77-1030 Application; form; contents; confidentiality; fee; municipality; duties; certification; written agreement; contents; modification. - Nebraska Statutes

77-1030. Application; form; contents; confidentiality;fee; municipality; duties; certification; written agreement; contents; modification.(1) In orderto utilize the incentives set forth in the Nebraska Advantage TransformationalTourism and Redevelopment Act, the taxpayer shall file an application, ona form developed by an association of municipalities organized statewide,requesting an agreement.(2) The applicationshall contain:(a) A written statement describing the plan of employment and investmentfor a qualified business in this state;(b) Sufficient documents, plans, and specificationsas required by the municipality to support the plan and to define a projectand a feasibility study. The plans shall include evidence that demonstratesthat the project is feasible only with the incentives provided by the act;(c) A nonrefundableapplication fee of two thousand five hundred dollars; and(d) A timetableshowing the expected local option sales tax refunds and what year they areexpected to be claimed.The application and all supporting information shall be confidentialexcept for the name of the taxpayer, the location of the project, and theamounts of increased employment and investment.(3) An application mustbe complete to establish the date of the application. An application shallbe considered complete once it contains the items listed in subsection (2)of this section, regardless of the municipality's additional needs pertainingto information or clarification in order to approve or not approve the application.(4) The municipalityshall conduct an internal review of the feasibility study. If the municipalitydetermines that the feasibility study demonstrates that the project can meetthe requirements of the act, then the municipality shall conduct its own studywith an independent third party, the cost of which shall be paid in full bythe applicant. The cost of the study required under this subsection shallbe in addition to the fee required under subsection (2) of this section. Thepurpose of the study is to verify or nullify the results of the feasibilitystudy provided by the applicant. Additionally, the study shall examine theability of the applicant to meet the requirements of the act. The study shallmake a recommendation to the municipality on whether to proceed with the projector not.(5) Once satisfiedthat the plan in the application defines a project consistent with the purposesstated in the Nebraska Advantage Transformational Tourism and RedevelopmentAct in one or more qualified business activities within this state, that thetaxpayer and the plan will qualify for incentives under the act, and thatthe required levels of employment and investment for the project will be metprior to the end of the fourth year after the year in which the applicationwas submitted, the municipality shall certify the application. Certificationshall require approval by a majority vote by the members of the governingbody of the municipality.(6) After certification, the taxpayer and the municipality shallenter into a written agreement. The taxpayer shall agree to complete the project,and the municipality shall designate the approved plan of the taxpayer asa project and, in consideration of the taxpayer's agreement, agree to allowthe taxpayer to use the incentives contained in the Nebraska Advantage TransformationalTourism and Redevelopment Act. The application, and all supporting documentation,to the extent approved, shall be considered a part of the agreement. The agreementshall state:(a) The levels of employment and investment required by the actfor the project;(b) The time period under the act in which the required levelsmust be met;(c) The documentation the taxpayer will need to supply when claimingan incentive under the act;(d) The date the application was filed; and(e) A requirementthat the company update the municipality annually on any changes in plansor circumstances which affect the timetable of local option sales tax refundsas set out in the application. If the company fails to comply with this requirement,the municipality may defer any pending local option sales tax refunds untilthe company does comply.(7) A taxpayer and a municipality may enter into agreements formore than one project and may include more than one project in a single agreement.The projects may be either sequential or concurrent. A project may involvethe same location as another project. No new employment or new investmentshall be included in more than one project for either the meeting of the employmentor investment requirements or the creation of incentives. When projects overlapand the plans do not clearly specify, then the taxpayer shall specify in whichproject the employment or investment belongs.(8) The taxpayer may requestthat an agreement be modified if the modification is consistent with the purposesof the act and does not require a change in the description of the project.Once satisfied that the modification to the agreement is consistent with thepurposes stated in the act, the municipality and taxpayer may amend the agreement.(9) The agreementshall include performance-based metrics to insure compliance with the act. SourceLaws 2010, LB1018, § 30.Effective Date: July 15, 2010