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HomeMy WebLinkAbout189 - 11/03/1998 - AMENDING ORDINANCES PREVIOUSLY APPROVING DEVELOPMENT IMPACT FEES FOR ADVANCED ENERGY INDUSTRIES, INC ORDINANCE NO. 189, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCES PREVIOUSLY APPROVING DEVELOPMENT IMPACT FEE REBATES FOR ADVANCED ENERGY INDUSTRIES, INC. AND SYMBIOS LOGIC, INC. TO ELIMINATE REBATE OF BUILDING PERMIT AND PLAN REVIEW FEES 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,the City had previously relied upon the use of undesignated reserves to fund the fee waiver program for base industries and base industry suppliers; and WHEREAS,the availability of such reserves had been severely curtailed under the provisions of Article X, Section 20, of the Colorado Constitution; and WHEREAS, City Council believed that the Fee Waiver Program should be modified so as to provide for the rebate, rather than waiver, or 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 believed it important to limit potential rebates to impact fees only, thereby excluding building permit and plan review fees from consideration for rebate; and WHEREAS, Section 5-326 of the City Code specifically limits the rebate of fees to impact fees, i.e., those 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; and WHEREAS,staff inadvertently included,and Council previously authorized by adoption of Ordinance No. 102, 1995, the rebate of building permit and plan review fees associated with the construction of new facilities by Advanced Energy Industries, Inc.; and WHEREAS,staff also inadvertently included,and Council previously authorized by adoption of Ordinance No. 112, 1996,the rebate of building permit and plan review fees associated with the construction of new facilities by Symbios Logic,Inc. (now doing business as LSI Logic,Inc.); and WHEREAS, staff hereby recommends reduction of the aforementioned rebates not yet paid to the firms to correct the previous error. NOW,THEREFORE, BE IT ORDAINED BY "rHE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Ordinance No. 102, 1995, is hereby amended to exclude the rebate of building permit and plan review fees,and to reduce the total maximum rebate payment to Advanced Energy Industries, Inc., thereunder, from One Hundred Thirty-Five Thousand Dollars ($135,000), to One Hundred and Twenty Thousand Dollars ($120,000). Section 2. That Ordinance No. 112, 1996,be amended to exclude the rebate of building permit and plan review fees, and to reduce the total maximum rebate payment to Symbios Logic, Inc.,thereunder,from Four Hundred Thirty-Nine Thousand Eight Hundred and Ninety-Nine Dollars ($439,899), to Three Hundred and Ninety-One Thousand Three Hundred and Two Dollars ($391,302). Introduced, considered favorably on first reading, and ordered ublished this 20th day of October,A.D. 1998,and to be presented for final passage on the 3r y November . 1998. Mavor ATTEST: - VtUL�k City Clerk Passed and adopted on final reading this 3rd day otve A. D. 1 Mavor ATTEST: a City Clerk