(a)
Designation of historically significant sites in need of tax relief
to encourage their preservation.
For the purposes of this division, and subject to the eligibility requirements of subsection (d) of this section, all properties located within the boundaries of historic districts, as the same are and shall be hereafter designated in accordance with article 9.05 of the Code of Ordinances of the city (the historic preservation ordinance), and the zoning ordinance of the city, are hereby designated as historically significant sites in need of tax relief to encourage their preservation.
(b)
Rehabilitation of property.
(1)
Any property which is designated as a “historically significant
site in need of tax relief to encourage its preservation” pursuant
to the terms of this division, and which is substantially rehabilitated
as provided herein, shall have exempted for a period of seven (7)
years, one hundred (100) percent of any increase in the assessed value
for ad valorem tax purposes in excess of the assessed value of the
property for the tax year immediately prior to its rehabilitation;
that is, the taxable value of said property for ad valorem tax purposes
shall not for seven (7) years exceed the value of the property for
the tax year immediately prior to the rehabilitation.
(2)
Only the historic structure and the land reasonably necessary for
access to, and use of, the structure shall be subject to the tax exemption.
The exemption period shall begin on the first day of the tax year
following completion of the rehabilitation project. Upon qualification,
said exemption shall be available to any particular historically significant
site one (1) time only for a period of seven (7) years as set forth
above.
(c)
New construction.
(1)
Any property which is designated as a “historically significant
site in need of tax relief to encourage its preservation” pursuant
to the terms of this division, and is the site for new, historically
compatible construction as provided herein, shall have exempted for
a period of three (3) years, one hundred (100) percent of any increase
in the assessed value for ad valorem tax purposes in excess of the
assessed value of the property for the tax year immediately prior
to the construction of the new, historically compatible structure(s);
that is, the taxable value of said property for ad valorem purposes
shall not for three (3) years exceed the value of the property for
the tax year immediately prior to the new construction.
(2)
Only the new, historically compatible construction and the land reasonably
necessary for access to, and use of, the new, historically compatible
construction shall be subject to the tax exemption. The exemption
period shall begin on the first day of the tax year following completion
of the new, historically compatible construction project. Upon qualification,
said exemption shall be available to any particular historically significant
site one (1) time only for a period of three (3) years as set forth
above.
(d)
Eligibility requirements.
To be eligible for a property
tax exemption, a property must as a minimum meet the following requirements:
(1)
The property must meet the requirements for designation as a historically
significant site in need of tax relief to encourage its preservation.
(2)
The property must meet all requirements for application and verification
as set forth herein.
(3)
Tax exemption will be considered for eligible projects resulting
in an expenditure to rehabilitate the property in an amount of not
less than five thousand dollars ($5,000.00) for property zoned or
used for residential purposes, and not less than ten thousand dollars
($10,000.00) for property zoned or used for retail, office, commercial,
or central area district purposes. Only expenditures for improvements
to the exterior of structures, such as improvements to the foundation,
roof, outer walls, and fences, and/or expenditures for improvements
to the property which would require the issuance of a certificate
of appropriateness under the city’s historic preservation ordinance,
shall be eligible to qualify for tax exemption. Expenditures on the
interior of a structure shall not be used in determining whether a
property has qualified for tax exemption.
(4)
Tax exemption will be considered for eligible projects resulting
in an expenditure for new, historically compatible construction on
the property in an amount of not less than one hundred thousand dollars
($100,000.00) for property zoned or used for residential purposes,
and not less than two hundred thousand dollars ($200,000.00) for property
zoned or used for retail, office, commercial, or central area district
purposes. Only expenditures for the cost of constructing new, historically
compatible structures, which would require the issuance of a certificate
of appropriateness under the city’s historic preservation ordinance,
shall be eligible for tax exemption.
(5)
To be eligible for such an exemption, no property taxes may be owed
on the property itself, and the property owner must be current in
the payment of all property taxes for property owned and located within
the city at the time of application and throughout the term of the
exemption.
(6)
All construction must be performed in full compliance with all applicable
city codes.
(e)
Grant of exemption discretionary.
The grant of any tax
exemption shall be at the sole discretion of the city council, and
the creation of this policy providing for such tax exemption shall
not in any way be construed to imply that any applicant for tax exemption
under this division has the right or entitlement to any such tax exemption.
