HomeMy WebLinkAbout057 - 05/17/1994 - AMENDING CITY CODE TO PERMIT THE REBATE OF FEES FOR ECONOMIC DEVELOPMENT (FAILED TO PASS ON SECOND R ORDINANCE NO. 57, 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 FEES /
FOR THE PURPOSE OF ECONOM/seondary
LOPMENT
WHEREAS, by Ordinance No. 44, 1990, thCouncil he tofore amended
Chapter 5 of the City Code to establish a prog the waiv of fees for the
purpose of economic development; and
WHEREAS, City Council continues to belie econ is development serves
an important public purpose by promoting prid se ondary jobs within the
City and generally enhancing the local econoWHEREAS, the City has heretofore relthe use of undesignated
reserves to fund the existing fee waiver proor base industries and base
industry suppliers; and
WHEREAS, the availability of such resas been severely curtailed
a v cti eColorado r +tom
under she provisions O i Article n, Section c{3 �f she Constitution;cUt iflnj and
WHER€AS, the- City Council- bel-ieAte7s- at the- foregoing fee- waiver program-
should be modified so as to provide for he rebate, rather than the waiver, of
fees, using revenues the City has actu y received in sales and use taxes from
qualifying base industries and base i dustry suppliers.
NOW, THEREFORE, BE IT ORDAIN BY THE COUNCIL OF THE CITY OF FORT COLLINS
that Chapter 5 of the Code of the ity is hereby amended to read as follows:
ARTICLE VII. REBA OF FEES FOR ECONOMIC DEVELOPMENT
Sec. 5-325. Purpose.
The general pur se of the provisions of this Article is to promote the
economic welfare f the city by enhancing local employment opportunities
and by strength ing the general economic base of the city, so as to help
ensure the av lability of high-quality and soundly financed municipal
services, uti ities and infrastructure to all citizens of the city.
Sec. 5-326 City Manager; authority.
The ity Manager may, in his or her discretion, discuss and
negoti to with base industries and base industry suppliers, as
defi d in Sec. 24-111, the possible rebate of any fees required to
be aid under the provisions of this Code and shall develop
a inistrative criteria for evaluating the advisability of any such
ebate.
Sec. 5-327. Final determination by Council .
The final determination as to whether a rebate of fees would be
granted to a particular base industry or base industry supplier
shall be made by the City Council , according to the best interests.��e,.� �LzaLQ,iv��
of the city. Factors to be considered by the City Council may
include, without limitation:
(1) The recommendations of the City Manager, together with
the results of the administrative evaluation;
(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; and
(5) The impact of the proposed rebate upon the overall
health, safety and welfare of the citizens of the city.
Sec. 5-328. Limitations.
No rebate of fees shall be permitted under the provisions of this
Article unless the proposed rebate plan is approved by the City
Council by resolution prior to the payment of the fees for which the
rebate is sought. Said 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. In no event shall the total amount of any
such rebate exceed the amount of city real property and use taxes
paid by the applicant prior to the date of the rebate.
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 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 3rd day of May, A.D. 1994, and to be presented fo al passa e n the 17th
day of May, A.D. 1994.
ayor
ATTEST:
1Aw
City Clerk
2
Passed and adopted on final reading this 17th day of May, A.D. 1994.
Mayor
ATTEST:
City Clerk
3