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HomeMy WebLinkAbout147 - 12/01/2015 - APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE AVAGO WIRELESS TECHNOLOGIES (U.S. ORDINANCE NO; 147, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND TO REIMBURSE AVAGO WIRELESS TECHNOLOGIES (U.S.A.) MANUFACTURING, INC. FOR USE AND BUSINESS PERSONAL PROPERTY TAXES AS PROVIDED IN BUSINESS INVESTMENT AGREEMENTS WHEREAS, the City of Fort Collins ("City") and Avago Wireless Technologies (U.S.A.) Manufacturing, Inc. ("Avago") have previously entered into that certain "Business Investment Agreement For Economic Development Related to Avago Technologies Building 4 Retrofit' dated July 25, 2012 (the "2012 Agreement') and that certain "Business Investment Agreement for Economic Development Related to Avago Technologies Building 4 Retrofit for New FBAR Clean Room Facility" dated June 5, 2013 (the "2013 Agreement"); and WHEREAS, the 2012 Agreement and 2013 Agreement shall be hereinafter be referred to jointly as the "Agreements"; and WHEREAS, the 2012 Agreement was approved by City Council on July 19, 2011, in Resolution No. 066, 2011, and the 2013 Agreement was approved by City Council on October 16, 2012, in Resolution No. 096, 2012; and WHEREAS, the 2012 Agreement provides certain business investment assistance to Avago for the retrofit of its Building 4 for a new wafer fabrication facility and the 2013 Agreement provides similar assistance to Avago for the retrofit of its Building 4 for a new FBAR clean room facility; and WHEREAS, the Agreements provide that Avago is eligible for reimbursement from the City for the following paid by it to the City, subject to certain limitations: (1) Use Tax on new Eligible Equipment, (2) Business Personal Property Tax on Eligible'Manufacturing Equipment; and WHEREAS, under the Agreements, Avago can apply for reimbursement biannually for both rebates; and WHEREAS, all funds reimbursed must be appropriated by Council as part of the rebate process; and WHEREAS, staff is requesting an appropriation for the full amount of $467,663 from prior year reserves in the General Fund to reimburse Avago in accordance with the Agreements; and WHEREAS, Article V, Section 9, of the City Charter also permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the General Fund the sum of FOUR HUNDRED SIXTY-SEVEN THOUSAND SIX HUNDRED SIXTY-THREE DOLLARS ($467,663) to reimburse Avago for Use Tax and Business Personal Property Tax as required by the Agreements. Introduced, considered favorably on first reading, and ordered published this 17th day of November, A.D. 2015, and to be presented for final passage on the 1 st day of December, A.D. 2015. Mayor ATTv RT Cps D u• rt} Clerk • pted on final reading on the 1 st day of December, A.D. 2015. F FOR? co�� Mayor ATTEST: SEAL ::N ...A`0 City Clerk