HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/15/2012 - ITEMS RELATING TO REBATES OF PROPERTY TAXES, SALESDATE: May 15, 2012
STAFF: John Voss
Jessica Ping-Small
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 22
SUBJECT
Items Relating to Rebates of Property Taxes, Sales Tax on Food, and Utilities.
A. First Reading of Ordinance No. 046, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating
to the City’s Property Tax Rebate.
B. First Reading of Ordinance No. 047, 2012, Amending Certain Sections of Chapter 25 of the City Code Relating
to the Rebate of the City’s Sales Tax on Food.
EXECUTIVE SUMMARY
The Finance Department currently administers three rebate programs for low income, senior and disabled residents.
The rebates are for Property Tax, Utilities and Sales Tax on Food which were created in 1972, 1975 and 1985
respectively.
The Finance Department is proposing the following changes to provide consistency among the rebates, allow an
increased number of residents to qualify for the Property Tax and Utility Refund and simplify the process for applicants.
An increase in the rebate amount for the Sales Tax on Food Rebate is also proposed.
Highlights of Proposed Changes to Chapter 25:
Property Tax Rebate: Change the income qualification from 30% of area median income (AMI) to 50% of AMI to
increase the number of senior and disabled residents that qualify and to align with the Sales Tax on Food rebate
income qualifications. Update the application period to August 1st through October 31st.
Utility Refund: Change the income qualification from 30% of area median income (AMI) to 50% of AMI to allow for an
increased number of senior and disabled residents to qualify and to align with the Sales Tax on Food rebate income
qualifications. Update the application period to August 1 through October 31. No Code amendment is needed to make
these changes because Code Section 26-613 states that applicants for utility rebates must meet the same
qualifications requirements as applicants for property tax rebates.
Sales Tax on Food Rebate: Update the rebate amount from $40 to $54 per member of qualifying household and index
the rebate amount moving forward to the local CPI. Update the application period to August 1 through October 31.
BACKGROUND / DISCUSSION
History
Property Tax Rebate
• Established in 1972 for low income senior (65 and over) residents
• Expanded in 1980 to include low income disabled residents
• Eligible property owners are entitled to a refund of all City property taxes paid in the preceding year
• Eligible renters are entitled to a rebate of 1.44% of rental payments for property on which City property
taxes were paid
• The 1.44% rebate for renters was the percentage of total rent at the time that resulted in a rebate amount
equal to that of property owners which was calculated at $33.33 in 1972.
• Income eligibility level updated in 1998 to 30% of the area median income (AMI) as reported by HUD on
an annual basis
May 15, 2012 -2- ITEM 22
Utility Rebate
• Established in 1975 for low income senior residents
• Program applies to owners and lessees of property for which City of Fort Collins utilities have been paid
• Amount of refund is based on average monthly residential consumption of water, wastewater, stormwater
and electric service updated annually
• Income eligibility level updated in 1998 to 30% of the area median income (AMI) as reported by HUD on
an annual basis
Sales Tax on Food Rebate
• Established in 1984 and rebate amount set at $25 per person in eligible household
• Income eligibility level updated in 1998 to 30% of the area median income (AMI) as reported by HUD on
an annual basis
• Rebate amount updated to $40 per person in 1998
• In 2005 per Council direction, staff researched and recommended changes to the income level for the
Sales Tax on Food Rebate only. The goal was to increase the number of households that qualified
• The income eligibility level was raised 50% of AMI. No discussion of raising the other rebate income levels
is evident
Summary of Current Qualifications
Residency – For all rebates the applicant must reside in the City Limits of Fort Collins prior t the commencement of
the calendar year for which application is made and at the time application is made.
Citizenship – For all rebates the applicant must fill out an Affidavit of Legal Residency form and produce proof of
identification.