In exercising such discretion, the city council may by future policy,
amendments or otherwise determine those tax exemptions which best
serve the needs of the city for preservation of historical structures
relative to the tax revenue lost as the result of such exemption.
(Ordinance 2004-055, sec. 3, adopted 11/18/04; Ordinance 2005-020, sec. 2, adopted 5/18/05; 1988
Code, sec. 30-50)
Applications for a historically significant site tax exemption
pursuant to this division are to be filed with the city manager, or
such other city official designated by the city manager, who shall
be the agent for the city for the purposes of administering this division.
Each application must be signed by the owner of the property, be acknowledged
before a notary public, and shall:
(1)
State
the legal description;
(2)
Include
an affidavit by the owner stating the proposed property is located
within a historic district (HD), that no taxes are owed thereon, and
that no taxes are owed on any property in the city owned by the property
owner;
(3)
Include
detailed plans and/or descriptions of the proposed work demonstrating
new construction or rehabilitation is in accordance with the city’s
historic preservation ordinance, any applicable design guidelines,
and all city codes;
(4)
Include cost estimates indicating the cost of the construction, repair or rehabilitation will equal or exceed the minimum requirements established in section 2.08.091(d)(3) and 2.08.091(d)(4) of this division;
(5)
Include
a projection of the estimated construction time and predicted completion
date of the construction, repair or rehabilitation;
(6)
Authorize
the members of the historic preservation commission, the city manager
or designee, representatives of the Lamar County Appraisal District,
and elected officials to visit and inspect the property proposed for
exemption to verify that it is in need of construction, repair or
rehabilitation and to verify construction, repair or rehabilitation;
(7)
Sign
an agreement, styled “historic preservation tax exemption agreement,”
to in all things comply with the requirements of this division regarding
the tax exemption, agreeing to comply with all requirements of the
city governing said improvements, providing for recapture of all exempted
taxes in the event of noncompliance with the requirements hereof,
and including such other terms and conditions as the city shall require;
(8)
Include
a tax certificate showing all taxes due upon the property have been
paid;
(9)
Provide
any additional information to the historic preservation commission
and the city manager or designee, or representatives of the Lamar
County Appraisal District, which the city, the commission, the district,
or the owner deems relevant or useful, such as the history of the
site, access to the site by the public, or any proposed changes in
use of the site.
(Ordinance 2004-055, sec. 3, adopted 11/18/04; Ordinance 2005-020, sec. 3, adopted 5/18/05; 1988
Code, sec. 30-51)
Upon receipt of the sworn application, the city manager, or
his designee, shall forward the application to the historic preservation
commission and to appropriate city code officials for review. The
historic preservation commission shall review the proposed repair
or rehabilitation or new, historically compatible construction for
conformance with the city’s historic preservation ordinance
and any applicable design guidelines with regard to issuance of certificates
of appropriateness where required. City code officials shall review
the proposed construction for compliance with all applicable city
codes. Following completion of its review, the historic preservation
commission shall notify the city manager accordingly. The city manager
shall approve a properly completed application as eligible for tax
exemption, subject to verification of completion as provided herein.
(Ordinance 2004-055, sec. 3, adopted 11/18/04; Ordinance 2005-020, sec. 4, adopted 5/18/05; 1988
Code, sec. 30-52)
Upon completion of the repair or rehabilitation, or new, historically compatible construction, the applicant shall submit to the city manager, or his designee, a sworn statement of completion acknowledging that the site has been substantially repaired or rehabilitated or new, historically compatible construction has been completed in accordance with the plan approved under this division. In the instance of repair or rehabilitation, the applicant must also present documentation verifying that the cost of repair or rehabilitation meets or exceeds the amounts established in section 2.08.091(d)(3) of this division. In the instance of new, historically compatible construction, the applicant must also present documentation verifying that the cost of the new, historically compatible construction meets or exceeds the amounts established in section 2.08.091(d)(4) of this division. The city manager, or his designee, and the historic preservation commission, upon receipt of the sworn statement of completion, but no later than thirty (30) days thereafter, shall make an investigation of the property and shall approve or disapprove that the property has been completed as required. If the repair, renovation, or new, historically compatible construction deviates in any way from the plans approved by the historic preservation commission or the city’s code officials, verification of completion shall be deemed unfavorable, and the applicant shall be required to complete or correct the repair, rehabilitation, or new construction in order to obtain the tax exemption provided by this division, or appeal the city manager’s or historic preservation commission’s decision to the city council. When the verification of completion receives a favorable review by the historic preservation commission, the commission shall notify the city manager in writing of compliance. Thereafter, if the city manager is likewise satisfied, the city manager shall enter into a tax exemption agreement and execute a tax exemption certificate and forward same to the Lamar County Appraisal District. If required by the Lamar County Appraisal District, the city manager, or designee, shall provide annually a list of sites eligible for tax exemption under this division.
