City of Taunton, MA
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Municipal Council of the City of Taunton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Economic Development Partnership Committee — See Ch. 10, Art. XII.
Industrial Development Commission — See Ch. 10, Art. XV.
Department of Economic and Community Development — See Ch. 19, VI.
[Adopted 10-4-1994; amended 8-22-1995 (Ch. 6, Art. IX, of the 2010 Code)]
[Amended 7-11-2000; 8-10-2010]
There shall be an Economic Development Incentive (EDI) Board which shall be comprised of the following:
A. 
Mayor of the City of Taunton.
B. 
President of the Municipal Council or designee.
C. 
Chairperson of the Committee on Economic Development and Technology.
D. 
Chairperson of the Industrial Development Commission.
E. 
Economic Development Director.
F. 
City Planner.
G. 
Neighborhood advisory member.
H. 
Chairperson of the Board of Assessors.
I. 
Executive Director of Economic and Community Development.
There shall be six economic opportunity areas (EOAs) consisting of contiguous areas as defined below and as shown on the maps on file at the office of the City Clerk:
A. 
EOA No. 1, Weir: Portions of census tracts 6139 and 6140 representing the Weir section of the City running from High and Ingell Streets to Weir Street along Somerset Avenue to Sixth Street; turn towards the Taunton River, and back to West Water Street along the Penn Central Railroad.
B. 
EOA No. 2, Heart of Taunton: Portions of census tract 6138, the Heart of Taunton and the downtown area business and office district.
C. 
EOA No. 3, Whittenton: Portions of census tracts 6131 and 6136, the Whittenton Industrial Area and Business District.
D. 
EOA No. 4, Industrial Park: Portions of census tract 6132 representing the expansion property to the Myles Standish Industrial Park, bounded by the Penn Central Railroad, Fremont Street, Bassett Street, the Paul A. Dever School campus, and the original Myles Standish Industrial Park.
E. 
EOA No. 5, Arlington Street: Census tract 6137 representing the property which is bounded by Arlington Street, the Penn Central Railroad, and the Bennett Street Extension.
F. 
EOA No. 6, Cape Dory: Portions of census tract 6141 representing the East Taunton area, including the Cape Dory property on Middleboro Avenue and the business district.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Tax increment financing (TIF) zones shall be located within the proposed economic opportunity areas and shall include those portions of the respective census tracts which are zoned for industrial/commercial/general business and neighborhood business purposes. There shall be six TIF zones corresponding to the six economic opportunity areas as defined above.
[Amended 7-11-2000]
A. 
Each project that seeks designation as a certified project by the municipality shall file an application with the Mayor. Upon receipt of said certified project application the Mayor shall inform the Municipal Council of said application.
B. 
Public projects proposed for the TIF zones and for financing through betterment or special assessment shall be reviewed by the EDI Board as part of each project's application for certification.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Each project shall be reviewed, negotiated, and considered for approval and executed by the EDI Board. When agreements are approved, determination shall be made as to whether tax increment financing or the special tax assessment is more appropriate.
D. 
The Municipal Council shall have the power to ratify all certified project applications and corresponding TIF plans and agreements or special tax assessment agreements after said applications, plans, and agreements have been approved by the EDI Board.
E. 
Upon Municipal Council ratification, the City shall forward said application with corresponding plan and agreement to the Economic Assistance Coordinating Council (EACC) to be considered for approval in accordance with MGL c. 23A, § 3B, and the regulations adopted pursuant thereto.
Specific public projects that are required to facilitate further economic development and that would be financed through cost betterments and special assessments shall be incorporated into TIF plans and agreements as each is negotiated.
[Amended 7-11-2000]
It is the intent of the Municipal Council to authorize tax increment exemptions from property tax on a project-by-project basis.
A. 
Term. Under no circumstances shall the term of any specific agreement exceed 20 years in duration.
B. 
Calculation. The exemption shall be calculated in accordance with the General Laws of Massachusetts and any regulations promulgated thereunder.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
The exemption shall be limited to the incremental new tax value of the property that is approved as part of a certified project.
D. 
Effective date. The exemption shall become effective on July 1 following the date on which the EACC approves the TIF plan and agreement.
E. 
All tax increment financing agreements shall be binding upon subsequent owners of such parcel of real property until the expiration of said TIF agreement. Parties to such agreements shall notify the City and the EACC in writing of any ownership changes. The EDI Board shall forward to the Board of Assessors a copy of each executed TIF or special tax assessment agreement together with a list of parcels included therein.
The Municipal Council reserves the right to establish a maximum percentage of the cost of any public project that shall be recovered through betterments or special assessments against one parcel with respect to which a TIF agreement is executed. In addition, the Municipal Council shall determine on a project-by-project basis the need for or the appropriateness of either special assessment or TIF financing.
