12.30.015 Criteria for Exemption.
The City Council shall approve a property tax exemption under this chapter if all of the criteria below are satisfied:
A. The property is owned or being purchased by a corporation described in Section 501(c)(3) or (c)(4) of the Internal Revenue Code that is exempt from income taxation under Section 501(a) of the Internal Revenue Code, and, upon liquidation, the assets of the corporation are required to 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 taxation and operated exclusively for religious, charitable, scientific, literary or educational purposes or to the State of Oregon.
1. For purposes of this subsection (A)(1), a corporation that only has a leasehold interest in property is deemed to be a purchaser of that property if:
a. The corporation is obligated under the terms of the lease to pay 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.
2. A partnership shall be treated the same as a corporation to which this section applies if the corporation is:
a. A general partner of the partnership; and
b. Responsible for the day-to-day operation of the property that is the subject of the exemption.
B. The property is:
1. Occupied by low-income persons or held for the purpose of developing low-income housing;
2. At the time of application, and throughout the period of exemption, maintained in a safe and habitable condition; and
3. Located in the Bend City limits.
C. The property or portion of the property receiving the exemption is actually and exclusively used for the purposes described in Section 501(c)(3) or of the Internal Revenue Code.
D. The corporation:
1. Is not presently debarred, suspended, proposed for debarment, or declared ineligible by any Federal or State agency;
2. Has not, within the three-year period preceding the application, been convicted of or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract under a public transaction; or been convicted of any Federal or State statutes of embezzlement, theft, forgery, bribery, falsification, destruction of records, making false statements, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty; and
3. Is not presently indicted for or otherwise criminally or civilly charged by a Federal, State, or local government entity with commission of any of the offenses enumerated in subsection (A)(5)(b) of this section. [Ord. NS-2446, 2022]