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HomeMy WebLinkAbout044 - 05/15/1990 - AMENDING CITY CODE RELATING TO THE WAIVER OF FEES FOR THE PURPOSE OF ECONOMIC DEVELOPMENT ORDINANCE NO. 44, 1990 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 5 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE WAIVER OF FEES FOR THE PURPOSE OF ECONOMIC DEVELOPMENT WHEREAS, the City of Fort Collins has a vital interest in the economic health of the community and in the scale, mix, diversity and quality of development in the City; and WHEREAS, the City Council believes that economic development serves an important public purpose by promoting primary and secondary jobs and generally enhancing the local economy; and WHEREAS, the rate and quality of economic development is influenced by both the intangible assets of the community and by the specific tangible incentives available to interested industries; and WHEREAS, the City can best enhance local economic opportunities for both its corporate and individual citizens by providing responsive City government and high quality, reliable municipal services, utilities and infrastructure; and WHEREAS, the City's existing policy for economic development entails a coordinated effort which utilizes the resources of the private sector and various units of government, as well as outside entities such as Colorado State University, The Chamber of Commerce, Fort Collins Inc. , and offers a comprehensive approach to business development; and WHEREAS, the City Council believes that the City's economic development focus must be broad and include economic incentives as one aspect of its overall policy, to be used only in exceptional instances and approved on a case-by-case basis; and WHEREAS, the City Council adopted Ordinance No. 91, 1989 which established the Industrial Development Incentive Program targeting smaller base industries considering relocation or expansion within the City; and WHEREAS, the Industrial Development Incentive Program enables eligible base industries to qualify for waiver of the Street Oversizing Fee in an amount not to exceed $50,000; and WHEREAS, the City Council wishes to have the flexibility to consider supplemental economic incentives in the form of additional fee waivers for larger industries on a case-by-case basis; and WHEREAS, it is the intent of the Council that such fee waivers be granted only in the case of certain industries which are exceptionally compatible with the overall policies, plans and objectives of the City and which will return to the City, in the form of increased revenues, an amount equal to or greater than the amount of the waivers. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section 1 . That Chapter 5 of the Code of the City of Fort Collins is hereby amended by adding thereto a new Article VII, which shall read as follows: Article VII. WAIVER OF 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 availability of high quality and soundly financed municipal services, utilities and infrastructure to all citizens of the city. Sec. 5-326. Fee waivers. The City Council may, on a case-by-case basis, waive the imposition of fees, which are otherwise required to be paid under the provisions of the code, for certain base industries and base industry suppliers, - as defined in Section 24-111. Sec 5-327. City Manager; authority. The City Manager may, in his or her discretion, discuss and negotiate with industries and base industry suppliers the possible waiver of fees permitted under the provisions of this Article and shall develop administrative criteria for evaluating the advisability of any such fee waivers. Sec. 5-328. Final determination by Council . The final determination as to whether a waiver of fees should be granted to a particular 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 recommendation of the City Manager, together with the results of the administrative evaluation; (2) Whether the proposed fee waiver would be generally consistent with the City's economic development goals and objectives; (3) The impact of the proposed fee waiver 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 industry or base industry supplier; and (5) The impact of the proposed fee waiver upon the overall health, safety and welfare of the citizens of the city. Sec. 5-329. Limitation. (a) No waiver of fees shall be permitted under the provisions of this article unless the City Council first determines, by resolution, that the establishment or expansion of the particular industry or base industry supplier is expected to generate, within a reasonable period of time, increased revenues to the City, in the form of taxes or otherwise, in an amount equal to or greater than the amount of the fees to be waived. The City Council may condition any such waiver of fees upon the provision of adequate security to ensure the City's recovery of the aforementioned anticipated economic return. (b) The City Council adopts by resolution a plan for reimbursing the fund into which the monies generated by the waived fees would normally be deposited. The source of funds for the reimbursement plan may be the general fund or such other appropriate fund as the City Council may identify. The reimbursement plan as adopted by the City Council shall be subject to the subsequent annual appropriation of the necessary funds. Sec. 5-330. No entitlement established. The provisions of this section shall not be construed as establishing any right or entitlement to the waiver of fees on the part of any applicant and the granting of any such waiver shall be entirely discretionary with the City Council . Introduced, considered favorably on first reading, and ordered published this 1st day of May, A.D. 1990, and to be presented for final passage on the 15th day of May, A.D. 1990 Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of May, A.D. 1990. Mtiyor A TES City Clerk