Tax increment financing in accordance with the TIF plan and agreement shall become effective upon approval by the Economic Assistance Coordinating Council established by MGL c. 23A, § 3B, and the regulations adopted pursuant thereto.
[Amended 7-11-2000]
Each certified project shall submit an annual report to the EDI Board no later than July 31 of each calendar year. Upon receipt of said annual report, the EDI Board shall submit a copy of said report to the Municipal Council and the EACC.
[Amended 7-11-2000]
A. 
The Municipal Council may at any time petition the EACC to revoke its designation of a certified project and corresponding TIF zone, TIF plan or agreement, or special tax assessment agreement.
B. 
The EDI Board shall review annually the status of each TIF agreement or special tax assessment agreement to determine compliance with the terms and conditions of each certified project. The EDI Board shall recommend that the Municipal Council petition the EACC to revoke any and all incentives for projects that are determined to be out of compliance with the TIF agreement or special tax assessment agreement after reasonable efforts to remedy the compliance deficiency.
C. 
The EDI Board shall forward to the Board of Assessors a copy of each TIF agreement or special tax assessment agreement revocation.
[Amended 7-11-2000]
A. 
The EDI Board shall be authorized to negotiate and, upon ratification by the majority vote of the Municipal Council, execute TIF or special tax assessment agreements, and on a case-by-case basis in which the EDI Board considers the overall economic impact of each project to the City and the number of jobs created or retained for Taunton economic target area (ETA) residents, in accordance with the following guidelines for terms and conditions:
(1) 
Tax incentives, betterments, or special assessments, and tax increment financing or the special tax assessment up to the maximum allowable within the enabling legislation for certified projects which commit to hiring a high percentage of Taunton ETA residents.
(2) 
Tax incentives, betterments, or special assessments, and tax increment financing or the special tax on a proportional basis equivalent to the commitment by certified projects to hire Taunton ETA residents in the jobs to be created.
B. 
This action shall be subject to final approval by the EACC.
[Added 8-10-2010]
A. 
The Economic Development Incentive Board shall establish regulations which establish the criteria that shall govern any project that has been submitted to it for review. On a yearly basis, the Economic Development Incentive Board shall submit the regulations to the Municipal Council and Mayor for review.
B. 
The City's Department of Economic and Community Development shall be designated as the agency responsible for monitoring the Economic Development Incentive Program, including job creation, job training, capital investment and community benefit on each approved tax increment financing and special tax assessment project, and shall also report to the Mayor's office and the Municipal Council on a yearly basis, including decertifications.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 6-17-2003 (Ch. 16, Art. V, of the 2010 Code)]
A. 
This article is hereby established upon acceptance by the City of Taunton Municipal Council pursuant to MGL c. 59, § 59A.
B. 
The Mayor, subject to the final approval of the Municipal Council, is hereby authorized pursuant to provisions of MGL c. 59, § 59A, to designate the City Solicitor to negotiate agreements regarding the payment of outstanding real estate taxes, interest and penalties, including abatements of those amounts determined by the City to be needed by the property owner to clean up and redevelop property contaminated within the meaning of MGL c. 21E.
C. 
Said agreement shall include, but not be limited to, the amount outstanding, the percent of interest to accrue if determined applicable by the City and the property owner, the description of quantifiable monthly payments, the inception date of such payments, the date of final payment, late penalties, and other contractual obligations arranged between the City and the property owner, and the agreement may contain additional incentives, financial and otherwise, as may be deemed appropriate to facilitate the development of eligible sites.
Any agreement negotiated pursuant to § 239-13 must be approved by the Municipal Council, after consultation with the Board of Assessors, and signed by the property owner, the City Solicitor and the Mayor and the same shall be notarized and attested to by the City Clerk.
Said agreements must deal with property or portion of the property from or at which there has been a release of oil and other hazardous material(s) and said property is zoned for commercial or industrial use.
An agreement may be entered into only with a property owner who did not own the property or portion thereof at the time the oil or other hazardous material(s) was released and said owner did not cause or contribute to its release.
A. 
An agreement, in addition to the requirements of § 239-13, shall include a detailed statement, and evidence supporting the same, that there exists adequate financing to accomplish the cleanup of the oil or other hazardous material(s) contaminating the property or portion thereof and that the reduction in outstanding taxes, interest and/or penalty is reasonably necessary in order to complete the cleanup of said contamination.
B. 
Any proposed agreement not complying with the above requirement shall not be approved by the Municipal Council.
A copy of any agreement executed as required in § 239-14 shall be provided to the following:
A. 
Property owner.
B. 
Municipal Council.
C. 
City Clerk.
D. 
Board of Assessors.
E. 
Massachusetts Commissioner of Revenue.
F. 
Massachusetts Department of Environmental Protection.
G. 
Unites States Environmental Protection Agency, Regional Office, which includes the Commonwealth of Massachusetts.
All validly executed agreements shall take effect upon filing of the above copies.