HomeMy WebLinkAbout097 - 01/04/1973 - ESTABLISHING A TAX REFUND PROGRAM FOR LOW INCOME ELDERLY RESIDENTS IN CONNECTION WITH THE CITY'S POR .s
ORDINANCE NO 77 1972
BEING AN ORDINANCE ESTABLISHINTA TAX REFUND PROGRAM FOR LOW
INCOME ELDERLY RESIDENTS IN CONNECTION WITH THE CITY'S PORTION
OF PROPERTY TAXES ASSESSED, SETTING FORTH THE REQUIREMENTS FOR
QUALIFICATION FOR SUCH REFUND THE AMOUNT TO BE REFUNDED
AUTHORIZING THE DIRECTOR OF FINANCE TO ADOPT REGULATIONS,
AND SETTING FORTH DETAILS IN RELATION THERETO
WHEREAS, heretofore the City Council appointed the Coordinating
Commission for Senior Citizens and
WHEREAS such commission has made a study and has recommended to
the Council that a program be instituted providing for the refund of the
City s portion of property taxes to low income elderly residents of the
City and
WHEREAS the City Council has studied the report of the Coordinating
Commission for Senior Citizens and is of the opinion that the property
tax burden on residents of the City falls most heavily on low income elderly
residents of the City and
WHEREAS the City Council as a result of said study and investiga
tion is of the opinion that members of such group should be given some
relief from the tax burden by means of refunding to them the City's portion
of the property taxes
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS
Section 1 There is hereby enacted a Tax Refund Program to provide
relief from property taxes for low income elderly residents of the City
It is the purpose of this Tax Refund Program to refund to low income elderly
residents of the City as defined in this ordinance 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 property on which such tax
has been paid
Section 2 Refunds under this program shall be made to persons
qualified for such refund upon written application therefor made to the
Director of Finance of the City of Fort Collins on forms to be provided
by the Director of Finance Such applications shall be made between August
1 and October 15 inclusive of each year for which a refund is to be made
Section 3 In order to be entitled to a refund under this program
the applicant for such refund must meet all of the following requirements
A The applicant or his spouse if they live together
must be 65 years of age or older by August 1 of the year in which
the application is submitted No more than one application shall be
submitted or acted upon in connection with any single property in
the City
B The applicant must be a resident of the City at the
time of submitting the application and must have been a resident
of the City during the preceding year when the property tax was
assessed
C The applicant must have paid property taxes assessed
in the previous year on a dwelling which he owned and in which
he lived or the applicant, in the alternative must have paid
rent in the previous year when the taxes were assessed for the
dwelling unit or portion thereof in which he lived
D If the applicant was not a member of a household
during the preceding year when the taxes were assessed his
income for such year must have been no greater than $4 000 00,
or if the applicant was a member of a household during the preced
ing year when such taxes were assessed, the combined income of
all members of the household must have been no greater than
$4 500 00 for such preceding year
Section 4 If the applicant meets the requirements of this or
dinance the City shall refund to him an amount based upon the following
A In the case of an owner of a dwelling unit that portion
of the total property tax actually paid on the property which
was levied by the City for the preceding year
B In the case of a person renting property on which
city property taxes were paid in the preceding year an amount
equal to 1 44 per cent of the rental payments made by such apple
cant during the preceding year
C In the event an applicant owns his own dwelling unit
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and pays taxes thereon for only a portion of a year, the refund
shall be only for the pro rata amount of such city taxes represent
nng the portion of such year during which the applicant owned
his own dwelling unit and paid taxes thereon as compared to the
entire such year
D An applicant may be entitled to a refund based on
the foregoing provisions for such qualifying dwelling unit in
which he lived at different tunes during such year but in no
event shall he be entitled to a refund representing more than
one dwelling unit for a particular time period
Section 5 The City of Fort Collins shall make tax refunds pur
suant to this ordinance only directly to the applicant who qualifies therefor
and refunds shall not be paid to anyone other than the applicant himself
In the event an applicant dies prior to receiving or cashing a refund pur
suant hereto, any check representing such refund shall be null and void
and such refund shall not become an asset of the decedent's estate In
the event however the decedent is survived by a spouse who would be quali
fled as an applicant for such refund the City will honor an application for
a refund by such surviving spouse even though the application is not
timely made in accordance with the provisions of this ordinance
Section 6 In construing this ordinance, the following words and
i
terms shall be deemed to have the following meanings
A Household shall mean two or more persons related by
blood or marriage living together under one roof Any person who
i
i
pays property taxes or rent on a home or dwelling unit shall not
be considered to be a part of any household other than his own
B Income shall mean ad3usted gross income as shown on
the Federal Income Tax Return for the applicant for the applicable
year provided that if such applicant did not have sufficient income
to require the filing of such return he shall be permitted to
establish his income by affidavit showing that such return was
not required because of low income
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C Owned shall mean possessed of the legal incidents of
ownership irrespective of whether the applicant's name appears
on the recorded deed for the property
Section 7 The director of Finance, 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 inconsis
tant with the provisions of this ordinance
Section 8 It is hereby declared to be the legislative intent of
the City Council that the several provisions of this ordinance shall be
severable and if any part section, sub section sentence clause or phrase
of this ordinance is for any reason held to be invalid such decision
shall not affect the remaining portions of this ordinance and the City Council
hereby declares that it would have passed this ordinance and each part,
section, subsection, sentence clause and phrase hereof irrespective of
the fact that any one or more parts sections subsections sentences
clauses or phrases be declared invalid
Section 9 All ordinances or parts of ordinances in conflict or
inconsistant herewith are hereby repealed
Introduced, considered favorably on first reading and ordered
published this 14th day of December, A D 1972 and to be presented for
final passage on the 4th day of January A D 1973
yor
ATTEST
az
City Clerk
Passed and adopted on final reading this 4th day of January
A D 1973
or
ATTEST/
City Clerk
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