Rebate Type Who Qualifies Income Qualification Amount of Rebate
Property Tax Senior and disabled
property owners and
renters
30% of AMI Equal to property tax paid
to City
Utilities Senior and disabled
property owners and
renters
30% of AMI Based on average
monthly consumption of
water, wastewater,
stormwater and electric
service
Sales Tax on Food All residents 50% of AMI $40 per member of
qualifying household
30% Income Threshold (Property Tax and Utility Rebates) - based on the U.S. Department of HUD income limits
of 30% for the Fort Collins-Loveland area median income and are as follows:
Number in Household Maximum Household Income
1 $16,350
2 $18,650
3 $21,000
4 $23,300
50 % Income Threshold (Sales Tax on Food Rebate) – based on the U.S. Department of HUD income limits of 50%
for the Fort Collins-Loveland area median income and are as follows:
Number in Household Maximum Household Income
1 $27,200
2 $31,100
3 $35,000
4 $38,850
May 15, 2012 -3- ITEM 22
Summary of Rebate Program Cost and Participation
The rebate programs have an annual average payout of $152,000 over the last five years. The Sales Tax on Food
Rebate 60% of the total amount rebated in 2011.
Historical Data
Year # of Applications Total Rebate Average Rebate
Amount
2007 1,149 $153,240 $133
2008 1,312 $167,426 $128
2009 1,284 $157,146 $122
2010 1,101 $142,510 $129
2011 1,126 $138,654 $123
Summary of 2011
Rebate Type
Rebate Type # of Applications
Qualified
Total Rebate Average Rebate
Amount
Sales Tax on Food 1126 $82,901 $74
Property Tax 86 $10,355 $120
Property Tax -
Renters
386 $22,819 $59
Utilities 368 $22,579 $61
Analysis of Proposed Changes
Based on discussions with the Finance Committee in March and further analysis, staff recommends that the income
level for the Property Tax Rebate and Utility Rebate be raised from 30% of AMI to 50% of AMI while keeping the Sales
Tax on Food Rebate at 50% of AMI. Raising the income level will provide consistency amongst the rebates and allow
additional senior and disabled families to qualify. The senior population in the Fort Collins is estimated at 10% of the
total. Reliable data on the number of low income senior and disabled households in Fort Collins is minimal. In regards
to the Sales Tax on Food Rebate, the current level of participation by families is in the 20% range. Finance is analyzing
the contributing factors for the low application rate. Staff will be looking closer at the process in 2012 to determine if
the application process is considered too onerous for the financial payout as well as doing additional outreach to
increase the participation levels.
Estimated number of Families in Fort Collins: 30,449
Based on Household of 4 30% of AMI
$23,300 max income
50% of AMI
$38,850 max income
Total # of qualifying families 3,650 5,780
In addition, staff is proposing in increase the current rebate amount for the Sales Tax on Food program from $40 to
$54. The proposed increase to $54 is based on estimates for the cost of food at home on a national level provided by
the Unites States Department of Agriculture (USDA). The USDA estimates were used in lieu of local data which was
not available. The suggested amount is also in line with the actual local Consumer Price Index (CPI) since 1998.
USDA estimates for a
family of 4
Monthly Annual
Moderate Cost Plan (USDA) $791.40 $9,496.80
Total of 2.25% Sales Tax $17.80 $213.68
2.25% Sales Tax Paid per person $4.45 $53.42
May 15, 2012 -4- ITEM 22
Recap of Proposed Changes
• Raise income level for Property Tax Rebate and Utility Rebate from 30% of AMI to 50% of AMI
• Raise Sales Tax on Food Rebate amount from $40 to $54 per person in qualified households
• Index future Sales Tax on Food Rebate amount to the local Consumer Price Index (CPI)
• Update application period for all rebates to August 1 through October 31
FINANCIAL / ECONOMIC IMPACTS
Property Tax and Utility Tax Rebate: Based on the estimated participation level the rebate amount would increase from
$56,000 to $67,000. 2011 application numbers were used as the basis for the estimate.
Sales Tax on Food Rebate: Changing the rebate amount from $40 to $54 would increase the program cost by $29,000
based on 2011 application numbers. Total cost of rebate would be $112,000.
