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HomeMy WebLinkAbout09365 City Clerk’s Office Item # R-9 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 22, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING A PROPERTY TAX INCREMENT REVENUE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO URBAN RENEWAL AUTHORITY AND PUEBLO SCHOOL DISTRICT NO. 60 AND THE PUEBLO CITY-COUNTY LIBRARY DISTRICT AND THE SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT AND THE LOWER ARKANSAS VALLEY WATER CONSERVANCY DISTRICT AND PUEBLO COUNTY, COLORADO, RELATING TO THE EVRAZ URBAN RENEWAL PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID AGREEMENT SUMMARY: Attached is a proposed Ordinance approving a Property Tax Increment Revenue Agreement between the Pueblo Urban Renewal Authority (“PURA”) and the six governmental entities (including the City) which have taxing authority over the Evraz Urban Renewal Project. PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: By a concurrent Ordinance, the Pueblo City Council will make certain legislative findings and approve a new urban renewal plan for the Evraz project area. This Ordinance approves a Property Tax Increment Revenue Agreement in which the six taxing governmental bodies of the Evraz project area agree that 100% of the property tax increment revenues will be used to pay eligible costs of the Evraz Urban Renewal Project, including the debt service associated with the issuance of PURA’s bonds. FINANCIAL IMPLICATIONS: The City of Pueblo, along with the other five taxing governmental bodies, waive their right to receive any property tax increment revenues until the bonds issued by PURA are paid off. After PURA’s bonds have been paid in full and all related administrative expenses have been paid to PURA, the City, along with the other five taxing governmental entities will begin receiving the tax increment revenues from the Evraz project. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: City staff has collaborated with the staffs of Evraz, PURA and the five other taxing entities to negotiate the terms and conditions of the attached agreement. ALTERNATIVES: If this Ordinance is not approved, the repayment of PURA’s bonds associated with the Evraz Urban Renewal Project will be jeopardized. RECOMMENDATION: Approve the Ordinance. Attachments: Proposed Ordinance, proposed Property Tax Increment Revenue Agreement ORDINANCE NO. 9365 AN ORDINANCE APPROVING A PROPERTY TAX INCREMENT REVENUE AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE PUEBLO URBAN RENEWAL AUTHORITY AND PUEBLO SCHOOL DISTRICT NO. 60 AND THE PUEBLO CITY-COUNTY LIBRARY DISTRICT AND THE SOUTHEASTERN COLORADO WATER CONSERVANCY DISTRICT AND THE LOWER ARKANSAS VALLEY WATER CONSERVANCY DISTRICT AND PUEBLO COUNTY, COLORADO, RELATING TO THE EVRAZ URBAN RENEWAL PROJECT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Property Tax Increment Revenue Agreement, dated November 12, 2018, between the City of Pueblo and the Pueblo Urban Renewal Authority and Pueblo School District No. 60 and the Pueblo City County Library District and the Southeastern Colorado Water Conservancy District and the Lower Arkansas Valley Water Conservancy District and Pueblo County, Colorado relating to the Evraz Urban Renewal Project, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver said agreement in the name of the City and the Acting City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with this Ordinance and the attached agreement, which are necessary or appropriate to implement the transactions described therein. SECTION 3. This Ordinance shall become effective immediately upon final passage. INTRODUCED: October 22, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: November 12, 2018