HomeMy WebLinkAboutOrdinance-1988-0758INTRODUCED BY COUNCILMEMBER Worth
COUNCIL BILL NO. 343
Ordinance No. 758
Series of 1988
TITLE: AN ORDINANCE AMENDING THE CODE OF LAWS OF THE CITY OF
WHEAT RIDGE BY CREATING CHAPTER 24, ENHANCED SALES TAX
INCENTIVE PROGRAM, AND PROVIDING CRITERIA FOR INCLUSION
OF BUSINESSES WITHIN SAID PROGRAM.
WHEREAS, the City of Wheat Ridge is a home rule municipal
corporation possessing all powers granted to home rule cities by
Article XX, Section 6 of the Constitution of the State of
Colorado, included within such powers being the power to levy and
collect taxes, including sales taxes;
WHEREAS, the "County and Municipal Sales or Use Tax"
provisions of the statutes of the State of Colorado, specifically
C.R.S. 29-2-107(1), provide that nothing in state statutes
"limit(s) the powers of home rule municipalities organized under
Article XX of the State Constitution to impose, administer, or
enforce any local sales or use tax such as the tax
discussed herein;
WHEREAS, Section 11.1 of the Home Rule Charter of the City
of Wheat Ridge authorizes the imposition of a sales tax after the
same has been approved by a "majority of the electorate voting at
a regular or special municipal election" at which the question of
imposition of such a sales tax is a question upon the ballot;
WHEREAS, a majority of the registered electors voting at an
election called for the purpose of creating a sales tax in the
City of Wheat Ridge has approved a sales tax of two percent (2%)
upon retail sales, one-half (one percent (1%)) of which goes to a
"Capital Improvement Fund" and the other one-half (one percent
(1%)) of which goes to the General Fund;
WHEREAS, the City uses sales and use taxes in the operation
of government for the purpose of providing municipal services to
the citizens, residents and business owners of the City of Wheat
Ridge;
WHEREAS, there is currently an economic downturn which is
negatively affecting the City of Wheat Ridge, the metropolitan
Denver area, and the State of Colorado, which economic downturn
is such as to justify a local program to encourage economic
development;
WHEREAS, the City Council of the City of Wheat Ridge deems
the development of new, and the substantial expansion of
existing, retail sales tax generating businesses to be a vital
and important step in the economic development of the City of
Wheat Ridge;
WHEREAS, the City Council of the City of Wheat Ridge wishes
to establish hereby a fund derived from a portion of enhanced
sales taxes, which fund may be shared with owners as an incentive
for establishing or expanding retail sales tax generating
businesses within the City of Wheat Ridge;
WHEREAS, so as to avoid an impact to the General Fund and
Capital Improvement Fund of the City, the source of funding for
said Program shall be limited to a portion of increased sales
taxes generated solely by businesses involved in the Program;
WHEREAS, the City Council wishes to establish such an
Enhanced Sales Tax Incentive Program as set forth herein to
serve the public purposes of providing public and public-related
improvements through deferred expenditure of public funds, while
promoting economic development within the City of Wheat Ridge,
thereby continuing to encourage and to provide for the vitality
of retail business and retail businesses within the City, as well
as providing opportunities for employment for the residents of
the City, and enabling the City to carry forward its functions in
the preservation of the health, safety, and welfare of the
citizens and residents of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
Section 1. The Code of Laws of the City of Wheat Ridge is
hereby amended by the addition of the following Chapter 24
Enhanced Sales Tax Incentive Program.
Section 24-1. There is hereby established within the
City of Wheat Ridge an Enhanced Sales Tax Incentive Program
("ESTIP").
Section 24-2. The purpose of the Enhanced Sales Tax
Incentive Program created hereby is to encourage the
establishment and/or substantial expansion of retail sales
tax generating businesses within the City of Wheat Ridge,
thereby stimulating the economy of and within the City,
thereby providing employment for residents of the City and
others, thereby further expanding the goods available for
purchase and consumption by residents of the City, and
further increasing the sales taxes collected by the City,
which increased sales tax collections will enable the City
to provide expanded and improved municipal services to and
for the benefit of the residents of the City, while at the
same time providing public or public-related improvements at
no cost, or at deferred cost, to the City and its taxpayers
and residents.
Section 24-3. As used in this Chapter 24, and all
sections thereof, the following phrases shall have the
following meanings:
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(a) The phrase "enhanced sales tax" shall mean
the amount of sales tax collected by the City over and above
a base amount negotiated by, and agreed upon by, the
applicant and the City, and which amount is approved by the
City Council, which base amount shall never be lower than
the amount of sales taxes collected by the City at the
property in question in the previous twelve (12) months plus
a reasonable and agreed upon percentage of anticipated
increase in sales taxes, or, in the case of a newly
established business, an amount which represents the good
faith determination by the applicant and the City as to the
amount of sales taxes which could be generated from the new
business without the participation by applicant in the ESTIP
created hereunder.
(b) The phrase "owner or proprietor" shall mean
the record owner or operator of an individual business, or,
in the case of a shopping center, the owner of the real
property upon which more than one business is operated,
provided that said owner (whether an individual,
corporation, partnership or other entity) is the owner or
lessor of the individual businesses operated thereon.
Section 24-4. Participation in ESTIP shall be based
upon approval by the City Council of the City of Wheat
Ridge, exercising its legislative discretion in good faith.
