[Adopted 5-20-1998 by Ord. No. 98-5-20]
There is hereby exempt from local taxation certain
qualified real property located within the Town of Portsmouth owned
and occupied by the Visiting Nurse Health Services, Inc., and used
in the provision of services to Portsmouth residents, which said exemption
shall be in an amount not exceeding $834,100 of assessed valuation
each year, and which shall be in addition to any and all other exemptions
from taxation to which said entity may be entitled.
[Amended 6-17-2002 by Ord. No. 2002-06-17A[1]]
Upon application by the Visiting Nurse Health
Services, Inc., the Town Council of the Town of Portsmouth shall fix
the amount, if any, of such exemption from local taxation with respect
to assessed value of any taxable real property owned and occupied
by the Visiting Nurse Health Services, Inc., which amount, once fixed,
shall remain in effect until modified by the Town Council.
[1]
Editor's Note: This ordinance also repealed
original Section III, pertaining to application procedures and proof
of ownership, occupation, nonprofit status and continued services,
which immediately followed this section.
The following words and phrases, when used herein,
shall have the following meanings:
A corporation, no part of the profits or income of which
is distributable to its members, directors or officers, except as
allowed by the Rhode Island Nonprofit Corporations Act.[1]
A nonprofit corporate entity which succeeds Visiting Nurse Health Services, Inc., not only in title to the real estate but also to its corporate purposes and which complies with the requirements of nonprofit status. An entity not qualifying as an organizational successor herein shall not be eligible for continued exemption under § 352-34B hereof.
[Amended 6-17-2002 by Ord. No. 2002-06-17A]
Real property, or any portion thereof, owned, occupied and
used exclusively by the Visiting Nurse Health Services, Inc., in the
performance of its corporate functions of providing home nursing care
and similar services to the people of Newport County, Rhode Island.
[Amended 6-17-2002 by Ord. No. 2002-06-17A[2]]
[1]
Editor's Note: The original definition of
"tax exemption period," which immediately followed this definition,
was repealed 6-17-2002 by Ord. No. 2002-06-17A.
[2]
Editor's Note: This ordinance also repealed
original Section V, pertaining to the deadline for filing applications,
adjudication by the Assessor and action by Council, which immediately
followed this section.
The exemptions granted hereunder shall terminate
as follows:
A.
Nothing herein shall be construed to prevent the Town
Council from terminating this exemption at any time by repeal or amendment
of this article.
[Amended 6-17-2002 by Ord. No. 2002-06-17A]
B.
The exemption shall terminate upon the transfer of
the property to an entity other than Visiting Nurse Health Services,
Inc., or an organizational successor as defined herein. In the event
that any property granted an exemption hereunder is transferred during
the tax-exemption period for which the exemption is claimed, the exemption
shall be void for that portion of the tax-exemption period following
the transfer, and the buyer or the transferee shall be liable to the
Town of Portsmouth for any tax benefit received after such sale or
transfer.
[Amended 6-17-2002 by Ord. No. 2002-06-17A]
C.
The exemption shall terminate at such time as the
Visiting Nurse Health Services, Inc., or its organizational successor,
ceases to qualify as a nonprofit corporation under the Rhode Island
Nonprofit Corporations Act or at such time as the applicant ceases
to provide home nursing care or similar services to the residents
of the Town of Portsmouth. In the event that the applicant's nonprofit
status shall change or it shall cease to render such services to Portsmouth
residents during any tax-exemption period for which the exemption
is claimed, the exemption shall be void for that portion of the tax-exemption
period following the change in nonprofit status or cessation of services,
and the then owner of the property shall be liable to the Town of
Portsmouth for any tax benefit received after the occurrence of those
said events.
[Amended 6-17-2002 by Ord. No. 2002-06-17A]
This article shall take effect upon passage
and be applied retrospectively to May 20, 1998.
