HomeMy WebLinkAbout045 - 05/02/1995 - AMENDING CITY CODE CONCERNING A CREDIT AGAINST THE PERSONAL PROPERTY TAX INCREMENT DUE FROM LARGE BA ORDINANCE NO. 45, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE 11 OF CHAPTER 25 OF THE CODE
CONCERNING A CREDIT AGAINST THE PERSONAL PROPERTY TAX INCREMENT
DUE FROM LARGE BASE INDUSTRIES IN ENTERPRISE ZONES /
WHEREAS, the City of Fort Collins has an adopted economic development policy that
indicates that the retention oC base iuklustrial limos is critical to the overall prosperity of the
community; and /'
WHEREAS, the 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, base industrial firms provide important ployment and professional
opportunities for citizens of Fort Collins; and 7
WHEREAS,these firms also contribute to,and are important element of,the cotmnunity's
human resource and social fabric; and
WHEREAS, it is the policy of the Cou/ent
ity of Fort Collins to periodically review
and evaluate the City's financial and economi policies in terms of their relevance to
current community values, and the locationAecisions of large manufacturing business; and
WHEREAS, during the cours of this review, City Council believes it is important to
consider-additional information and to relative-to the-sales; use and real and personal property tax
structures of the City as they app to large base industries; and
WHEREAS, Title , Article 30, Section 107.5(1) of the Colorado Revised Statutes
authorizes any municipa 'ty to negotiate with qualifying taxpayers within an enterprise zone
incentive payments or edits, so long as such payments or credits do not exceed certain defined
limits; and
WHE - S, it is appropriate for the City Council to consider on a case-by-case basis,
approving a c dit of up to ninety percent (90%) of the incremental increase in taxes levied on the
personal p perty of large base industries in an enterprise zone as an economic incentive to the
location r expansion of such industries in Fort Collins; and
WHEREAS, it is reasonable for the credit to be extended for a period of no more than five
(5 years because the depreciation on taxable personal property averages approximately twenty
percent (20%) per year.
NOW,THEREFORE, BE IT ORDAINED-BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
-�o PGss
Section 1. That Article Il of Chapter 25,of the Code of the City of Fort Collins is hereby
amended by the addition of Division IV to read as follows:
DIVISION IV. CREDIT AGAINST PERSONAL PROPERTY TAX DUE
FROM LARGE BASE INDUSTRY IN AN ENTERPRISE
ZONE.
Sec. 25-53 City Manager Authority.
The.City Manager may, in his or her discretion, discuss and negotiate with any
Large Base Industry that is located,or that intends to locate, within an enterprise
zone established pursuant to Article 30 of Title 39, C.R.S., a credit to be applied
against the amount of City taxes le.=ied upon the taxable personal property of such
Large Base Industry. In no instance shall such negotiation result in a credit that is
greater than ninety percent (90%a) of the difference between the current personal
property tax liability and the tax liability for the same personal property for the year
preceding the year in which the enterprise zone was established. No such credit shall
be,approved for more than five (5)years.;
Sec.25-54 Final Determination by Council.
The final determination as to whether a personal property tax credit will be granted
to a particular Large Base Industry shall be made by the City Council, according:to
the best interest of the city, and shall be reflected in a written agreement and shall not
exceed the limits set forth in Section 25-53 above. Factors to be considered by the
City Council may include, without limitation;
(1) Whether the proposed,credit would be generally consistent with the,eitys
economic development goals and objectives;
(2) The impact of the proposed credit upon the financial welfare of the city and
the provision of municipal services;
(3) The anticipated:financial return to the city from the proposed operations of
the particular Large Base Industry;
(4) The impact of the proposed credit upon the overall health;;safety and welfare
of the citizens of the city;
(5) Whether the Large Base hidustry 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; and
(6) The recommendation of the City; Manager, based upon any additional''criteria
developed by the City Manager.;
Sec. 25-55 Definition of Large Base Industry,
For the purposes of this Division,Large Base Industry shall mean a firm that: (1)
produces or will produce,manufactured goods, at least eighty (80)percent of which
are, or will be,produced for export to areas outside of the city; (2) employs, or will
employ, no fewer than one hundred persons for at least thirty-five(35)hours of year-
round employment per week; and (3) owns or leases, or will own or lease, real
property or equipment within the city limits that is used in the operation of the firm's
business and that has, or will have, as of the date of the commencement of the firm's
operation, a fair market value of no less than one hundred million dollars
($100 000,000). The firm must also qualify for a credit pursuant to Section 39-30-
105 C.R.S., as amended..
See25-56 No entitlement established.
The provisions of this Article shall not,be construed as,establishing any right or
entitlement to a waiver of any personal property tax on the part of any applicant. The
approval of any waiver shall be entirely discretionary with the City Council.
Introduced, considered favorably on first reading, and ordered published this 18th day of
April, A.D. 1995, and to be presented for final passage on the 2nd day of May, A.D. 1995.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of May, A.D. 1995.
Mayor
ATTEST:
City Clerk