(A) The City of Bellevue receives applications by parties interested in proceeding with projects pursuant to Nebraska’s Community Development Law, Neb. RS §§ 18-2101 to 18-2144, as supplemented by Neb. RS §§ 18-2147 to 18-2153. The City of Bellevue Planning Department has been assigned the responsibility of receiving applications, reviewing the applications, processing the applications, preparing the applicable plans and agreements, and preparing any other documents necessary to administer any redevelopment plan under the Community Development Law which provides for the division and allocation of ad valorem taxes pursuant to Neb. RS § 18-2147 (hereinafter referred to as “tax increment financing” or TIF). The City of Bellevue Finance and Public Works Departments, and the Bellevue Planning Director and city attorney, have been assigned the responsibility of reviewing various applications and of assisting in the administration of any award of tax increment financing, as necessary and appropriate. The Bellevue City Attorney has been assigned the additional responsibility of assisting in the negotiation and preparation of various documents required to award tax increment financing. In order to offset personnel costs incurred by or at the direction of the City of Bellevue as a result of the applications received for tax increment financing, the City of Bellevue herein creates a fee structure for projects of that nature.
(B) Prior to the time that any of the following activities occur, any party pursuing or seeking tax increment financing shall pay the following fees:
(1) Upon the submission of a redevelopment plan to the City of Bellevue Planning Department for tax increment financing, the applicant shall submit an application fee in the amount stated in the Master Fee Schedule. This fee shall help offset the costs incurred for reviewing the redevelopment plan by the planning department and those other departments assigned by the city administrator to review the redevelopment plan.
(2) After the redevelopment plan for tax increment financing is approved for statutory compliance by the planning department and those other departments assigned by the city administrator to review the document, the applicant shall submit a processing fee in the amount stated in the Master Fee Schedule if the applicant wishes the redevelopment plan to be further considered. Such fee shall be submitted prior to the City of Bellevue processing a redevelopment plan, redevelopment agreement, or any other document pursuant to the proposed redevelopment plan. If such fee is not paid for a period of nine months after notification of statutory compliance approval of the redevelopment plan by the City of Bellevue Planning Department, such redevelopment plan shall be deemed abandoned, and the application fee shall be forfeited.
(3) In the event the City of Bellevue approves a redevelopment agreement authorizing tax increment financing, the person or organization receiving the TIF grant shall pay an administrative fee upon grant of TIF proceeds, in whatever form, based upon the calculation in the Master Fee Schedule. The grant of TIF proceeds upon which an administrative fee is levied shall be reduced by the cost, as itemized in the redevelopment agreement, of any specific amount committed for specific public improvement adjacent to, but not located on, the redevelopment site. (Any amount contributed to any fund to revitalize an area generally shall not reduce the amount of TIF proceeds upon which an administrative fee is charged.) Such fee shall offset the city’s costs in preparing the various documents and agreements as well as the ongoing administration incurred for the 15-year report period and shall be considered a TIF eligible expense. When any redevelopment agreement is amended to increase the amount of the TIF principal amount, an additional fee shall be due only on the difference between the original TIF principal amount and the new TIF principal amount.
(4) If at any time, the balance of the TIF fees collected by the city and on hand at a given time are in excess of the amount of funding necessary to finance the expenses contemplated and paid by these fees for the following two fiscal years, the city planning director shall review the fee structure and report to the city council and mayor as to whether the fee structure should be revised.
(Ord. 3537, § 1, passed 10-26-2009; Ord. 3549, § 1, passed 11-23-2009)