HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/20/1999 - FIRST READING OF ORDINANCE NO. 51, 1999, APPROPRIA F,97: ,> `',e "
AGENDA ITEM SUMMARY ITEM NUMBER: 15
DATE: April 20, 1999
• FORT COLLINS CITY COUNCIL Frank Bruno/
STAFF: Sherrie Temple
SUBJECT:
First Reading of Ordinance No.51, 1999,Appropriating Unanticipated Revenue in the Sales and Use
Tax Fund for a Rebate of Development Fees to Advanced Energy Industries, Inc.
I
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
Funds for the purpose of this rebate have been reserved in the General Fund since adoption of
Ordinance No. 102, 1995.
EXECUTIVE SUMMARY:
On July 18, 1995, Council adopted Ordinance No. 102, 1995 approving and authorizing the rebate
iof development fees associated with the construction of a 55,000 square foot manufacturing facility
for Advanced Energies, Inc. Fees were estimated to be$61,701. Council approved a rebate not to
exceed $135,000.
On October 20, 1998, Council adopted Ordinance No. 189, 1998 which amended Ordinance 102,
1995 to exclude the rebate of building permit and plan review fees,and to reduce the total maximum
rebate payment to Advanced Energy. Section 5-326 of the City Code specifically limited the rebate
of fees to impact fees and should not have included building permit or plan check fees.
On February 16, 1999, Council adopted Ordinance No. 31, 1999 terminating the Development
Impact Fee Rebate Program. However, rebates that had been previously approved for Advanced
Energy and Symbios Logic were considered to be "in process" and thus remain eligible for rebate.
The purpose of this Ordinance is to appropriate $61,701 from reserves in the General Fund for
Rebate to Advanced Energy.
DATE: April 20, 1999 2 ITEM NUMBER: 15
The fees that were originally estimated,actually paid and that are now eligible for rebate are shown
below:
Estimated Actual Fee Amount Eligible
Type of Fee Fee Fee For Rebate
Building Permit Fee $ 9,863 $ 10.170 None
Plan Check Fee 5,059 4302 None
Street Oversizing Fee 24,443 23,634 $ 23,634
Water Plant Investment Fee 20,300 12,700 12,700
Sewer Plan Investment Fee 15,100 9,100 9,100
Water Rights Requirement 14,400 9,000 9,000
Storm Drainage Fee None 7,243 7,243
Electrical Development Fee 41,893 None None
Construction Water Charge None 24 24
Total Fees $131,058 $76.173 $61,701
ORDINANCE NO. 51, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE
SALES AND USE TAX FUND FOR A REBATE OF DEVELOPMENT
FEES TO ADVANCED ENERGY INDUSTRIES, INC.
WHEREAS, by its adoption of Ordinance No. 102, 1995, the Council approved and
authorized a rebate of development fees associated with the construction of a new 55,000 square foot
manufacturing facility for Advanced Energy Industries, Inc. (A-E); and
WHEREAS,by its adoption of Ordinance No. 189, 1998, the Council amended Ordinance
102, 1995 to reduce the development fee granted in Ordinance No. 102, 1995 to comply with Section
5-326 of the City Code which specifically limits the rebate of fees to impact fees; and
WHEREAS, by its adoption of Ordinance No. 31, 1999, the Council repealed Article VII,
Chapter 5 of the City Code in order to terminate the Development Impact Fee Rebate Program,
except as applicable to Development Fee Rebates currently in process; and
WHEREAS, A-E was granted a rebate of fees prior to Ordinance No. 31, 1999; and
WHEREAS,Ordinance No. 102, 1995,required that no rebate payment be made prior to the
City receiving $300,000, which sum represents twice the estimated amount needed by the City to
maintain the public infrastructure to be constructed in the vicinity of the site over a twenty(20)year
period; and
WHEREAS, A-E has paid City fees and taxes in connection with its new facility in the
amount of$521,191, an amount well in excess of the$100,000; and
WHEREAS, the total amount of development fees to be rebated to A-E is $61.701; and
WHEREAS, the funds necessary to pay said rebate amount are available in Prior Year
Reserves in the General Fund; and
WHEREAS, Article V, Section 9 of the City Charter, permits the Council, upon
recommendation of the City Manager, may appropriate by ordinance at any time during the fiscal
year such funds for expenditure as may be available from reserves accumulated in prior years,
notwithstanding that such reserves were not previously appropriated.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from Prior Year Reserves in the General
Fund the sum of SIXTY ONE THOUSAND SEVEN HUNDRED AND ONE DOLLARS($61,701)
for the rebate of development fees to Advanced Energy Industries, Inc.
Introduced and considered favorably on first reading and ordered published this 20th day of
April, A.D. 1999, and to be presented for final passage on the 4th day of May, A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of May, A.D. 1999.
Mayor
ATTEST:
City Clerk