The following words, terms and phrases, as used in this Article
II, shall have the meanings ascribed to them in this §
100-9, except as otherwise provided herein or where the context clearly indicates a different meaning:
APPROVED
With respect to floor area within a land use category, any
area for which all legal preconditions to the application for a building
permit have been satisfied.
ASSESSED VALUE
For each fiscal year shall be the assessed value of the applicable
real estate shown on the grand list of the City of Norwalk effective
on October 1 of the prior year.
BOND MATURITY DATE
The final maturity date of any bonds issued under the West
Avenue Corridor Public Improvements Bond Resolution.
BONDS
The one or more series of bonds to be issued by the City
of Norwalk pursuant to the West Avenue Corridor Public Improvements
Bond Resolution.
CITY
The City of Norwalk, Connecticut.
COMMERCIAL APARTMENTS LAND USE
Refer to that portion of any property which is categorized
by the Tax Assessor for property tax purposes as commercial property
containing more than four residential units.
COMMERCIAL LAND USE
Refer to any property other than a commercial apartments
land use, a municipal land use, an office land use or a residential
land use.
COMMON AREA
Any area within a building which is available to more than
one owner, tenant, occupant or patron of said building for their common
use, including, but not limited to, hallways, lobbies, storage areas
and loading docks.
DISTRICT
The Waypointe Special Services District described in §
100-8 of this Article
II.
LAND USE CATEGORY
As the context indicates, one or more of the categories of
land use constituting commercial land use, commercial apartments land
use, office land use, residential land use, or municipal land use.
MASTER DEVELOPMENT AGREEMENT
The master development agreement entered or to be entered
into by and among the City, the Norwalk Redevelopment Agency and Waypointe
LLC, (Note: The name of the entity to enter into the master development
agreement as the redeveloper may change before execution of the master
development agreement, and will be selected by Stanley M. Seligson
Properties.) or approved successors or assigns of Waypointe LLC.
MEMBER
A property owner, as defined herein.
MUNICIPAL LAND USE
Refers to any property owned by the District or that portion
of any property which is categorized by the Tax Assessor, for property
tax purposes, as municipal property exempt from taxation pursuant
to Section 12-81(4) of the Connecticut General Statutes, as that section
may be amended or recodified from time to time and, for purposes of
this article, shall also include all public street rights-of-way located
within the District.
OFFICE LAND USE
Refers to that portion of any property which is categorized by the Tax Assessor, for property tax purposes, as any type or category of office use. For purposes of this Article
II medical offices or any facilities associated or affiliated with a hospital or healthcare facility shall be classified as an office land use.
ORDINANCE
Refers to this article entitled "An Ordinance Establishing
the Waypointe Special Services District."
PARKING FACILITIES
The public parking garages, public parking meters and public
parking pay stations located within the District and licensed to the
District under the SSD parking facilities license services agreement.
PROPERTY
Real property within the District which is identified in
the tax records of the City as a parcel of land and/or building, or
which constitutes an individual condominium unit, planned community
unit or separately taxable common element as shown on the records
of the City's Tax Assessor.
PROPERTY OWNER
The individual, corporation, partnership, limited liability
company, unincorporated association, trustee, fiduciary, guardian,
conservator, or other legal entity or any combination thereof in whose
name(s) the title to a taxable interest in real estate stands on the
land records of the City.
PUBLIC IMPROVEMENTS
Refers to those areas and objects within the boundaries of
the District which are owned, administered, managed or operated by
the District and which are available to the public for recreational
or other public purposes or located within street rights-of-way, including,
but not limited to, public parking facilities, parks, playgrounds,
squares, plazas, decorative improvements, retaining walls, flagpoles,
fences, fountains, sidewalks, streetlights, sprinklers and irrigation
systems, trees, bushes, gardens, landscaping, planting pots, planters
and plantings, bike racks, street amenities, bollards, benches and
similar features.
