City Policies Obsolete Property Rehabilitation Districts - 11/14/00

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                                  POLICY NO.


                                  CITY OF MUSKEGON
             OBSOLETE PROPERTY REHABILITATION DISTRICTS
                                      ACT NO. 146
                                  PUBLIC ACTS OF 2000



1.0   STRATEGIC PLANNING PROCESS


      The City Commission, on November 14, 2000, determined that the following
      policy is necessary, in order to implement the Obsolete Property Rehabilitation
      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 where
      certain properties have become obsolete. 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 obsolete
                      property    rehabilitation    exemption      certificates   to    qualifying
                      applicants under certain State laws.        The policy will increase the
                      tax base of the community, attract new business, housing and
                      industry, and will result in the expansion, modernization, and
                      rehabilitation of existing 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   Obsolete Property Rehabilitation 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 Obsolete Property Rehabilitation Policy as
                      adopted by the City Commission.


                      Completion of the rehabilitated facility 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 obsolete property
               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 an Obsolete Property
               Rehabilitation District, or is an area that would qualify as having
               obsolete properties.


          10. The       value   of the   rehabilitation   must   include   improvements
               aggregating 10 % or more of the true cash value of the property at
               the commencement of the rehabilitation of the obsolete 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 & Economic Development Department
      shall be the administrator of the application process on obsolete property
      exemption 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 obsolete
       property 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 obsolete property rehabilitation
      certificates to the City Commission in February of the following year.
      (i.e. 2000 annual report shall be submitted in February of 2001),


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 (Exhibit A) 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 obsolete property 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 Gf 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
                                 (whichever is applicable)
                                 Muskegon Community College
                         ee 6
                        oe




                                 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 Obsolete Property Rehabilitation Districts & Approving
      Obsolete Property Rehabilitation Certificaies
       The City Commission, on its own initiative, may choose to establish
       Obsolete Rehabilitation Districts on their own. They may establish 1 or
       more districts that may consist of 1 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 obsolete priority rehabilitation district.
       The written request must be filed with the City Clerk. The resolution
       creating the Obsolete Property Rehabilitation District will note all terms
       and conditions to be met by both the applicant and the community, if any.
       The District shall be approved by resolution of the City Commission to
       include the boundaries of the district.


       A Certificate for Obsolete Property Rehabilitation Exemption 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 Obsolete Property Rehabilitation District, the length of the
       abatement (1-12 years), and any conditions the City Commission deems
       appropriate for the issuance of the Certificate.


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
      OBSOLETE PROPERTY REHABILITATION GUIDELINES



The following guidelines are intended to provide direction for determining the
length of all obsolete property rehabilitation exemptions as well as other potential
components of a tax exemption such as employment generation/retention and
site/facility requirements. The City Commission reserves the right to adjust the
length of any tax exemption or add or subtract any conditions placed on a tax
exemption based upon other community benefits including but not limited to
capital investment, jobs retained, and facility/site improvements.


A,    Duration ofAbatements


       The following section represents the number of years to be granted for
       projects.




               Standard Exemption:
                       Real Property                  6 Years


               New Employment*/Investment Bonus:
               2-4 Jobs                I Year            $25,000.00+          1 Year
               5-8 Jobs                2 Years   or      $50,000.00+          2Years
               9-12 Jobs               3 Years         $100,000.00+          3 Years
               13-16 Jobs              4 Years         $200,000.00+          4 Years
               17-20 Jobs              5 Years         $350,000.00+          5 Years
               21+ Jobs                6 Years         $500,000.00+          6Years


               * “New Employment” refers to full-time job equivalent


       The standard exemption will apply to all applications. Additional years
       (up to a total of 12 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.
B.   Site/Facility Requirements


     Improvements made shall conform to the Obsolete Property 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 obsolete property to an
     economically efficient condition. The commencement of the
     rehabilitation of the facility cannot occur before the establishment of the
     obsolete property rehabilitation district




     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.

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