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04&-05-A Historic Tax Exemption
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04&-05-A Historic Tax Exemption
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Last modified
11/17/2005 11:15:10 AM
Creation date
11/12/2004 12:27:24 PM
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Template:
AGENDA
Item Number
04&05-A
AGENDA - Type
ORDINANCE
Description
Tax Exemption for Historic Districts Ord
AGENDA - Date
11/18/2004
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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. If the repair or renovation <br />deviates in any way from the plans approved by the Historic Preservation Commission or <br />the City’s code officials, verification of completion shall be deemed unfavorable, and the <br />applicant shall be required to complete or correct the repair or rehabilitation in order to <br />obtain the tax exemption provided by this Article, or appeal the City Manager’s or Historical <br />Preservation Commission’s decision to the City Council. When the verification of <br />completion receives a favorable review by the Historic Preservation Commission, the <br />Commission shall notify the City Manager in writing of compliance. Thereafter, if the City <br />Manager is likewise satisfied, the City Manager shall enter into a tax exemption agreement <br />and execute a tax exemption certificate and forward same to the Lamar County Appraisal <br />District. If required by the Lamar County Appraisal District, the City Manager or designee <br />shall provide annually a list of sites eligible for tax exemption under this Article. <br />Sec. 30-54. Property appearance guidelines. <br />Properties that receive tax exemption in accordance with this Ordinance shall be <br />maintained in accordance with the requirements of the Historic Preservation Ordinance and <br />all applicable City codes. <br />Sec. 30-55. Alternation or destruction of property; recapture of taxes for non- <br /> compliance. <br />(a)During the exemption period, if the City Manager or his designee, or the Historic <br />Preservation Commission, have reason to believe that a structure receiving tax exemption <br />pursuant to this Article has been altered or totally or partially destroyed without compliance <br />with all applicable City codes and ordinances, or allowed to deteriorate by the willful act or <br />negligence of the owner or his/her representative, the City Manager or his designee shall <br />immediately cause the matter to be scheduled for consideration by the City Council. If, after <br />giving notice and hearing to the owner, the City Council determines that the structure <br />receiving tax exemption pursuant to this Article has been totally or partially destroyed or <br />altered without compliance with all applicable City codes and ordinances, or allowed to <br />deteriorate by the willful act or negligence of the owner or his representative, then the tax <br />exemption agreement shall terminate, all exemption of taxes shall likewise terminate, and <br />the current owner shall immediately repay to the City and all other local taxing entities all <br />of the tax revenues that were not paid because of the exemption plus interest calculated at <br />an annual rate of seven percent (7%). This provision shall not apply to destruction or <br />alterations that result from acts of God. <br />(b)If the tax exemption certificate executed by the City Manager is timely recorded by <br />the owner of the site in the Deed Records of Lamar County with the approved application, <br />the tax exemption authorized above shall constitute a covenant running with the land for the <br />seven (7) year period provided in this Article. Likewise, any tax exemption approved in <br />accordance with this ordinance shall apply for future owners of the affected property for the <br />remainder of the seven (7) year term, provided the owner or owners execute an assignment <br />-5- <br /> <br />
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