HomeMy WebLinkAbout05742SUBSTITUTED COPY -
MARCH 23, 1992
(AS AMENDED)
ORDINANCE NO. 5742
AN ORDINANCE ESTABLISHING CRITERIA, STANDARDS,
RULES AND REGULATIONS FOR THE APPROPRIATION
AND EXPENDITURE OF FUNDS ON DEPOSIT IN THE
1992 SALES AND USE TAX CAPITAL IMPROVEMENT
PROJECT FUND
WHEREAS, the people of Pueblo by Ordinance No. 5668 continued
the three and one -half percent sales and use tax rate for a period
of five years from January 1, 1992 through December 31, 1996, and
WHEREAS, the people of Pueblo by Ordinance No. 5668 dedicated
the revenues from a one -half percent sales and use tax rate during
such five year period for job creating capital improvement projects
within the City and the Pueblo Memorial Airport and created a
special fund to be known as the 1992 Sales and Use Tax Capital
Improvement Project Fund for the deposit of such revenue, and
WHEREAS, the people of Pueblo by Ordinance No. 5668
authorized and directed the City Council to establish by Ordinance
the criteria, standards, rules and regulations for the appropria-
tion and expenditure of such revenues for job creating capital
improvement project and directed that none of the revenues shall
be appropriated or expended except in conformity with such
criteria, standards, rules and regulations. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
CPPTTnM 1 _
For purposes of this Ordinance the following terms shall have
the following meanings:
(a) "Primary job" means a full -time position in private
sector employment by manufacturing, business, commercial or
service industries producing, assembling or distributing products
or providing services primarily or ultimately for sale, consump-
tion or use outside of the City and County of Pueblo, Colorado.
(b) "New employee" means a person employed in a primary job
at the Project after its substantial completion if such person
performs duties on a regular full -time basis (the quotient
obtained by dividing the total number of hours worked by persons
customarily performing such duties at least twenty (20) hours per
week by forty (40) shall be the equivalent of full -time
employees). The number of new employees at any stated time shall
be determined by dividing by twelve the total number of new
employees on the last business day of each month of the prior
twelve consecutive month period ending on the stated time.
(c) "Project Value" means the fair market value of the real
property and tangible personal property (except inventory or
property held for sale to customers in the ordinary course of
business) comprising the Project. The value of such property
owned by the Applicant shall be its original cost or the fair
market value of the property as represented by the Applicant,
whichever is less. The value of buildings or structures
constructed on real property as part of the Project, whether new
construction or rehabilitation of existing buildings or struc-
tures, shall be the construction contract price therefor and shall
not include expenditures commonly referred to as soft costs which
include but are not limited to costs associated with legal,
accounting and realtor fees; loan fees; sales and marketing;
project signs; and rent lost during construction.
(d) "Applicant" means the person, firm, partnership or
corporation who files a written application for Funds on forms to
be approved by the City Manager.
(e) "Capital Improvement Project" or "Project" means a
project or improvement of a permanent and fixed nature and
includes the acquisition of property (both real property and
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tangible personal property, except inventory or property held for
sale to customers in the ordinary course of business) , the
construction, extension, remodeling or rehabilitation of buildings
or structures within which individuals are customarily employed or
which are customarily used to house machinery or equipment, and
the installation or extension of streets, sanitary sewer, water or
other utilities required to serve a Project.
(f) "Funds" means the sales and use tax revenues collected
and on deposit in the 1992 Sales and Use Tax Capital Improvement
Project Fund.
(g) "Job Creating" means the creation of employment for new
employees.
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Applications for Funds shall be filed in the office of the
City Manager for preliminary review. If the City Manager
determines that the application generally conforms with the
provisions and intent of this Ordinance, he will forward the
application and comments of City's administrative staff, if any,
to City Council for consideration. If the City Manager determines
that the application does not generally conform with the provi-
sions and intent of this Ordinance, he will return the application
to the Applicant with the reasons for his determination. The City
Manager shall act in a timely and expeditious manner.
SECTION 3
Each of the following criteria and standards must be met
before the City Council may by Resolution approve an application
for Funds:
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(a) The Project may not be speculative in nature and the
Applicant must document to the City's satisfaction the Applicant's
financial ability and experience to complete the Project and
fulfill the Applicant's representations and commitments made with
respect to the Project, including, without limitation, the number
of new employees, the Project Value, and the Project's gross
salary.
(b) The amount of Funds made available for the Project shall
not be greater than either:
(i) fifty percent (50%) of the Applicant's committed
annual gross salary (excluding employee benefits) for new
employees to be employed at the Project within two (2) years
after its substantial completions or,
(ii) fifty percent (50 %) of the Project Value,
as determined by the City Council in its sole discretion.
(c) Employees employed by the Applicant within the City or
at the Pueblo Memorial Airport (except employees transferred from
outside the City and the County for purposes of developing the
Project) on the date of the approval of Applicant's application
shall not be counted as new employees and the number of such
employees shall not be less than the average number of employees
employed by Applicant within the City and the Pueblo Municipal
Airport during the twelve month period immediately prior to such
date as computed pursuant to Section 1(b).
(d) The Project must be consistent with the City's long -
range planning objectives for the City as a whole as well as the
location of the Project.
