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POLICY NO, 2008-93(b) CITY OF MUSKEGON COMMERCIAL REHABILITATION TAX ABATEMENT DISTRICTS ACT NO. 210 PUBLIC ACTS OF 2005 1.0 STRATEGIC PLANNING PROCESS The City Commission, on September 9, 2008, determined that the following policy is necessary, in order to implement the Commercial Rehabilitation Tax Abatement Districts, for these reasons: - New legislation available that will benefit the City of Muskegon, particularly our commercial areas - Implementation will encourage the development of commercial areas that have experienced little or no redevelopment in recent years - To ensure that the redevelopment that does take place is appropriate for the districts identified 2.0 PURPOSE The Muskegon City Commission is a strong advocate of economic development activities, programs, and structures designed to create and promote employment opportunities and expand the local tax base. In the past, the available incentives for commercial businesses have been minimal. The State of Michigan is now creating incentives that can be used on a local level to spark business development and building rehabilitation. The purpose of this policy is to stimulate business growth and improve commercial areas of the city, by freezing property taxes at their present value. The City Commission believes that it should be an active participant and a leader where appropriate in the economic development of the City. The City of Muskegon supports the establishment of policies, programs, and facilities, permitted by law, which will carry out this policy. For the City to accomplish these purposes in an orderly fashion, it must be assured that the use of tax abatements for commercial rehabilitation is judicious, fair, and responsibly accomplished. The City adopts this policy, not only to encourage the use of tax abatements for commercial rehabilitation, but also to articulate the reasonable expectations of performance by those directly benefiting from the policy. 3.0 POLICY A. It is the policy of the City of Muskegon to provide commercial tax abatements to qualifying applicants under certain State laws. The policy will increase the tax base of the community, increase the number of residents in the community, attract new business and industry, and will result in the expansion of businesses. Multiple certificates by the same applicant are permitted, if authorized by State law, based upon previous performance and compliance with projections and conditions of previous applications. Specific monitoring techniques will be employed which analyze the results of the rehabilitation certificate program overall and specifically of each applicant on an annual basis. An annual performance report will be prepared for review by the Commission to determine the need for amendment to this policy. It is the intent of the City of Muskegon that each application be reviewed against this policy, procedures and the annual reports to determine on a case-by-case basis that the application meets the goals and objectives of the City. 3.1 Commercial Rehabilitation Tax Abatement Criteria The criteria to be considered by the City Commission in approval of applications, including applications for the establishment of districts, as well as the issuance of certificates, are the following: 1. Compliance with the Commercial Rehabilitation Tax Abatement Districts Policy as adopted by the City Commission. Completion of facilities must be calculated to, and will at the time of issuance of the certificate have the reasonable likelihood to, increase commercial activity, create employment, retain employment, prevent a loss of employment, revitalize urban areas, or increase the number of residents in the community in which the facility is situated. 3. Will increase the tax base. 4. Compliance of the petitioner in meeting previous commercial rehabilitation requirements, and employment goals and investment projections (if relevant). 5. The impacts on public right of way and general circulation patterns. 6. General site improvements such as paving, parking areas, increases in landscaping ground vegetation, and signage improvements. 7. The history of the applicant in payment of taxes, water bills, or any other obligations to the City. “Applicant,” for this purpose, shall include any entity controlled by the principal officers or owners of the entity signing the present application. The City shall not issue a certificate or approve a district in cases where the “applicant” as here defined, is delinquent in any tax, water bill, or obligation to the City. 8. The applicant must state, in writing, that the rehabilitation of the facility would not be undertaken without the applicant’s receipt of the exemption certificate. 9. The location of the proposed improvements and whether the general area has already been designated as a Commercial Rehabilitation Tax Abatement District. 10. The value of the rehabilitation must include improvements ageregating 10 % or more of the true cash value of the property at the commencement of the rehabilitation of property. 11. The impact on property values in the general area of the project. 