Estimated total cost of all rebate programs combined based on proposed changes is $179,000 which is a 29% increase
over the 2011 amount of $138,654. The budgeted amount for 2012 is $171,000. If the actual rebates exceed our
projections then an additional appropriation will be requested. Offers for the 2013-2014 BFO process will be adjusted
accordingly.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BOARD / COMMISSION RECOMMENDATION
Presentation was made to the Council Finance Committee at its March 19 meeting. Discussion surrounded the
inconsistency amongst the programs and the reasoning for the various income qualifications. There was support for
the general concepts of the proposed changes.
PUBLIC OUTREACH
Outreach for the rebate programs occurs each year prior to and during the application phase. The outreach includes
the following:
• Advertisements in the Coloradoan and on Coloradoan website
• Article in the “City News” newsletter and on the back of utility bill
• Articles in local newsletters like the Aspen Club and Senior Voice
• City webpage with downloadable application
• Partnerships with local agencies such as the Larimer Food Bank, Volunteers of America, Meals on
Wheels, Larimer Health and Human Services, etc
• Application forms are distributed to the Senior Center, Aztlan Center, Utility Billing Office and the
Workforce Center
• Applications mailed out to all applicants from the prior year
In addition for 2012, Finance intends to partner with the Fort Collins Public Information Office to prepare and distribute
news releases and increase the visibility of the rebates overall.
May 15, 2012 -5- ITEM 22
ATTACHMENTS
1. Council Finance Committee minutes, March 19, 2012
2. Powerpoint presentation
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Council Audit & Finance Committee
Minutes
3/19/12
10:00 to 12:00
Council Attendees: Mayor Karen Weitkunat, Ben Manvel, Kelly Ohlson
City Staff Attendees: Darin Atteberry, John Voss, Mike Beckstead, Steve
Mason, Greg Temple, Amy Sharkey, Dee Toplyn,
Mindy Pfleiger, Dan Coldiron, Heather Shepherd
Others: Dale Adamy - Citizen
Rebate Programs--Summary and Recommendation
Staff gave a summary of the 2011 Grocery Tax, Property Tax/Rent, and Utility rebate
programs:
Total applications received 1,161
Total qualified applications
processed
1,126
Average amount rebated per
application
$123
Total Food Tax Rebate $82,901
Total Property Tax/Rent &
Utility Rebate
$55,753
Total rebate amount for 2011 $138,654
Staff also made the following recommendations for Improvements to the program
beginning in 2012:
Update Grocery Sales Tax rebate amount from $40 to $54 based on actual local CPI
since 1998
Index Grocery Sales Tax rebate to the local CPI and update annually
Update Utility rebates based on 2011 actual averages and update annually
Update City Code to reflect application filing dates of August 1, through October 31.
Document program process and details and include within Accounting Policies
Committee asked questions regarding how the two different qualifying income limits
originated, and whether data can be gathered reflecting how many eligible
households exist in Fort Collins compared to how many currently apply.
City staff will conduct research and report back to the Committee and City Council.
Staff will also prepare data to codify the following at the next Council meeting:
Annual adjustment of the dollar amount refunded for all rebates, and qualifying
income levels tied to the Consumer Price Index.
Change wording in the City Code to reference the 2011 change in application
timeframe each year from August 1 through October 31.
Staff also has plans to work with the Community and Public Information office for new
ways to promote and advertise the program(s) each year.
Audit Findings Summary
John Voss presented a summary of the findings. Finance will ensure that suggested
changes will be implemented.
Available online at http://www.fcgov.com/council/finance.php
The Committee discussed whether this level of detail is needed for the Audit Findings
going forward. Ben suggested a high degree of detail is good to have access to, but
each item may not have to be discussed individually.
The Finance staff will also revise reporting of the Audit findings so that the status of
each area is more clearly defined, such as ‘completed’, ‘in process’, etc.