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(e) The Project may not be for an activity or business which
materially and substantially competes, as determined by the City
Council in the exercise of its sole discretion, with an existing
activity or business within the City.
(f) If a Project is to be located at the Pueblo Memorial
Airport, (i) the Project may not result in the relocation, in
whole or in part, of an existing business or industry from the
City to the Pueblo Memorial Airport, and (ii) the fair market
value of any land or building transferred by the City to the
Applicant shall be included as part of the Funds made available to
the Applicant for purposes of Section 3(b).
(g) If the application is for a loan of Funds (i) the loan
may be at such interest rate as the City Council shall determine
and must be secured by a first deed of trust and /or security
interest in all or a portion of the Project or other collateral
acceptable to the City, having a reasonable fair market value in
relation to the principal amount of the loan, (ii) the term of the
_loan shall not exceed ten (10) years, and (iii) the difference in
the interest to be paid on the loan and interest calculated by
using the so- called "prime rate" of Norwest Bank of Denver plus
three percent (3 %) (as determined by the Director of Finance)
shall be included as part of the Funds made available to the
Applicant for purposes of Section 3(b).
(h) Construction contracts including "design- build"
contracts or other contractual arrangements in excess of $50,000
for a Project shall be awarded by competitive bidding. Applicant
shall invite general contractors holding Building Contractors -A
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(General Unlimited) licenses having their principal place of
business in the City or County of Pueblo who are qualified and
experienced to perform construction work for the Project to submit
bids. Applicant may invite other qualified general contractors
with their principal place of business outside Pueblo County,
Colorado to submit bids. Applicant shall assure that the same
scope of work to be bid is timely furnished to each general con-
tractor invited to bid. For "design- build" or other contractual
arrangements, this requirement may be accomplished by a pre -bid
conference or other acceptable procedure. All bids will be
received and opened publicly. Applicant will use its best efforts
in good faith to award the construction contract to the lowest
qualified bidder. A similar provision with respect to local
subcontractors and suppliers shall be included as part of the
construction contract between the Applicant and the general
contractor who shall use its best efforts in good faith to engage
local subcontractors and suppliers for such construction.
SECTION 4.
The City Council may grant a variance to the requirements set
forth in Section 3, if the City Council determines in its sole
discretion that the Project will create employment for new
employees justifying the expenditure of Funds; provided, however,
that such variance shall not exceed twenty percent (20 %) of the
requirements set forth in said Section 3(b).
l'L I'M T,%.7 C
The City Council may expend portions of the Fund for the
construction of so- called shell buildings or for the remodeling
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and renovation of existing buildings for the purpose of making
such buildings available to Applicants who meet the standards and
criteria of this Ordinance.
C 0 0 rV TnhT C
When an application for Funds is approved by Resolution
adopted by the City Council, the Applicant as a condition
precedent to the receipt of any of the approved Funds, shall,
within sixty (60) days after the date of such approval, or such
later date as City and Applicant may mutually approve, enter into
a written agreement with the City which contractually commits and
binds Applicant to, and secures the performance of, all criteria
and standards of this Ordinance or any variance thereto approved
by the City Council, and all representations contained in the
Applicant's application or otherwise made to the City by
Applicant. The agreement shall contain a provision whereby the
Applicant represents and warrants that no person, entity or
organization has been employed or retained or will receive or be
paid, directly or indirectly, any commission, percentage,
contingent fee or any other remuneration payment or receipt of
which is contingent upon approval of its application, to prepare,
solicit or secure the approval of its application. For breach or
violation of such warranty, the City shall have the right to
terminate the agreement, or recover the full amount of such
commission, percentage, contingent Fee or other remuneration, or
to seek such other remedies legally available to City, which
remedies shall be cumulative.
(I LI fI171 T /1 KT "7
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Any action taken by the City Council relating to an
application for Funds is, and shall constitute, a legislative
measure. No person or entity shall have a right to or be eligible
to receive any Funds except as may be specifically authorized by
Resolution of the City Council. Notwithstanding that an applica-
tion for Funds may meet and comply with the criteria and standards
of this Ordinance, the City Council reserves the right in its sole
and absolute discretion to approve, reject, disapprove, or approve
with modification any such application. No recourse shall be had
against the City, the City Council or any officer, employee or
agent of the City, by, or be available to, any Applicant or other
person or entity resulting from or arising out of the filing of an
application for Funds or the rejection, modification, approval or
nonapproval of an application by the City Council. The filing of
an application by an Applicant shall constitute and be construed
to constitute an expressed waiver and release of the City, the
City Council, and officers, employees and agents of the City from
any such recourse and all other claims or liabilities with respect
to the application or any action taken or not taken thereon by the
City or City Council.
SECTION 8
This Ordinance may be rescinded, modified or amended, in
whole or in part, at any time by ordinance duly adopted by the
City Council.
SECTION 9
If any section, paragraph, clause or provision of this
Ordinance shall for any reason be held to be invalid or
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unenforceable, the invalidity of enforceability of such section,
paragraph, clause or provision shall not affect any of the
remaining provisions of this Ordinance.
SECTION 10.
This Ordinance shall become effective upon final passage.
ATTEST:
ALA
C 1 t Clerk
INTRODUCED: February 24 , 1992
By MICHAEL OCCHIATO
Counci.lperson
APPROVED:
President of the City Council
T3 56.27 -9-