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Home My WebLink About131 - 10/17/2017 - APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE AVAGO WIRELESS TECHNOLOGIES (U.S. (2)ORDINANCE NO. 131, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE AVAGO WIRELESS TECHNOLOGIES (U.S.A.) MANUFACTURING, LLC FOR USE TAXES AND BUSINESS PERSONAL PROPERTY TAXES AS PROVIDED IN BUSINESS INVESTMENT AGREEMENTS WHEREAS, the City of Fort Collins ("City") and Avago Wireless Technologies (U.S.A.) Manufacturing, LLC ("Avago") have previously entered into that certain "Business Investment Agreement For Economic Development Related to Avago Technologies Building 4 Retrofit' dated July 25, 2012 (the "2012 Agreement') and that certain "Business Investment Agreement for Economic Development Related to Avago Technologies Building 4 Retrofit for New FBAR Clean Room Facility" dated June 5, 2013 (the "2013 Agreement'); and WHEREAS, the 2012 Agreement and 2013 Agreement shall be hereinafter be referred to 1 jointly as the "Agreements"; and WHEREAS, the 2012 Agreement was approved by City Council on July 19, 2011, in Resolution No. 066, 2011, and the 2013 Agreement was approved by City Council on October 16, 2012, in Resolution No. 096, 2012; and WHEREAS, the 2012 Agreement provides certain business investment assistance to Avago for the retrofit of its Building 4 for a new wafer fabrication facility and the 2013 Agreement provides similar assistance to Avago for the retrofit of its Building 4 for a new FBAR clean room facility; and WHEREAS, the Agreements provide that Avago is eligible for reimbursement from the City for the following paid by it to the City, subject to certain limitations: (1) Use Tax on new Eligible Equipment, and (2) Business Personal Property Tax on Eligible Manufacturing Equipment; and WHEREAS, under the Agreements, Avago can apply for reimbursement biannually for both rebates; and WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate process; and r WHEREAS, staff is requesting an appropriation of $397,716 from prior year reserves in the General Fund to reimburse Avago in accordance with the Agreements; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff have determined that the appropriations as described herein are available and previously unappropriated in the General Fund. 1- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of THREE HUNDRED NINETY-SEVEN THOUSAND SEVEN HUNDRED SIXTEEN DOLLARS ($397,716) to reimburse Avago for Use Tax and Business Personal Property Tax as required by the Agreements. Introduced, considered favorably on first reading, and ordered published this 3rd day of October, A.D. 2017, and to be presented for final passage on the 17th day of October, A.D. 2017. ayor ATTEST: G1C(A/Ist City CloWk oio eo0 Passed and adopted on final reading on the 17th day of October, A.D. 2017. Mayor ATTEST: OF FOR)- SEA z City Ci 2- n Account it:FTC-003160 fl FORT’COLLINS ULORMOAN STATE OF COLORADO ss AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER NOTICE IS HEREBY GIVEN that the Fart Callins City Council,an Tuesday, Octaber 3,2017,passed and adapted the following ordinances on first reading These ordinances will be presented far final passage On October 17,2017 ORDINANCE NO 130,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE SERVES AND UNANTICIPATED REVENUE IN VAR IOUS CITY FUNDS AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN FUNDS OR PROJECTS ORDINANCE NO 131,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE SERVES IN THE GENERAL FUND TO REIMBURSE AVAGO WIRELESS TECHNOLOGI~S CU S A) MANUFACTURING,LLC FOR USE TAXES AND BUSINESS PERSONAL PROPERTY TAXES AS PROVIDED IN BUSINESS INVESTMENT AGREEMENTS ORDINANCE NO 132,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMEN6ING CHAPTER 75 OF THE CODE O~‘rHE CITY OF FORT COLLINS REGARDING THE IMPOSI TION OF THE CAPITAL EXPANSION FEES ADOPTED IN OR DINANCE N9~04~,20]) ~The full text of these ard,nances cat,befaundathttp//fcgav camtpubllcnatices or by calling the City Clerk’s Office at 970 221 6515 2458702 Caloradoan Oct 5.2017 Legal No.0002458702 Delivered to: CITY OF PC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday Oclober9 2017 Invoice Text NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on ‘1 I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement of which the annexed is a true copy,has been published in said daily newspaper for I Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof;that the first publication of said notice was contained in the issue of said newspaper on Sunday,October 8,2017 that the last publication thereof was contained in the issue of said newspaper on Suaday,October 8,2017 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879,or any amendments thereof;and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. (9 Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Monday,October 09,2017 My Commission expires September 3,2019 My Idenilcalion 420154035099 Expires September V ~Notary Public 9:40 an n C..! Account It:FTC-003160 ]FORT’COLLINSCoLo~’o~ STATE OF COLORADO 55:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper for 1 Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publicatioa of said notice,and in the newspaper proper and not in a supplement thereof~ that the first publication of said notice was contained in the issue of said newspaper on Sunday,October 22,2017 that the last publication thereof was contained in the issue of said newspaper on Sunday,October 22,2017 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879,or any amendments thereof and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Loga I C ic,Ic Subscribed and sworn to before me,within the County of Larimer,State of Colorado this Monday,October 23,2017 f’l~i~~A~OF COLORADO My Commission expires September 3,2019 anfl~afiori#20154035099 Legal No.0002483471 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit Prepared FORT COLLINS,CO 80521 Monday,October 23,2017 Invoice Text NOTICE IS 1-IEREI3Y GIVEN that the Fort Collins City Council,on 9 NOTICES HEREBY GIVEN that the Fart Collins City Cauncil,an Tuesdoy,october 17,2017,passed end adapted the following ardlnonces on second reading ORDINANCE No iso,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE SERVES AND UNANTICIPATED REVENUE IN VAR IOUS CITY FUNDS AND AUTHORIZING THE TRANSFER OF APPROPRIATED AMOUNTS BETWEEN FUNDS OR PROJECTS ORDINANCE NO 131,2017 OF THE COUNCIL OF THE CITYOF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVESINTHEGENERALFUND TO REIMBURSE AVAGO WIRELESS TECHNOLOGIES (USA) MANUFACTURING,LLC FOR USE TAXES AND BUSINESS PERSONAL PROPERTY TAXES AS PROVIDED IN BUSINESS INVESTMENT AGREEMENTS ORDINANCE NO 132,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 75 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING THE IMPOSI TION OF THE CAPITAL EXPANSION FEES ADOPTED IN OR DINANCE NO 049,2017 The full text of these ordinances can be found at http llfcgav camfpublicnotices ar by calling the City Clerk’s Office at 970 221 6515 24t3471 Calarcdaan Oct 22,2017 V V’’Notary Public 9:30 am