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HomeMy WebLinkAbout091 - 06/20/1989 - AMENDING THE CITY CODE RELATING TO THE INDUSTRIAL DEVELOPMENT INCENTIVE PROGRAM ORDINANCE NO. 91, 1989 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 24 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO THE INDUSTRIAL DEVELOPMENT INCENTIVE PROGRAM WHEREAS, the City of Fort Collins has a vital interest in the economic health of the community; and WHEREAS, economic development programs have increasingly become the responsibility of local governments and the City has an economic development plan to guide economic development; and WHEREAS, a positive community attitude towards business, a local government that is itself committed to fiscal soundness and providing quality services, and a sound infrastructure are the best incentives that the City has maintained and will continue to provide for economic development and quality of life; and WHEREAS, the City recognizes the importance of a strong local business community and that eighty percent (80%) of job creation will come from local expansion; and WHEREAS, the City supports an economic development strategy and the incentive program established below is but one part of the entire strategic plan; and WHEREAS, the goals of this Industrial Development Incentive Program are to demonstrate that the City supports a healthy business climate, to encourage eligible firms to locate and expand in Fort Collins, and to shape the quality of economic growth. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1 . That Section 24-111 of the Code of the City is hereby amended by the addition of the following definitions in alphabetical order: Sec. 24-111. Definitions. Base industry shall mean those firms that produce goods or services, at least eighty (80) percent of which are produced for export to areas outside of the city, and thereby import income into the city. Such goods and services shall not include retail sales activities but may include , without limitation , manufactured goods, consulting services, research activities, and the support services associated with a regional or national headquarters of a services-producing organization. Base industry supplier shall mean a firm that devotes at least fifty (50) percent of its operations to providing a base industry with materials or supplies used in the base industry ' s manufacture or production of goods or services. Exemption shall mean the granting of a partial or complete waiver of the street oversizing fee not to exceed fifty thousand dollars (E50,000) . Firm shall mean person, firm, corporation, partnership, joint venture or any other legally permissible business organization, whether or not presently situated within the boundaries of the city. Full-time employment shall mean those jobs which provide at least thirty-five (35) hours of year-round employment per week. Total compensation shall mean wages and cash equivalent benefits, including medical , dental , life, vision, day care and retirement. Section 2. That Section 24-120 of the Code of the City is hereby amended to read as follows: Sec. 24-120. Fee, waiver, appeal . (a) Exceptional hardship. The Director of Development Services (Director) , upon application of any interested party, may waive or otherwise adjust any of the fees set forth above in order to prevent manifest injustice. No such waiver shall be granted unless, by reason of extraordinary and exceptional situations or conditions of the property which is the subject of the fee, the strict application of this Division would result in peculiar and exceptional hardship upon the owner of such property; provided, however, that such relief may be granted without substantially impairing the intent and purposes of this Division. No such hardship shall be founded upon ability or inability to pay the fee. (b) Exemption of fee for contribution to economic development. (1) Determination of eligibility. Any firm seeking an exemption under this Section shall apply to the Director on forms provided by the city. The Director shall , within fifteen (15) days after receipt of any such application, determine the eligibility of the firm for such exemption. No application for an exemption shall be considered by the Director after a building permit has been issued for the development which requires payment of the fee. The Director's determination of eligibility shall be valid for a period of one (1) year from the date of the determination; provided, however, that the city shall be entitled at any time to summarily withdraw a determination of eligibility if such determination is found to have been based upon incorrect or fraudulent information or if changes in the proposed development would, if known at the time of application, have materially affected the Director's determination. The Director may, in his sole discretion, extend the determination of eligibility beyond said one (1) year period upon a showing of good and sufficient cause. (2) Criteria for determination. To be eligible for an exemption from the street oversizing fee, the following criteria must be fulfilled: A. The firm muc` be either a base industry or a base industry sup�iier. B. Employment opportunities offered by the firm must meet or exceed the following standards: 1 . Total compensation for all full -time employees must start at not less than minimum wage X 1 .5. 2. Total compensation for no more than twenty-five (25) percent of the full -time employees can be less than minimum wage X 1 .87. 3. Total compensation for at least twenty (20) percent of the full -time employees must be more than minimum wage X 2.24. (3) Establishment of exemption. The Director shall establish the amount of exemption according to the criteria described in subparagraph (4) below. If any firm receiving an exemption under the provisions of this Section has not been issued a building permit within one (1) year of the date of the determination of eligibility (and the determination has not been extended pursuant to paragraph 1 of this Section) , the firm shall no longer be entitled to an exemption. If a firm obtains more than one (1) building permit in any twenty-four (24) month period, the maximum exemption, or aggregation of exemptions, for such firm during said twenty-four (24) month period shall not exceed fifty thousand dollars ($50,000) . (4) Criteria for establishment. The amount of exemption an eligible firm shall be entitled to receive shall be based on the following: A. New firm. The amount of exemption will equal the projected present value of sales and property taxes the city will receive from the firm during the six (6) years immediately subsequent to the date of application for the building permit, plus the amount of the use and construction tax calculated to be received by the city at the time the building permit is issued, up to a maximum of fifty thousand dollars ($50,000) . The aforesaid taxes shall be calculated as follows: 1 . Use tax = (total value of construction) X (percentage of construction apportioned by the director of finance for use tax calculation) X (current city sales/use tax rate) . 2. Construction tax - building permit fee. 3. Sales tax = (total wages of the firm) X (.7) X (the current city sales tax rate) . The sales tax shall be increased by three and one-half (3.5) percent for each twelve (12) month period following the anniversary of the first twelve (12) months from the date of application for the building permit. 4. Property tax = (total value of land and development in relocation or expansion project) X (commercial tax rate) X (current city mill levy rate) . The property tax shall be increased by five (5) percent for each twelve (12) month period following the anniversary of the first twelve (12) months from the date of application for the building permit. B. Expansion of existing firm. The amount of exemption will equal the amount as calculated in Subparagraph a above multiplied by the applicable factor below, up to a maximum amount of fifty thousand dollars ($50,000) . Years Within Fort Collins City Limits Factor 0 < 3 1 .25 3 < 5 1 .50 5 < 10 1.75 10 < 15 2.00 15 < 20 2.25 > 20 2.50 (5) Appropriation contingency. The city shall not grant an exemption unless funds equal to the amount of the exemption shall first have been budgeted and appropriated by the City Council and approved for subsequent transfer from the General Fund or other appropriate fund of the city into the Street Oversizing Fund to offset the amount of the exemption. (c) Appeals. Any decision of the Director pursuant to this Section may be appealed to the City Manager. Any decision of the t City Manager pursuant to this Section may be appealed to the City Council under the same standards and procedures as established for appeals from boards and commissions under Chapter 2, Division 3 of the Code. Introduced, considered favorably on first reading, and ordered published this 16th day of May, A.D. 1989, aadto be presented for final passage on the 20th day of June, A.D. 1989. Mayor ATTEST• City Clerk Passed and adopted on final reading this,_20th day of June, A.D. 1989. Mayor TTEST: City Clerk