1
1
Rebate Programs
Sales Tax on Food
Property Tax / Rental
Utilities
May 15, 2012
2
Program Overview
Sales Tax on Food Rebate:
– Established in 1984 – Rebate to lower income citizens
– $40 per eligible household member – last updated in 1998
Property Tax/Rental Rebate:
– Established in 1972 – Rebate to senior and disabled lower income
citizens
– City portion of applicants property tax levy
OR
– 1.44% of rental payment for year
Utility Rebate:
– Established in 1975 - Rebate to senior and disabled lower
income citizens
– Based on billing data for average monthly consumption for water,
wastewater, stormwater and electric service
ATTACHMENT 2
2
3
Program Qualifications
All Programs:
• Fort Collins Residency – prior year up to application date
• US Citizenship
Sales Tax on Food Rebate:
• Income – 50% of the Local Area Median Income per household size
Property Tax / Rental Rebate:
• Over age 65 or Disabled
• Income – 30% of the Local Area Median Income per household size
Utility Rebate
• Over age 65 or Disabled
• Customer of Fort Collins utility
• Income – 30% of the Local Area Median Income per household size
4
2011 Rebate Summary
Total Applications Received 1,161
Total Qualified Applications Processed 1,126
Average Rebate Per Application $123
Total Food Tax Rebate $82,901
Total Property Tax/Rent $33,173
Total Utility Rebate $22,570
Total Rebate For 2011 $138,654
2008 1312 $167,426 $128
2009 1284 $157,146 $122
2010 1101 $142,510 $129
2007 1149 $153,240 $133
Average Average Rebate Rebate Fairly Fairly Stable….Stable….Total Total Rebates Rebates Declining Declining
3
5
Advertising and Promotion
• Advertisements in the Coloradoan and on the Coloradoan
website
• Article in “City News” newsletter and on the back of utility
bills
• Articles in local newsletters such as Aspen Club and
Senior Voice
• Webpage with downloadable application on City Website
• Application forms are distributed to the Senior Center,
Aztlan Center, Utility Billing office, and the Workforce
Center
6
Advertising and Promotion
• Partnership with local agencies to assist in distributing
information:
• Larimer Food Bank
• Volunteers of America
• Meals on Wheels
• Catholic Charities
• Workforce Center
• Larimer Health and Human Services Department
• Plans for 2012 include working with Fort Collins Public
Information Office to prepare and distribute press releases
• Applications accepted August – October of each year
4
7
Recommended 2012 Program Update
• Adjust Sales Tax Paid on Food rebate amount from $40 to $54
and annually index to the local CPI
• Based on USDA estimated grocery expenditures of $9,496.80 for a
family of 4 per year.
• Equates to $53.42 in City sales tax per person annually
• Adjust the Income Qualification for the Property Tax/Rental and
Utility rebate to 50% of the Area Medium Income to simply
process for applicants and provide consistency
• Amend Code language for recommendations above
Estimated Estimated Annual Annual Increase Increase in in Rebates Rebates - - $$30K 30K to to $$40K 40K
ORDINANCE NO. 046, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN SECTIONS OF CHAPTER 25 OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO THE CITY’S PROPERTY TAX REBATE
WHEREAS, Chapter 25, Article II, Division 2 of the City Code authorizes rebates of City
property tax revenues to low income elderly residents and disabled residents of the City; and
WHEREAS, similarly, Chapter 25, Article II, Division 3 of the City Code authorizes rebates
of sales tax revenues to low income households in the City; and
WHEREAS, the City Council wishes to amend the provisions of these two divisions so as
to reconcile certain inconsistencies between them with regard to qualifying income levels and
administrative regulations, and to increase the amount of the sales tax rebate person per calendar
year.
NOW, THEREFORE, BET IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the definition of “Household” contained Section 25-26 of the Code of
the City of Fort Collins is hereby amended to read as follows:
Household shall mean two (2) or more persons related by blood or marriage
living together under one (1) roof. For the purposes of this provision, Anya person
who pays property taxes or rent on a home or dwelling unit shall not be considered
to be a part of anythe household other than that person's ownin the dwelling unit in
which that person resides, and shall not be considered to be part of any other
household.
