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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