REAL ESTATE
Refers to that property constituting real estate for purposes of the compilation of the grand list of the City as set out in Section 12-64 of the Connecticut General Statutes, as that section may be amended or recodified from time to time, and located within the boundaries of the District as established pursuant to §
100-11 of this Article
II, as those boundaries may be amended from time to time in accord with the procedures set forth in §
100-17 of this Article
II or, following the dissolution of the District, as located within the boundaries of the District at its dissolution.
RESIDENTIAL LAND USE
Refers to that portion of any property which is categorized
by the Tax Assessor, for property tax purposes, as any category of
residential use.
SSD EXPANSION AREA
The real property identified as "SSD Expansion Area" on that certain map entitled "Waypointe Special Services District Expansion Area Scale one inch equals 40 feet Date: September 4, 2007" prepared by Langan Engineering & Environmental Services, which map is attached to and is hereby made a part of this Article
II and shall be recorded upon the land records of the City of Norwalk.
SSD REVENUES DEFICIENCY
The amount by which the debt service payable under the bonds (excluding default interest, late payment fees, and expenses related to termination or extension of any interest rate swap agreement, contract to manage interest rate risk, including interest rate caps, options, puts, call or similar arrangements, or such other agreements permitted by the Connecticut General Statutes, as amended, with one or more counterparties as swap provider, related to the bonds or the debt service payable thereunder) exceeds the sum of a) the gross income from the parking facilities collected on or before the bond maturity date of the bonds, b) the amount of the special taxes levied by the City under this Article
II at the recommendation of the Board of Commissioners of the District from and after the public improvements closing and through the bond maturity date of the bonds, c) all earnings accrued on the enterprise fund maintained for the District in accordance with the terms of this Article
II, and d) all amounts deposited in any debt service reserve or other reserve established with respect to the bonds and all earnings accrued thereon.
TAXABLE INTEREST IN REAL ESTATE
Refers to an interest in real estate which a) is not exempt from property taxes levied by the City pursuant to the provisions of the Connecticut General Statutes or b) is not being constructed or reconstructed pursuant to a contract with the City obligating the City to acquire such real estate. For purposes of the levy to be implemented pursuant to this Article
II from and after the consummation of the public improvements closing, all areas within a building located within the District and which constitute a Commercial Land Use, a Commercial Apartments Land Use, an Office Land Use or a Residential Land Use shall be deemed taxable interests in real estate within such respective land use category upon the issuance of a certificate of occupancy or temporary certificate of occupancy by the Building Official of the City of Norwalk for any area of the building approved for use within that same land use category. Thereafter all such areas shall remain taxable interests in real estate regardless of occupancy until the earlier to occur of payment in full of the bonds and the bond maturity date.
WEST AVENUE CORRIDOR PUBLIC IMPROVEMENTS BOND RESOLUTION
The resolution entitled "Resolution of the City of Norwalk
Making Appropriations for the Acquisition of Certain Public Improvements
Related to the West Avenue Corridor (Waypointe) Project and Authorizing
the Issuance of General Obligation Bonds or Revenue Bonds of the City
to Meet Said Appropriations" adopted by the Common Council of the
City of Norwalk on March 24, 2009.
The City, the Norwalk Parking Authority or any agency, authority or body created by the City may enter into a contract with the District pursuant to Section 7-339t of the Connecticut General Statutes in which the City, the Norwalk Parking Authority or any agency, authority or body created by the City is excused from providing to the District some or all of the services which the District is authorized to provide pursuant to this Article
II and in which the District agrees to provide all such services from which the City, the Norwalk Parking Authority or any agency, authority or body created by the City has been excused. The City, the Norwalk Parking Authority, or any agency, authority or body created by the City, and the District may also enter into contracts pursuant to Section 7-339t of the Connecticut General Statutes in which the District is given the right to elect to purchase from the City, the Norwalk Parking Authority or any agency, authority or body created by the City some or all of the services for which the District has become responsible. Any contracts executed pursuant to this §
100-14 shall not be subject to the requirements of §
100-13H of this Article
II.
All interests in real property held and all personal property
owned by the District shall not be subject to any property tax levied
by the City.