[Adopted 4-21-1980 by L.L. No. 3-1980]
The Assessor of the Village of Depew shall have
the power and be charged with the duty to carry out the intent and
purposes of Article 4a of the Commerce Law, § 485 of the
Real Property Tax Law[1] and other applicable laws of the state to grant business
facility owners, or operators, exemption from real estate taxes and
special ad valorem taxes to the extent provided in the aforementioned
New York State laws, contingent upon the conditions as hereinafter
set forth in this article.
[1]
Editor's Note: So in original.
A.
This tax exemption shall be granted to the business
facility owners or operators who, prior to the taxable status date,
file with the Village Assessor's office an application on a form prescribed
by that office, together with a certificate of eligibility issued
by the New York State Job Incentive Board created by § 116
of the Commerce Law.[1]
[1]
Editor's Note: So in original.
B.
Upon submission of the aforementioned application
and certificates, the Village Assessor shall consider the application
for exemption or tax credit and, if found to be in order, determine
the assessed value of said property in accordance with the certificate
of eligibility and enter such value on the exempt portion of the assessment
roll.
A.
The Village Assessor shall grant to a qualified business
facility a 100% tax credit or exemption upon the condition that the
owner or operator of said qualified business facility, or their assigns,
pay to the Village, in lieu of such real property taxes and/or special
ad valorem taxes, an amount determined in the following manner.
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"That fraction, as computed below, multiplied
by the Village's annual tax rate per thousand, and then multiplied
by the assessed valuation of the improved premises. Said fraction
shall have as its numerator the sum total amount budgeted by the Village
in that current tax year under budget accounts entitled `Snow Removal,'
`Street Lighting,' `Refuse and Garbage' and `Fire Protection and Hydrants'
and shall have as its denominator the amount budgeted by the Village
in the same tax year, under the title of `Total General Fund Appropriation'."
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B.
The resulting dollar amount is to be paid on an annual
basis immediately upon receipt of a written invoice from the Village.
A.
Upon the condition that the exemption shall continue
from year to year for a maximum of 10 years for each eligible facility,
unless eligibility is revoked or modified by the New York State Job
Incentive Board.
B.
In the event that the above mentioned payments in
lieu of taxes are held by any court of competent jurisdiction to be
illegal and/or unenforceable, this article of the Village Code shall,
in its entirety, be null and void.
