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HomeMy WebLinkAbout~Master - Adopting a Property Tax Exemption for Qualified Industrial Real Estate ORDINANCE NO. 2923 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA BY ADDING SECTIONS 24.8 THROUGH 24.13 FOR THE PURPOSE OF ADOPTING A PROPERTY TAX EXEMPTION FOR VALUE ADDED TO QUALIFIED INDUSTRIAL REAL ESTATE, AND PROVID- ING AN EFFECTIVE DATE BE IT ORDAINED, by the City Council for the City of Ames, Iowa: Section One. The Municipal Code of the City of Ames, Iowa is hereby amended by adding thereto new sections 24.8 through 24.13 as follows: "Sec. 24.8. INDUSTRIAL PROPERTY TAX EXEMPTION. 1. Pursuant to Chapter 427B Code of Iowa, there is hereby provided a partial exemption from property taxation of the actual value added to qualifying industrial real estate by the new construction of industrial real estate and the acquisition of or improvement to machinery and equip- ment assessed as real estate pursuant to section 427A.1, subsection 1, paragraph 'e', Code of Iowa. 2. New construction means new buildings and structures and includes new buildings and structures which are constructed as additions to existing buildings. New construction does not include reconstruction of an exist- ing building or structure which does not constitute complete replacement of an existing building or structure or refitting of an existing building or structure, unless the reconstruction of an existing building or structure is required due to economic obsolesence and the reconstruc- tion is necessary to implement recognized industry stan- dards for the manufacture and processing of specific products and the reconstruction is required for the owner of the building or structure to continue to competi- tively manufacture or process those products which determination shall receive prior approval from the city council of the city upon the recommendation of the Iowa Development Commission. 3. The exemption shall also apply to new machinery and equipment assessed as real estate pursuant to section 427A. 1, subsection 1, paragraph le', unless the machine- ry or equipment is part of the normal replacement or operating process to maintain or expand the existing operational status. 4. The term "qualifying", as used in this section, means that which is classified and assessed as industrial real estate entitled to the exemption by the laws of Iowa and the valid administrative rules of the Iowa Department of Revenue. [State Law Ref. Iowa Code Sec. 427B. 1, IAC 730-80.6] Sec. 24.9. LENGTH OF TIME EXEMPTION IS AVAILABLE. The exemption provided in section 24.8 shall be available for a period of five years from the 1st day of June, 1985, unless sooner repealed. [State Law Ref. 42713. 1] Sec. 24.10. EXEMPTION SCHEDULE. The actual value added to industrial real estate for the reasons speci- fied in section one is eligible to receive a partial exemption from taxation for a period of five (5) years. "Actual value added" as used herein means the actual value added as of the first year for which the exemption is received, except that actual value added by improvements to machinery and equipment means the actual value as determined by the assessor as of January first of each year for which the exemption is received. The amount of actual value added which is eligible to be exempt from taxation shall be as follows: (1) For the first year, seventy-five percent. (2) For the second year, sixty percent. (3) For the third year, forty-five percent. (4) For the fourth year, thirty percent. (5) For the fifth year, fifteen percent. However, the granting of an exemption under this section for new construc- tion constituting complete replacement of an existing building or structure shall not result in the assessed value of the industrial real estate being reduced below the assessed value of the industrial real estate before the start of the new construction added. [State Law Ref. 427B.31 Sec. 24.11. APPLICATION FOR EXEMPTION. For each eligible property for which an exemption is desired the owner shall cause to be filed an application for exemption with the city assessor, on the forms prescribed by the director of revenue for the State of Iowa, between January 1 and February 1 of the year for which the value added is first assessed for tax purposes. If an application is not filed by February 1 of the year the value added is first assessed, the taxpayer cannot receive in subsequent years the partial exemption for that value added. [State Law Ref. Sec. 427b.4, IAC 730-80.6(6)(a)] 2 Sec. 24.12. REPEAL OF EXEMPTION; EFFECT. If the exemption established by section one is repealed all existing exemptions shall continue until their expiration. [State Law Ref. Sec. 427B.5] Sec. 24. 13. MULTIPLE EXEMPTIONS PROHIBITED. The property tax exemption under this ordinance shall not be granted if the property for which the exemption is claimed has received any other property tax exemption authorized by law. [State Law Ref. Sec. 427B.6] Section Two. This ordinance shall be in full force and effect from and after the 7th day of May 1985. ��ancy Gibb s, City Clerk qF. aul oodland, Mayor 3