(Ordinance 2004-055, sec. 3, adopted 11/18/04; Ordinance 2005-020, sec. 5, adopted 5/18/05; 1988
Code, sec. 30-53)
Properties that receive tax exemption in accordance with this
division shall be maintained in accordance with the requirements of
the historic preservation ordinance and all applicable city codes.
(Ordinance 2004-055, sec. 3, adopted 11/18/04; 1988 Code, sec. 30-54)
(a)
During
the exemption period, if the city manager or his designee, or the
historic preservation commission, has reason to believe that a structure
receiving tax exemption pursuant to this division has been altered
or totally or partially destroyed without compliance with all applicable
city codes and ordinances, or allowed to deteriorate by the willful
act or negligence of the owner or his/her representative, the city
manager or his designee shall immediately cause the matter to be scheduled
for consideration by the city council. If, after giving notice and
hearing to the owner, the city council determines that the structure
receiving tax exemption pursuant to this division has been totally
or partially destroyed or altered without compliance with all applicable
city codes and ordinances, or allowed to deteriorate by the willful
act or negligence of the owner or his representative, then the tax
exemption agreement shall terminate, all exemption of taxes shall
likewise terminate, and the current owner shall immediately repay
to the city and all other local taxing entities all of the tax revenues
that were not paid because of the exemption plus interest calculated
at an annual rate of seven (7) percent. This provision shall not apply
to destruction or alterations that result from acts of God.
(b)
If the tax exemption certificate executed by the city manager is timely recorded by the owner of the site in the deed records of Lamar County with the approved application, the tax exemption authorized herein shall constitute a covenant running with the land for a period of three (3) years as provided in section 2.08.091(c) of this division or for a period of seven (7) years as provided in section 2.08.091(b) of this division. Likewise, any tax exemption approved in accordance with this division shall apply for future owners of the affected property for the remainder of the three (3) or seven (7) year term (whichever is applicable), provided the owner or owners execute an assignment of the tax exemption agreement in such form as the city shall specify. Should the current owner of the site ever cease to comply with the terms of the application, the tax exemption agreement, or this division during the three (3) or seven (7) year period, the exemption may be revoked for the years remaining within the applicable three (3) or seven (7) year period, upon the finding of such noncompliance by the city council, after giving notice of hearing to the owner. The city manager, or his designee, shall advise the chief appraiser of the Lamar County Appraisal District of the revocation of the exemption and shall file an appropriate document in the deed records of Lamar County revoking the tax exemption.
(c)
In
the event that the city or any other affected jurisdiction having
granted a tax exemption hereunder determines that the applicant or
owner is in default of any of the terms or conditions contained in
the application, in the tax exemption agreement, or in this division,
then the affected jurisdiction shall give the applicant or current
owner (60) days’ written notice to cure such default. In the
event such default is not cured to the satisfaction of the affected
jurisdiction within the sixty-day notice period, then the tax exemption
agreement shall terminate, all exemption of taxes shall likewise terminate,
and the current owner shall immediately repay to the city and all
other local taxing entities all of the tax revenues that were not
paid because of the exemption plus interest calculated at an annual
rate of seven (7) percent.
(d)
In
every case of termination set forth above, any affected jurisdiction
having granted the tax exemption may determine whether default has
occurred by the applicant or owner in the terms and conditions of
the application, the tax exemption agreement, or this division, and
shall so notify all other affected jurisdictions. Termination of the
tax exemption agreement by any affected jurisdiction shall constitute
simultaneous termination of all tax exemption agreements of all other
affected jurisdictions.
(Ordinance 2004-055, sec. 3, adopted 11/18/04; Ordinance 2005-020, sec. 6, adopted 5/18/05; 1988
Code, sec. 30-55)
