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HomeMy WebLinkAbout129 - 08/04/1998 - AUTHORIZING A REBATE OF CERTAIN IMPACT FEES ASSOCIATED WITH THE CONSTRUCTION OF A NEW 200,000 SQ. FT ORDINANCE NO. 129, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AND AUTHORIZING A REBATE OF CERTAIN IMPACT FEES ASSOCIATED WITH THE CONSTRUCTION OF A NEW 200,000 SQUARE FOOT OFFICE FACILITY FOR CELESTICA COLORADO WHEREAS,Celestica Colorado(the"Company") is planning to construct a 200,000 square foot manufacturing facility at the southeast corner of Harmony Road and County Road 9 (the "Facility"); and WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interests of the City that the Company construct its Facility and maximize its operation in the City; and WHEREAS,the Council has further determined that,if the Company constructs the Facility and retains its administrative functions in the City, the City will realize approximately $1,177,000 initially,and henceforth approximately$500,000 annually in sales,use and property tax revenue,of which nearly all is new revenue; and WHEREAS, retention of the Company's manufacturing and administrative facilities in the City will also benefit the City by stabilizing the Company's employment base and by providing corresponding stimulation of the City's economy; and WHEREAS, the City has evaluated the relative impacts of the construction and staffing of the Celestica Colorado project using the Fiscal and Environmental Impact Model,and has found the benefits to the community in terms of increased returns to capital and labor, and tax revenues to be substantial, when weighed against the relative costs and external impacts; and WHEREAS, the Council previously adopted Resolution 94-126, amending the City's Economic Development Policy to provide for a case-by-case consideration of financial incentives for base industry; and WHEREAS,pursuant to provisions of Section 5-326 of the Code of the City of Fort Collins (the"Code"),the City Manager is recommending the rebate of certain impact fees to be paid by the Company in connection with its own construction activities; and WHEREAS,the Company intends to use a portion of the proceeds from the proposed rebate to address the affordable housing and childcare needs of residents within the City; and WHEREAS, Council also adopted Ordinance No. 123, 1994 amending Article VII Chapter 5 of the Code so as to permit the consideration and rebate of impact fees on a case-by-case basis for the purpose of economic development; and WHEREAS, in consideration of the aforesaid benefits to the City which would result from the construction of the Company's manufacturing facility within the municipal boundaries of the City, and after considering the factors to be considered by the Council under Section 5-327 of the Code, the Council has determined that the Company should receive a rebate of certain impact fees associated with the construction of its new building pursuant to the aforementioned program; and WHEREAS,the Council has further determined that the funds of the City that shall be used to rebate the impact fees shall derive from the sales, use and property taxes paid by the Company, and that in no event shall the rebate be paid until such time that the City has received full payment of all taxes to cover the amount of the impact fee rebate granted. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds and declares that in accordance with Ordinance No. 111, 1998: (1) a letter of intent to request a Development Fee Rebate was received from Celestica Colorado (the "Company") by the City for the subject Facility prior to the adoption of Ordinance No. I I I on first reading;(2)all information required for determination of such rebate has been received by the City and thus was received prior to October 1, 1998; and(3)that the rebate to the Company set forth in Section 2, below, is in accordance with the best interests of the City, in view of the criteria for evaluation of the same under Section 5-327 of the Code. Section 2. That a rebate of the full amount of impact fees paid by Celestica to the City could leave insufficient General Fund revenues available to mitigate the impacts of the Facility upon the overall health, safety and welfare of the citizens of the City. Section 3. That based on consideration of the factors set forth in Section 5-327 of the Code and subject to the limitation set forth in Section 4,below,the Company shall receive a rebate of Forty Percent (40 %) of the total amount of impact fees actually paid by the Company upon issuance of a building permit for the Facility, not to exceed $336,000. Section 4. That all rebate amounts paid to the Company shall derive from sales,use and property tax payments received by the City from the Company; that no such amounts shall not be paid to the Company prior to receipt by the City of full payment of taxes from the Company sufficient to offset the total rebate amount approved hereunder; and that in no event shall any such rebate amounts paid exceed the amount of impact fees actually received by the City from the Company. Introduced and considered favorably on first reading and ordered published this 21 st day of July, A.D. 1998, and to be presented for final passage on the 4th o ugust, A.D. 19 Mayor ATTEST: lam�, k A I L City Clerk Passed and adopted on final reading this 4th day of Augu V. 1998. Mayor ATTEST: City Clerk