4. Property tax incentive-City View Fuel LLC

Incentives for New or Expanding Businesses Guideline Page 3 18. The tax incentives are valid as long as the property is used for the purposes stated in the application. If there is a change in use or project operator, a new application for the incentives must be filed with and approved by the municipality to receive the remainder of the incentives. Limitations 19. A project is not eligible for the property tax incentives if the project received a tax exemption under tax increment financing. 20. The tax exemption and the payments in lieu of taxes are limited to the new or existing buildings or structures used in the qualifying project. 21. Tax incentives may not be granted for land. 22. Payments in lieu of taxes are not eligible for the 5%discount for early payment. Procedures 23. The project operator applies to the governing body of the municipality where the potential project is to be located. If the project will be within city limits,the project operator applies to the city governing body. If the project is outside city limits, application is made to the county commission. * 24. The municipality forwards the application to the Department of Commerce, Division of Economic Development and Finance,P.O. Box 2057, Bismarck, ND 58502-2057, for its review and recommendation as to the eligibility of the project as a primary sector business. 25. Application for the property tax exemption must be made and granted prior to the commencement of construction if the project locates in a new structure. If the project locates in an existing structure, application must be made and granted before the structure is occupied. For qualifying projects,applications for payments in lieu of property taxes may be made after construction or occupancy of the structure. A representative appointed by the board of each affected school district and of each affected township is included as a non-voting member during the negotiation and deliberation of granting tax incentives. 26. The project operator publishes two notices to competitors of hearing on the application. The notices are published in the official newspaper of the city or county at least one week apart.The last notice must be published at least 15 days, but not more than 30 days, before the city or county considers the application.For example,notices published one week apart on May 1 and May 8 would be appropriate for a hearing scheduled any time between May 23 and June 7.An affidavit of publication is presented to the governing body prior to the hearing as proof of publication. Publication of notices is not required if the municipality determines that project competitors do not exist in the municipality. G-17