HomeMy WebLinkAbout123 - 08/16/1994 - AMENDING CITY CODE TO PERMIT THE REBATE OF IMPACT FEES FOR THE PURPOSE OF ECONOMIC DEVELOPMENT ORDINANCE NO. 123, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE VII OF CHAPTER 5 OF THE CODE OF THE
CITY OF FORT COLLINS SO AS TO PERMIT THE REBATE OF IMPACT FEES
FOR THE PURPOSE OF ECONOMIC DEVELOPMENT
WHEREAS, by Ordinance No. 44, 1990, the City Council previously amended
Chapter 5 of the City Code to establish a program for the waiver of fees for the
purpose of economic development; and
WHEREAS, City Council has determined that economic development serves an
important public purpose by promoting primary and secondary jobs within the City
and generally enhancing the local economy; and
WHEREAS, the City has heretofore relied upon the use of undesignated
reserves to fund the existing fee waiver program for base industries and base
industry suppliers; and
WHEREAS, the availability of such reserves has been severely curtailed
under the provisions of Article X, Section 20, of the Colorado Constitution; and
WHEREAS, the City Council believes that the foregoing fee waiver program
should be modified so as to provide for the rebate, rather than the waiver, of
fees,- using revenues the City has actually received in property, sales and use
taxes from qualifying base industries and base industry suppliers; and
WHEREAS, Council further believes that certain procedural safeguards should
be incorporated into the rebate program to ensure that any firm receiving a
rebate of fees generates sufficient tax revenues to warrant such rebate.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that Chapter 5 of the Code of the City is hereby amended to read as follows:
ARTICLE VII. REBATE OF IMPACT FEES FOR ECONOMIC DEVELOPMENT
Sec. 5-325. Purpose.
The general purpose of the provisions of this Article is to
promote the economic welfare of the city by enhancing local
employment opportunities and by strengthening the general economic
base of the city,- so- as to help- ensure_ the av-a-il&il-itv of high-
quality and soundly financed municipal services, utilities and
infrastructure to all citizens of the city.
Sec. 5-326. City Manager; authority.
The City Manager may, in his or her discretion, discuss and
negotiate with base industries and base industry suppliers, as
defined in Section 24-111 , the possible rebate of any impact fees
required to be paid under the provisions of this Code. For the
purposes of this Article, impact fees shall mean any fees imposed by
the City to defray the cost of new street improvements or other
infrastructure which may be necessary to serve the operations of the
base industry or base industry supplier.
Sec. 5-327. Final determination by Council .
The final determination as to whether a rebate of impact fees
will be granted to a particular base industry or base industry
supplier shall be made by the City Council , according to the best
interests of the city. Factors to be considered by the City Council
may include, without limitation:
(1) The recommendations of the City Manager, based upon a
criteria developed by the City Manager;
(2) Whether the proposed rebate would be generally
consistent with the city's economic development goals
and objectives;
(3) The impact of the proposed rebate upon the financial
welfare of the city and the provision of municipal
services;
(4) The anticipated financial returns to the city from the
proposed operations of the particular base industry or
base industry supplier;
(5) The impact of the proposed rebate upon the overall
health, safety and welfare of the citizens of the city;
and
(6) Whether the base industry or base industry supplier is
committed to satisfactorily mitigating any adverse
environmental impacts of its operation, and is further
committed to the training and human resource development
of its work force.
Sec. 5-328. Limitations.
(a) No rebate of impact fees shall be permitted under the
provisions of this Article unless the proposed rebate plan, and the
appropriation of funds therefor, is approved by the City Council by
ordinance prior to the payment of the fees for which the rebate is
sought. Said rebate plan shall specify the amount of the rebate and
the maximum period of time during which the rebate payments will be
made to the applicant.
(b) As part of the ordinance approving any rebate plan under
this Article, the City Council shall determine the total estimated
direct cost which may be incurred by the city over the ensuing
twenty (20) year period for the construction and maintenance of any
new street improvements or other infrastructure which may be
necessary to serve the operations of the base industry or base
industry supplier which has applied for the rebate. No rebate plan
shall be approved by the City Council unless the estimated amount of
real property, personal property, and sales and use taxes to be paid
to the city by said applicant over said twenty (20) year period is
at least twice the amount of the city's estimated infrastructure
costs.
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(c) No rebate payment shall be made by the city under an
approved rebate plan until the city has received from the applicant
real property, personal property, and sales and use taxes totalling
twice the amount of the estimated infrastructure cost referred to in
subparagraph (b) above.
Sec. 5-329. No entitlement established.
The provisions of this Article shall not be construed as
establishing any right or entitlement to a rebate of any impact
fees on the part of any applicant. The approval of any rebate plan
shall be entirely discretionary with the City Council , and the
actual rebate of fees under an approved plan shall be subject to
annual appropriation.
Introduced, considered favorably on first reading, and ordered published
this 2nd day of August, A.D. 1994, and to be presented for final pass on the
16th day of August, A.D. 1994.
AT)�EST: yor
r
City Clerk
Passed and adopted on final reading this 16th o August, 994.
Mayor
ATTEST:
City Clerk lv
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