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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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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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of the tax exemption agreement in such form as the City shall specify. Should the current <br />owner of the site ever cease to comply with the terms of the application, the tax exemption <br />agreement, or this Article during such seven (7) year period, the exemption may be revoked <br />for the years remaining within such seven (7) year period, upon the finding of such non- <br />compliance by the City Council, after giving notice and hearing to the owner. The City <br />Manager or his designee shall advise the Chief Appraiser of the Lamar County Appraisal <br />District of the revocation of the exemption and shall file an appropriate document in the <br />Deed Records of Lamar County revoking the tax exemption. <br />(c)In the event that the City or any other affected jurisdiction having granted a tax <br />exemption hereunder determines that the applicant or owner is in default of any of the terms <br />or conditions contained in the application, in the tax exemption agreement, or in this Article, <br />then the affected jurisdiction shall give the applicant or current owner (60) days written <br />notice to cure such default. In the event such default is not cured to the satisfaction of the <br />affected jurisdiction within the sixty (60) day notice period, then the tax exemption <br />agreement shall terminate, all exemption of taxes shall likewise terminate, and the current <br />owner shall immediately repay to the City and all other local taxing entities all of the tax <br />revenues that were not paid because of the exemption plus interest calculated at an annual <br />rate of seven percent (7%). <br />(d)In every case of termination set forth above, any affected jurisdiction having granted <br />the tax exemption may determine whether default has occurred by the applicant or owner <br />in the terms and conditions of the application, the tax exemption agreement, or this Article, <br />and shall so notify all other affected jurisdictions. Termination of the tax exemption <br />agreement by any affected jurisdiction shall constitute simultaneous termination of all tax <br />exemption agreements of all other affected jurisdictions.” <br />Section 4. <br /> That this ordinance shall not be construed so as to conflict with any State or Federal <br />statute. <br />Section 5. <br /> That all ordinances or portions of ordinances in conflict with the terms and provisions <br />of this ordinance shall be and are hereby repealed to the extent of such conflict only. <br />Section 6. <br /> That if any section, subsection, paragraph, sentence, clause, phrase, or word in this <br />ordinance or the application thereof to any person or circumstance is held invalid by a court of competent <br />jurisdiction, such holding shall not affect the validity or the remaining portions of the ordinance, and the <br />City Council hereby declares that it would have passed such remaining portions of the ordinance despite <br />such invalidity. <br />Section 7. <br /> That this ordinance shall be effective December 1, 2004. <br />PASSED AND APPROVED <br /> this the 18th day of November, 2004. <br />____________________________________ <br />Curtis Fendley, Mayor <br />-6- <br /> <br />
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