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HomeMy WebLinkAbout123 - 08/16/1994 - AMENDING CITY CODE TO PERMIT THE REBATE OF IMPACT FEES FOR THE PURPOSE OF ECONOMIC DEVELOPMENT ORDINANCE NO. 123, 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 IMPACT FEES FOR THE PURPOSE OF ECONOMIC DEVELOPMENT WHEREAS, by Ordinance No. 44, 1990, the City Council previously amended Chapter 5 of the City Code to establish a program for the waiver of fees for the purpose of economic development; and WHEREAS, 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, the City has heretofore relied upon the use of undesignated reserves to fund the existing fee waiver program for base industries and base industry suppliers; and WHEREAS, the availability of such reserves has been severely curtailed under the provisions of Article X, Section 20, of the Colorado Constitution; and WHEREAS, the City Council believes that the foregoing fee waiver program should be modified so as to provide for the rebate, rather than the waiver, of fees,- using revenues the City has actually received in property, sales and use taxes from qualifying base industries and base industry suppliers; and WHEREAS, Council further believes that certain procedural safeguards should be incorporated into the rebate program to ensure that any firm receiving a rebate of fees generates sufficient tax revenues to warrant such rebate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 5 of the Code of the City is hereby amended to read as follows: ARTICLE VII. REBATE OF IMPACT 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 av-a-il&il-itv of high- quality and soundly financed municipal services, utilities and infrastructure to all citizens of the city. Sec. 5-326. City Manager; authority. The City Manager may, in his or her discretion, discuss and negotiate with base industries and base industry suppliers, as defined in Section 24-111 , the possible rebate of any impact fees required to be paid under the provisions of this Code. For the purposes of this Article, impact fees shall mean any fees imposed by the City to defray the cost of new street improvements or other infrastructure which may be necessary to serve the operations of the base industry or base industry supplier. Sec. 5-327. Final determination by Council . The final determination as to whether a rebate of impact fees will be granted to a particular base 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 recommendations of the City Manager, based upon a criteria developed by the City Manager; (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; (5) The impact of the proposed rebate upon the overall health, safety and welfare of the citizens of the city; and (6) Whether the base industry or base industry supplier 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. Sec. 5-328. Limitations. (a) No rebate of impact fees shall be permitted under the provisions of this Article unless the proposed rebate plan, and the appropriation of funds therefor, is approved by the City Council by ordinance prior to the payment of the fees for which the rebate is sought. Said rebate 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. (b) As part of the ordinance approving any rebate plan under this Article, the City Council shall determine the total estimated direct cost which may be incurred by the city over the ensuing twenty (20) year period for the construction and maintenance of any new street improvements or other infrastructure which may be necessary to serve the operations of the base industry or base industry supplier which has applied for the rebate. No rebate plan shall be approved by the City Council unless the estimated amount of real property, personal property, and sales and use taxes to be paid to the city by said applicant over said twenty (20) year period is at least twice the amount of the city's estimated infrastructure costs. 2 (c) No rebate payment shall be made by the city under an approved rebate plan until the city has received from the applicant real property, personal property, and sales and use taxes totalling twice the amount of the estimated infrastructure cost referred to in subparagraph (b) above. 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 any impact 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 2nd day of August, A.D. 1994, and to be presented for final pass on the 16th day of August, A.D. 1994. AT)�EST: yor r City Clerk Passed and adopted on final reading this 16th o August, 994. Mayor ATTEST: City Clerk lv 3