Ordinance No. 96-34 5`i- r3 r .'` a \ $� egg;,,✓..
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CITY OF TIGARD, OREGON
€*, .a"- ORDINANCE NO. 96-_j-1 # f
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AN ORDINANCE ESTABLISHING A SECTION OF THE TIGARD MUNICIPAL CODE TITLED �4 s
SRI. �Mg "NON-PROFIT CORPORATION LOW-INCOME HOUSING" AND ESTABLISHING THE `.
� '`� r EXEMPTION CRITERIA.,
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} 3 WHEREAS, The City of Tigard City Council has a goal to consider issues A
of affordable housing, and
WHEREAS, The Council has determined it necessary to adopt the criteria
�f set forth in ORS 307.540 - ORS 307.547 establishing a property tax
N exemption application process and critieria.
£ THE CITY OF TIGARD ORDAINS AS FOLLOWS:
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RI , SECTION 1:Tigard Municipal Code section 3.50 is established and titled
"Non-Profit Corporation Low - Income Housing" as shown in the
� { attached "Exhibit A". e "
SECTION This ordinance shall be effective 30 days after its passage by
the Council, signature by the Mayor, and posting by the City
Recorder. :
U il(,C✓lI YYIUl.lS e„
t PASSED: By vote of all Council members present
'? after beng read by number and title only, this ly- day -
f714 kx of -t9� t , 1996. " r.
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therine Wheatley, City RecoiWer
APPROVED: By Tigard City Council this AD day of
1996.US
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J,..,s Mico i, Mayr
Approved as to form: V
Cly Attorneywi
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Date
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a'a, E� � ORDINANCE No. 9673471
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°s F "EXHIBIT A" f O
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h ` # (Non-profit Corporation Low-income Housing) '
3.50.010 Definitions � � e
1 "Governing body" the cit of Ti and Cit Council. rr �y
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(2) "Low-income" means income at or below 60 percent of the area
' I median income as determined by the State Housing Council based on a;3 �
information from the United States Department of Housingand Urban r
v Development.
t} 3.50.020 Nonprofit corporation low Income housing; exemption; " '
criteria. �.
' 1 Property that meets all of the following criteria shall be exempt from
taxation as provided in this section. { ,
(a)The property is owned or being purchased by a corporation that
is exempt from income taxes under section 501(c) (3) or (4) of the Internal
Revenue Code as amended before December 1,1984. , {�
(b) Upon liquidation,the assets of the corporation are required to
s be applied first in payment of all outstanding obligations, and the balance
remaining, in cash and in kind, to be distributed to corporations exempt from § r
taxation and operated exclusively for religious, charitable, scientific, literary or ,
y educational purposes or to the State of Oregon. Y
(c)The property is occupied by low income persons. S0 f'
(d)The property or portion of the property receiving the exemption,
is actually and exclusively used for the purposes described in section 501(c) (3) 4
or(4)of the Internal Revenue Code as amended before December 1,1984.
(e) The exemption has been approved as provided in section ^
3.50.050.
(2) For the purposes of subsection (1)of this section, a corporation that
purchaser of that
has only a leasehold interest in property is deemed to be a
property if: ti
(a)The corporation is obligated under the tennis of the lease to pay s
the ad valorem taxes on the real and personal property used in this activity on
that property;or
(b) The rent payable by the corporation has been established to
reflect the savings resulting from the exemption from taxation.
z (3) A partnership shall be treated the same as a corporation to which this 3
section applies if the corporation is: k
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r (a) A general partner of the partnership;and
(b) Responsible for the day to day operation of the property that is 't �
the subject of the exemption. d
3.50.040 Application for exemption. �U, '
(1) To qualify for the exemption provided by 3.50.020, the corporation
shall file an application for exemption with the governing body for each `
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Exhibit A �� Q
Ordinance 96-_ �'� � _ .
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assessment year the corporation wants the exemption. The application shall be ���
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filed on or before March 1 of the assessment year for which the exemption is r { yg *
applied for, except that when the property designated is acquired after March 1
{ tf and before July 1, the claim for that year shall be filed within 30 days after the
date of acquisition. The application shall include the following information:
# (a) A description of the property for which the exemption is
t requested; ,
b A description of the charitable purpose of the f
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f' t whether all or a portion of the property is being used for that purpose; 4
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(c)A certification of income levels of low income occupants;
(d) A description of how the tax exemption will benefit project �
f residents;and
(e) A declaration that the corporation has bsen granted an ✓5
exemption from income taxes under 26 U.S.C. section 501(c) (3) or (4) as
x amended before December 1,1984. ? _
(2) The applicant shall verify the information in the application by oath or
affirmation.
3.50.050 Determination of eligibility for exemption; notice to county r � '
assessor. f %
(1) Within 30 days of the filing of an application under 3.50.040, the k
{° governing body shall determine whether the applicant qualifies for the exemption
r under 3.50.020. If the governing body determines the applicant qualifies, the ,
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governing body shall certify to the assessor of the county where the real
h property is located that all or a portion of the property shall be exempt from }-
4 taxation under the levy of the certifying governing body.
(2) Upon receipt of certification under subsection (1) of this section, the ?
j county assessor shall exempt the property from taxation to the extent certified by rr
the governing body.
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Ordinance 96- 3�
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