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R-1989-19
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R-1989-19
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Last modified
11/2/2016 3:48:35 PM
Creation date
7/27/2006 4:40:08 PM
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Legislative Records
Legislative Type
Resolution
Legislative No.
R-1989-19
Date
11/13/1989
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<br />e <br /> <br />. <br /> <br />.~. <br /> <br />designated representative of any affected juri~eiction <br />opportunity to show cause why the abatement should or <br />should not be granted. Notice of the public hearing shall <br />be clearly ic1entifie=d on a (aoverning body) agenda to be <br />posted at least 30 days prior to the hearing. <br /> <br />(d) The (governing bodv), not more than 60 days after receipt <br />of the appli~ation, EJhall by resolution either approve or <br />disapprove the application for tax abatement. The <br />(presiding officer) shall notify the applicant of approval <br />or disapproval. If disapproved a (member of the governing <br />body) may request a second rev.iew, in which case a new <br />application and hearing shall be required. <br /> <br />-- <br /> <br />(e) The (aoverninq body) shall not establish a reinvestment <br />zone for the purpose of abatement if it finds that the <br />request for the abatement was fil~d after the commencement <br />of construction, alteration,'" or installation of <br />improvements related to a proposed modernization, expansion <br />or new facility. <br /> <br />} <br /> <br />(f) <br /> <br />-" <br /> <br />Variance. Requests for variance from the provisions of <br />Section 2 may be made in written form to a designated <br />member of (aoverning "body). Such request shall include all <br />the item~ listed in Se'ction 3 (b) above, together with a <br />complete description of the circumstances which prompt the <br />applicant to request a variance. The approval process for <br />a variance shall be identi.cal to that for a standard <br />application and may be supplemented by such additional <br />requirements as may be deemed necessary' by the designated <br />member of (qoverning body). ' <br /> <br />PUBLIC HEARING Section 4. <br /> <br />(a) Should any affected jurisdiction be able to show c~use in <br />the public hearing why the granting of ~batement will-have <br />a substantial adverse affect on its bonds, tax revenue ~ <br />service capacity or the provision of service, that showing <br />shall be .reason for the (governing body) to deny any <br />designation of the reinvestment zone, the granting of <br />abatement, or both. <br /> <br />(b) Neither a reinvestment zone nor abatement agreement shall <br />be authorized if it is determined that: <br /> <br />" <br />) <br />) <br /> <br />(1) there would be a substantial adverse affect on the <br />provision of government service or tax base: <br />(2) the applicant has insufficient financial capacity; <br />(3) planned .or potential use of the property would <br />constitute a hazard to public safety, health or <br />morals: or, <br />(4) violation of other codes or laws. <br /> <br />- 6 - <br />
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