§ 4.64.036. Additional exemption - The Evergreen Specific Plan Fire and Housing Incentive Zone.

A.

The tax as imposed under this chapter shall be collected with respect to the construction of any structure within the area designated as the Evergreen Specific Plan Fire and Housing Incentive Zone until the city council has received and, by resolution, accepted an irrevocable commitment of private funding for the full construction of a fire station within the Evergreen Specific Plan Area. Thereafter, the provisions of Section 4.64.036.B. and C. shall apply.

B.

After the date of resolution of acceptance, the collection of the tax imposed under this chapter, to the extent not already suspended by other provisions, shall be suspended and the tax shall not be collected with respect to the construction of dwelling unit or units within that area designated as the "Evergreen Specific Plan Fire and Housing Incentive Zone" on that certain map entitled "Evergreen Specific Plan Fire and Housing Incentive Zone," dated October 27, 1992, on file in the office of the city clerk of the City of San José, which map is incorporated herein by reference.

C.

All taxes imposed under this chapter with respect to the construction of any dwelling unit or units within the Evergreen Specific Plan Fire and Housing Incentive Zone which have been collected from October 27, 1992, to the date of resolution of acceptance shall thereafter be refunded to the person who has paid the tax. Any refund shall, at the discretion of the director of finance, be in the form of a credit against any assessment or other obligation of the person paying the tax, or a cash refund.

D.

The suspension of the collection of taxes as hereinabove provided shall not be deemed to require the refund of any such taxes paid to the City of San José prior to October 27, 1992.

E.

This section shall be effective until January 1, 2003.

(Ord. 24213.)