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City of Aberdeen – Ordinance No. 24-07-01


CITY OF ABERDEEN

ORDINANCE NO. 24-07-01

AN ORDINANCE AMENDING CHAPTER 50 – TAXATION OF THE ABERDEEN CITY CODE REGARDING THE

DOWNTOWN BUSINESS IMPROVEMENT DISTRICT TAX

 

WHEREAS, the City Council of the City of Aberdeen is charged with protecting the health, safety, and property of its citizens; and

WHEREAS, the City Council has determined that the general occupation tax for the downtown business improvement district should be amended.

BE IT ORDAINED BY THE CITY OF ABERDEEN, SD, THAT THE FOLLOWING CHANGES AND ADDITIONS SHALL BE MADE TO THE ABERDEEN CITY CODE:

  1. Sec. 50-43 of Chapter 50 – TAXATION is hereby amended with underline indicating text to be added and strikethrough indicating text to be deleted and the remainder to be left unaffected:

Sec. 50-43.  Downtown business improvement district tax.

(a)        Occupation tax.  The real property in the downtown business improvement district shall be subject to an annual general occupation tax upon the businesses or users of space at the rate of $0.06 per square foot of the property according to the footprint of the property owned and used within the district. A change in the rate of the occupation tax may, not more frequently than annually, be made by resolution upon notice and hearing as provided by law.

(b)        Exempt uses.  The following uses of real property shall be exempted from the occupation tax, but the owner may voluntarily agree to support the downtown business improvement district by paying the amount that would be assessable:

(1)        Property determined by the director of equalization to be exempt from taxation under state law.

(2)        Property owned and operated by a political subdivision of the United States government, the state, or any of its political subdivisions.

(3)        Property that is solely residential (owned and occupied by the owner without any other uses) and not used as rental property, except if a mixed use occurs on the property and can be separated based upon the footprint of the use, then the portion of the footprint attributable to nonresidential use shall be assessable.

  1. Severability.  The provisions of this ordinance are severable.  If any provision of this ordinance or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application.
  2. Effective Date.  The City Finance Officer shall cause this ordinance to be published in the official newspaper in clean text with all deletions and additions incorporated therein and footnotes omitted.  This ordinance shall become effective twenty (20) days after the completed publication unless the referendum is invoked.

First Reading: August 5, 2024, Second Reading: August 19, 2024, Final Adoption: August 19, 2024, Published: August 21, 2024, Effective Date: September 10, 2024

/s/ Travis Schaunaman, Mayor, ATTEST: /s/ Jordan McQuillen, Finance Officer

Published once on August 22, 2024, at the total approximate cost of $35.56 and may be viewed free of charge at www.sdpublicnotices.com and www.aberdeeninsider.com