11. The consistency of the project with adopted codes, ordinances and plans. 12. Other considerations considered unique or of benefit to the community. 3.2 Administration & Monitoring Procedures The City of Muskegon Planning & Economie Development Department shall be the administrator of the application process on commercial tax abatement certificates. Prior to presenting an application to the City Commission for approval the Planning & Economic Development Department, in conjunction with any other appropriate city departments, shall review all applications for compliance with this policy. For each approved application, the property owner receiving the commercial rehabilitation certificate shall submit annual monitoring reports. These reports will include the following information: - New Jobs Created - Workforce Breakdown (by race and gender) - Capital Investment Expended - Status of any Other Requirements Set Forth by the City Commission The City of Muskegon shall provide the report forms to the owner in the month of November for year-end calculations. The Planning & Economic Development Department shall provide an annual report on the status of active commercial rehabilitation certificates to the City Commission in February of the following year. (i.e. 2008 annual report shall be submitted in February of 2009). 3.3 Application Procedures The following procedures are intended to implement the foregoing policy and provide complete applications upon which to base a decision for approval or denial. It is intended that the administration of this procedure and the application process be efficient and flexible so as to meet the applicant’s needs while complying with the policy as adopted. L. Applications a. Application forms provided by the City shall be filled out completely and additional required documents shall be attached when submitted to the City Clerk. b. All fees shall be paid with the application. The Clerk will not process any application without the payment of all required fees. 2. _ Processing of Applications; Schedule. The application will be processed on the following schedule. a. Properly completed application for commercial rehabilitation certificates will be submitted to the City Clerk. Copies will be forwarded to the Planning & Economic Development Department and other appropriate person(s). The Clerk will also notify in writing the City Assessor and the legislative body of each taxing unit that levies ad valorem property taxes in the City of Muskegon. Meeting scheduled with applicant to go over application, missing items, etc. A public hearing will be scheduled and resolution drafted to approve a district or certificate. A public hearing notice prepared by Planning & Economic Development staff for publication and forwarded to the City Clerk for publication in the Muskegon Chronicle. Public notice of the hearing shall not be less than 10 days or more than 30 days before the date of the hearing. Certified mailing to property owners and taxing authorities with notification of application and public hearing date prepared and executed (if applicable). Notice will be given to all of the following: @ Property Owner ¢ Business Owner (if other than property owner) Muskegon School District or Orchard View School District Sd (whichever is applicable) Muskegon Community College fe Muskegon Area Intermediate School District City of Muskegon Assessor’s office County of Muskegon Time requirements set forth in any applicable statute or regulation shall be observed. This includes 60 days for the City Commission to approve or disapprove the certificate and resolution authorizing the certificate, after the completed application is received by the City Clerk, and 60 days for the State Tax Commission (“commission”) to approve or disapprove the resolution, after the commission receives the application and resolution adopted by the City Commission. After approval by City Commission, the City Clerk will review the application and attachments for completeness, then sign the application and send copies to the appropriate persons. A copy of the completed application will be forwarded to the property owner and the original application to the Commission. The resolution is not effective unless approved by the commission. 3.4 Establishing Districts & Approving Certificates The City Commission, on its own initiative, may choose to establish Commercial Rehabilitation Districts on their own. They may establish one or more districts that may consist of one or more parcels or tracts of land or a portion of a parcel or tract of land. It is also possible for the City Commission to establish a district if a written request is filed by the owner or owners of property comprising at least 50% of all taxable value of the property located within a proposed commercial priority rehabilitation district. The written request must be filed with the City Clerk. The resolution creating the Commercial Rehabilitation District will note all terms and conditions to be met by both the applicant and the community, ifany. The District shall be approved by resolution of the City Commission