Loading...
HomeMy WebLinkAbout191 - 01/04/2000 - AMENDING CITY CODE TO ESTABLISH A PROGRAM FOR A REBATE OF SALES AND USE TAXES FOR MATERIALS USED IN ORDINANCE NO. 191, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADDING A NEW DIVISION 4 TO CHAPTER 25, ARTICLE II OF THE CODE OF THE CITY OF FORT COLLINS ESTABLISHING A PROGRAM FOR A REBATE OF THE CITY'S SALES AND USE TAXES FOR MATERIALS USED IN THE CONSTRUCTION OF AFFORDABLE HOUSING UNITS, AND THE DEFERRAL OF THE PAYMENT OF SALES AND USE TAXES THEREON WHEREAS, the City has established several programs to promote the development of affordable housing units, including the City's "Priority Processing Program" and "Development Impact Fee Collection Delay Program"; and WHEREAS, the City Council has determined that it is in the best interests of the City to establish a program for the rebate of the City's sales and use taxes collected for materials used in the construction of affordable housing units, which program shall be established as a"pilot" program to continue in existence for a period of two years and automatically terminate unless extended by the Council by ordinance; and WHEREAS, the Council has further determined that another program should also be established for deferring the payment of sales and use taxes for materials used in the construction of affordable housing units,with said payment to be made at the time of issuance of certificates of occupancy. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Code of the City be, and hereby is, amended as follows: Section 1. That Chapter 25,Article II of the Code of the City of Fort Collins be amended by the addition of a new Division 4 to be entitled Affordable Housing Rebate,which division shall read as follows: DIVISION 4. AFFORDABLE HOUSING REBATE See. 25-55. Establishment. There is hereby established a sales and use tax rebate program to provide relief from sales and use taxes charged on purchases of materials used in the construction of affordable housing units as that term is defined in §26-631. Sec. 25-56. Application for Rebate. Application for the sales and use tax rebate for affordable housing units shall be made on forms to be provided by the City. Sec. 25-57. Qualifications. In order to qualify for the rebate, the following requirements must be met: (1) The applicant must demonstrate to the satisfaction of the city that the materials upon which the sales and use taxes have been paid have been used in the construction of an affordable housing unit as defined in §26-631 and that the applicant requesting the rebate is the same as the payor of the taxes,or, if not the same, has presented to the city the written permission of the payor to request and receive the rebate; (2) The applicant shall be in full compliance with all provisions of the Code and shall not be in default of the terms of any obligation, contract or other agreement with the city. If any application for a rebate is approved under the provisions of this Division, and the applicant for such rebate subsequently becomes delinquent in the payment of any tax,fee, charge or utility bill owed to the city, the rebate otherwise due said applicant may be applied by the city in whole or in part toward the payment of the delinquent tax, fee, charge or bill. Sec. 25-58. Amount of rebate. The amount of the rebate payable hereunder shall be the full amount of sales and use taxes paid for materials used in the construction of the affordable housing unit. The rebates provided for under this Division are subject to the appropriation of necessary funds and the provisions of this Division shall not be construed as establishing any right or entitlement to a rebate on the part of any applicant. See. 25-59. Administration. The Financial Officer shall administer the program established by this Division and may prepare a rebate application form, adopt rules and regulations consistent with the provisions of this Division and audit and verify the applications submitted pursuant to this Division. Any rebate application form shall require the claimant to verify and sign the application under oath. The burden of proving eligibility for a rebate under this Division is on the claimant. The Financial Officer may require reasonable information to support the rebate application. Sec. 25-60. Sunset Provision. The sales and use tax rebate provisions established in this Division shall terminate and be of no further force and effect on December 1, 2001, and no rebate shall be paid after said date except for affordable housing projects for which building permits have theretofore been issued,unless this sunset provision is repealed or modified by the City Council. Section 2. That the Code of the City of Fort Collins be, and hereby is, amended by the addition of a new Section 25-130,to read as follows: Sec. 25-130. Deferred sales and use tax payments for affordable housing projects. All sales and use taxes for materials purchased and used in the construction of an affordable housing unit as that term is defined in §26-631 shall, upon the request of the applicant, be deferred until the date of issuance of the certificate of occupancy (whether temporary or permanent) for such affordable housing unit, or portion thereof, or until the first day of December of the year in which the deferral was obtained,whichever first occurs. At the time of application for any such deferral,the applicant shall pay to the city a fee in the amount of fifty dollars ($50.) to partially defray the cost of administration. No person shall knowingly make any false or misleading statement of fact in order to obtain any deferral of taxes under this section. Introduced and considered favorably on first reading and ordered published this 7th day of December, A.D. 1999, and to be presented for final passage on the 4th day of January, A.D. 2000. Mayor ATTEST: )P�r City Clerk Passed and adopted on final reading this 4th day of January, A.D. 2000. Mayor A T TEST: City Clerk