08-A Historic Tax Abate Ord.wpd - Laserfiche WebLink

Home Browse Search

Sec. 30-54. Property appearance guidelines. Properties that receive tax abatement in accordance with this Ordinance shall maintain said property in accordance with the requirements of the Historic Preservation Ordinance and all applicable City codes. Sec. 30-55. Alternation or destruction of property; recapture of taxes for non- compliance. During the abatement period, if the City Manager or his designee, or the Historic Preservation Commission, has reason to believe that a structure receiving tax abatement pursuant to this Article has been altered or totally or partially destroyed by the willful act or negligence of the owner or his/her representative, the City Manager or his designee shall immediately cause the matter to be scheduled for consideration by the City Council. If, after giving notice and hearing to the owner, the City Council determines that the structure receiving tax abatement pursuant to this Article has been totally or partially destroyed or altered by the willful act or negligence of the owner or his representative, then the tax abatement agreement shall terminate, all abatement of taxes shall likewise terminate, and the owner shall immediately repay to the City and all other local taxing entities all of the tax revenues that were not paid because of the abatement plus interest calculated at an annual rate of seven percent (7%). This provision shall not apply to destruction or alterations that result from acts of God. If the tax exemption certificate executed by the City Manager is timely recorded by the owner of the site in the Deed Records of Lamar county with the approved application, the tax abatement authorized above shall constitute a covenant running with the land for the seven (7) year period provided in this Article. Should the owner of the site ever cease to comply with the terms of the application and of this Article during such seven (7) year period, the abatement may be revoked for the years remaining within such seven (7) year period, upon the finding of such non- compliance by the City Council, after giving notice and hearing to the owner. The City Manager or his designee shall advise the Chief Appraiser of the Lamar County Appraisal District of the revocation of the abatement and shall file an appropriate document in the Deed Records of Lamar County revoking the tax abatement. In the event that any affected jurisdiction having granted tax abatement determines that the applicant or owner is in default of any of the terms or conditions contained in the tax abatement agreement, then the affected jurisdiction shall give the applicant or owner (60) days written notice to cure such default. In the event such default is not cured to the satisfaction of the affected jurisdiction within the sixty (60) day notice period, then the tax abatement agreement shall terminate, all abatement of taxes shall likewise terminate, and the owner shall immediately repay to the City and all other local taxing entities all of the tax revenues that were not paid because of the exemption plus interest calculated at an annual rate of seven percent (7%). -6-