to include the boundaries of the district. A Certificate for a Commercial Rehabilitation Tax Abatement shall be approved only after the creation of the District. The Certificate shall be approved by resolution of the City Commission to include the boundaries of the Commercial Rehabilitation Tax Abatement District, the length of the abatement (1-10 years), and any conditions the City Commission deems appropriate for the issuance of the Certificate. The County of Muskegon holds the right to reject a commercial rehabilitation district that has been approved by the City of Muskegon. In order to reject a commercial rehabilitation district, the Muskegon County Board of Commissioners must adopt a resolution and provide it to the City within twenty eight (28) days of the County receiving the resolution from the City. 3.5 Filing and Compliance Monitoring Fee The applicant shall pay the filing and monitoring fee at the time the application is made. No applications shall be submitted to City Commission for approval prior to the payment of this fee. The fee will be equal to 2% of the abated taxes (based on the amount of investment on the first full year of service) or a maximum of $1,000. CITY OF MUSKEGON COMMERCIAL REHABILITATION TAX ABATEMENT GUIDELINES The following guidelines are intended to provide direction for determining the length of all commercial rehabilitation tax exemptions as well as other potential components of a tax exemption such as employment generation/retention and site/facility requirements. Duration ofAbatements The following section represents the number of years to be granted for projects. Standard Exemption: Real Property 5 Years New Employment*/Investment Bonus: 4-5 Jobs 1 Year $15,000.00+ 1 Year 6-7 Jobs 2 Years or $25,000.00+ 2 Years 8-9 Jobs 3 Years $40,000.00+ 3 Years 10-11 Jobs 4 Years $80,000.00+ 4 Years 12+ Jobs 5 Years $100,000.00+ 5 Years * “New Employment” refers to full-time job equivalent The standard exemption (5 years) will apply to all applications. Additional years (up to another 5 years) may be added to the certificate later (using above criteria), if additional improvements and/or jobs are added within the time period that the original exemption was granted. The applicant will then need to request an amendment to their original application, from the City of Muskegon. The resolution adopted by the City Commission at the time of granting the original certificate will indicate the factors, criteria and objectives to be considered in deciding whether to grant an extension. The effective date of the certificate is December 31 immediately following the issuance of the certificate. However, the certificate may not exceed ten (10) years after the completion of the qualified facility. Thus, depending upon the dates of construction and application, a certificate may be valid for only nine (9) years. B. Site/Facility Requirements Improvements made shall conform to the Commercial Rehabilitation Districts Act. Changes made to the facility, other than replacement that restore or modify the property, together with all appurtenances, to an economically efficient condition are eligible. This includes major renovation and modification including, but not necessarily limited to, the improvement to floor loads, correction of deficient or excessive height, new or improved fixed building equipment, including heating, ventilation, and lighting, improved structural support including foundations, improved roof structure and cover, floor replacement, improve wall placement, improved exterior and interior appearance of buildings, and other physical changes required to restore or change the property to an economically efficient condition. A commercial rehabilitation district must be at least three (3) acres in size or be located downtown or in a business area. The project must consist of a building or group of contiguous buildings of commercial property that is 15 years or older. The rehabilitation costs must be not less than 10% of the true cash value of the property based upon the property’s current assessment roll valuation prior to the rehabilitation of the facility. The request to include personal property for abatement will be dealt with on a case by case basis. The commencement of the rehabilitation of the facility cannot occur before the establishment of the commercial rehabilitation district. Cc. Employment Requirements All tax abatement applicants are encouraged to have a diverse labor force. The Company shall also agree to work with the City's Affirmative Action Director to market and publish notices regarding employment opportunities to underserved populations. All new jobs promised at the time of application must be filled within two years and must be maintained over the life of the abatement. In the event the employment is not maintained over the life of the abatement, the City reserves the right to decrease the abatement by the number of bonus years that were given directly for that employment. \ \ Adopted: October 28, 2008. ‘ a\VWrxy 24 O, iy XY wD OS QU LAN Ann Marie Becker, MMC City Clerk
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