br />(c) of this Article. The City Manager, or his designee, and the Historic Preservation <br />Commission, upon receipt of the sworn statement of completion, but no later than thirty <br />(30) days thereafter, shall make an investigation of the property and shall approve or <br />disapprove that the property has been completed as required for certification. If the repair <br />or renovation deviates in any way from the plans approved by the Historic Preservation <br />Commission or the City’s Code Officials, verification of completion shall be deemed <br />unfavorable, and the applicant shall be required to complete or correct the repair or <br />rehabilitation in order to obtain the tax abatement provided by this Article, or appeal the <br />City Manager’s or Historical Preservation Commission’s decision to the City Council. <br />When the verification of completion receives a favorable review by the Historic Preservation <br />Commission, the Commission shall notify the City Manager in writing of compliance. <br />Thereafter, if the City Manager is likewise satisfied, the City Manager shall execute a tax <br />exemption certificate and forward same to the Lamar County Appraisal District. <br />-5- <br /> <br />
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