Section 2. That Section 25-27 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 25-27. Purpose.
There is hereby enacted a tax refund program to provide relief from property
taxes for low-income elderly residents and disabled residents of the City. It is the
purpose of this tax refund program to refund to low-income elderly residents and
disabled residents, as defined in this Division, the City's portion of property taxes for
the preceding year which such persons have paid. This program is intended to apply
to both the owner of property who has paid such property taxes and to the lessee of
the property on which such tax has been paidapplicants who either own or lease, and
reside within, the dwelling unit for which such taxes have been paid pursuant to the
provisions of Section 25-31(a).
Section 3. That Section 25-28 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 25-28. Application for refund.
Refunds under this program shall be made to persons qualified for such
refunds upon written application made to the Financial Officer on forms to be
provided by the Financial Officer. Such applications shall be made between August
1 and DecemberOctober 31, inclusive, of each year for which a refund is to be made.
Section 4. That Section 25-29(4) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 25-29. Qualifications.
. . .
(4) The applicant household shall have an annual income which shall not
exceed thirty (30)fifty (50) percent of the area median income for the
applicable household size in the Fort Collins-Loveland metropolitan
statistical area, rounded to the nearest two-hundred-fifty-dollar
increment, up to a maximum household income of thirty (30)fifty
(50) percent of the area median income for a household of four (4),
as most recently published by the United States Department of
Housing and Urban Development as of August 1 of the rebate year.
. . .
Section 5. That Section 25-32 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 25-32. Rules and regulationsAdministration.
The Financial Officer with the approval of the City Manager shall have the power
to formulate and promulgate rules and regulations for the administration of this tax
refund program not inconsistent with the provisions of this Division.The Financial
Officer shall administer the program established by this Division and may prepare
a rebate application form, adopt rules and regulations consistent with the provisions
of this Division and audit and verify the applications submitted pursuant to this
Division. Any rebate application form shall require the claimant to verify and sign
the application under oath. The burden of proving entitlement to a rebate under this
Division is on the claimant. The Financial Officer may require reasonable
information to support the rebate application.
Introduced, considered favorably on first reading, and ordered published this 15th day of
May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 5th day of June, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
ORDINANCE NO. 047, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CERTAIN SECTIONS OF CHAPTER 25 OF THE CODE OF THE
CITY OF FORT COLLINS RELATING TO THE REBATE OF
THE CITY’S SALES TAX ON FOOD
WHEREAS, Chapter 25, Article II, Division 2 of the City Code authorizes rebates of City
property tax revenues to low income elderly residents and disabled residents of the City; and
WHEREAS, similarly, Chapter 25, Article II, Division 3 of the City Code authorizes rebates
of sales tax revenues to low income households in the City; and
WHEREAS, the City Council wishes to amend the provisions of these two divisions so as
to reconcile certain inconsistencies between them with regard to qualifying income levels and
administrative regulations, and to increase the amount of the sales tax rebate person per calendar
year.
NOW, THEREFORE, BET IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 25-48 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 25-48. Application for rebate.
Application for the sales tax rebate on food shall be made on forms to be
provided by the City. In order to qualify for such rebate, the application must be filed
between August 1 and DecemberOctober 31, inclusive, of each year for which a
rebate is requested. Only one (1) application shall be filed per household. If any
member of the household filing an application has filed a federal income tax return
for the applicable year, a copy of such income tax return must be attached to the
application.
Section 2. That Section 25-50 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 25-50. Amount of rebate.
The amount of rebate payable hereunder shall be in the sum of forty dollars
($40.)fifty-four dollars ($54.) per person per calendar year in any eligible household.
The amount of the rebate will be increased annually according to the Denver-Boulder
Consumer Price Index for Urban Consumers, as published by the Bureau of Labor
Statistics.
Introduced, considered favorably on first reading, and ordered published this 15th day of
May, A.D. 2012, and to be presented for final passage on the 5th day of June, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 5th day of June, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk