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HomeMy WebLinkAbout003 - 02/04/1997 - APPROPRIATING PRIOR YEAR RESERVES IN THE SALES AND USE TAX FUND FOR A REBATE OF DEVELOPMENT FEES TO ORDINANCE NO. 3, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE SALES & USE TAX FUND FOR A REBATE OF DEVELOPMENT FEES TO HEWLETT-PACKARD WHEREAS, pursuant to Ordinance No. 132, 1996, the City Council approved and authorized a rebate of development fees associated with the construction of a new 180,000 square foot office facility for Hewlett-Packard; and WHEREAS, City Code Section 5-328(b) requires that the estimated amount of real property, personal property and sales and use tax to be paid to the City by a rebate recipient over the ensuing twenty-year period be at least twice the amount of total estimated direct cost to be incurred by the City over that twenty-year period for the construction and maintenance of any new street improvements or other infrastructure anticipated to be necessary to serve the relevant operations of the rebate recipient; and WHEREAS, City Code Section 5-328(c) requires that the threshold amount of taxes required in Section 5-328(b) be received by the City prior to payment of a development fee rebate; and WHEREAS, twice the infrastructure costs for the project were estimated to be approximately $40,000; and WHEREAS, Hewlett-Packard has paid City tees and taxes in connection with its new office facility in the amount of$484,566.02, of which amount $265,299.02 was paid in City use tax and shall be retained by the City; and WHEREAS, the amount of$265,299.02 is well in excess of$40,000, and thus is adequate to meet the requirement of City Code Section 5-328(c); and WHEREAS, the total amount of development fees to be rebated to Hewlett-Packard is $219,267; and WHEREAS, the funds necessary to pay said rebate amount are available in the Prior Year Use Tax Carryover Reserve in the Sales and Use Tax Fund; and WHEREAS, Hewlett-Packard intends to use the proceeds from this rebate to enhance the technology assets within the Poudre School District; and WHEREAS, Article V, Section 7, of the Charter of the City of Fort Collins authorizes the City Council to provide by ordinance for payment of any expense from reserves accumulated in prior years notwithstanding that such reserves were not appropriated for expenditure in the annual appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from the Prior Year Use Tax Carryover Reserves in the Sales and Use Tax Fund the total sum of TWO HUNDRED NINETEEN THOUSAND TWO HUNDRED SIXTY-SEVEN DOLLARS ($219,267) for the rebate of development fees associated with the construction of a new 180,000 square foot office facility for Hewlett-Packard. Introduced, considered favorably on first reading, and ordered published this 21st day of January, A.D. 1997, and to be presented for final passage on the 4th day of February, A.D., 1997. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of February, A.D. 1997. ayor ATTEST: City Clerk