Any owner or proprietor of a newly established or proposed
retail sales tax generating business or location, or the
owner or proprietor of an existing retail sales tax
generating business or location which wishes to expand
substantially, may apply to the City for inclusion within
the ESTIP provided that the new or expanded business is
reasonably likely to generate enhanced sales taxes of at
least twenty thousand dollars ($20,000.00) in the first year
of operation.
Section 24-5. Approval by the City Council of an
agreement implementing this ESTIP shall entitle the
successful applicant to share in enhanced sales taxes
derived from applicant's property or business in an amount
which shall not in any event exceed fifty percent (50%) of
the enhanced sales taxes; provided, however, that applicant
may use said amounts only for public and/or public-related
purposes such as those specified herein and which are
expressly approved by the City Council at the time of
consideration of the application. The time period in which
said enhanced sales taxes may be shared shall not commence
until all public or public-related improvements are
completed, and shall be limited by the City Council, in its
discretion, to a specified time, or until a specified amount
is reached.
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Section 24-6. The uses to which said shared enhanced
sales taxes may be put by an applicant shall be strictly
limited to those which are public or public-related in
nature. For the purposes of this Chapter 24, public or
public related purposes shall mean public improvements,
including but not limited to streets, sidewalks, curbs,
gutters, pedestrian malls, street lights, drainage
facilities, landscaping, decorative structures, statuaries,
fountains, identification signs, traffic safety devices,
bicycle paths, off-street parking facilities, benches,
restrooms, information booths, public meeting facilities,
and all necessary, incidental, and appurtenant structures
and improvements, together with the relocation and
improvement of existing utility lines, and any other
improvements of a similar nature which are specifically
approved by the City Council upon the City Council's finding
that said improvement are pubic or public-related
improvements, and that such improvements shall enhance the
competitive position of the applicant within the Denver
Metropolitan area marketplace.
Section 24-7. The base figure for sales taxes shall be
divided into twelve (12) monthly increments, which
increments are subject to agreement between the parties, and
approval by the City Council, and which increments shall be
reasonably related to the average monthly performance of the
business or property in question, or similar businesses in
the area (i.e. adjust for seasonal variations). If in any
month the agreed upon figure is not met by applicant so as
to create enhanced sales tax for that month, no funds shall
be shared with applicant for said month, and no increment
shall be shared until that deficit, and any other cumulative
deficit, has been met, so that at the end of any twelve (12)
month cycle, funds in excess of those "enhanced sales taxes"
agreed to be shared shall not have been shared with any
applicant.
Section 24-8. It is an overriding consideration and
determination of the City Council that existing sources of
City sales tax revenues shall not be used, impaired, or
otherwise affected by this Enhanced Sales Tax Incentive
Program. Therefore, it is hereby conclusively determined
that only enhanced sales taxes generated by the properties
described in an application shall be subject to division
under this ESTIP. It shall be the affirmative duty of the
Treasurer of the City of Wheat Ridge to collect and hold all
such "enhanced sales taxes" in a separate account apart from
the sales taxes generated by and collected from the other
sales tax generating uses and businesses within the City and
to provide an accounting system which accomplishes the
overriding purpose of this Section 24-8. It is conclusively
stated by the City Council of the City of Wheat Ridge that
this Chapter 24 would not be adopted or implemented but for
the provisions of this Section 24-8.
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Section 24-9. The one percent (1%) of sales and use
taxes earmarked for the Capital Improvement Fund may be
utilized in this ESTIP for public improvements as herein
defined so long as the same are within the meaning of the
phrase "capital improvements" as defined in the voter
approved sales tax referendum previously held within the
City of Wheat Ridge, and provided that the same are found
and determined by the City Council to be capital
improvements which could be provided by the City from the
Capital Improvement Fund but for the provision of said
improvements by the applicant; provided, however, that such
use of capital improvement funds as part of this ESTIP shall
be limited to the amount agreed pursuant to Section 24-11
hereof; provided further, however, that nothing contained
herein shall limit the City Council in the determination to
appropriate additional capital improvement funds for capital
improvements affecting the property in question as a part of
the City's regular appropriation and budget process.
Section 24-10. Approval of an application for
inclusion in this ESTIP shall be given by the City Council,
at a public hearing held as a portion of a regularly
scheduled City Council meeting, based upon the following
criteria:
a. The amount of enhanced sales taxes which are
reasonably to be anticipated to be derived by the City
through the expanded or new retail sales tax generating
business;
b. The public benefits which are provided by the
applicant through public works, public improvements,
additional employment for City residents, etc.;
C. The amount of expenditures which may be
deferred by the City based upon public improvements to be
completed by the applicant;
d. The conformance of the applicant's property
or project with the comprehensive plan and zoning ordinances
of the City;
e. The agreement required by Section 24-11
having been reached, which agreement shall contain and
conform to all requirements of said Section 24-11.
Approval shall be by motion adopted by a
majority of the entire City Council.
Section 24-11. Each application for approval submitted
to the City Council shall be subject to approval by the
Council solely on its own merits. Approval of an
application shall require that an agreement be executed by
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the owner and the City, which agreement shall, at a minimum,
contain:
a. A list of those public or public-related
improvements which justify applicant's approval, and the
amount which shall be spent on said improvements;
b. The maximum amount of enhanced sales taxes to
be shared, and the maximum time during which said agreement
shall continue, it being expressly understood that any such
agreement shall expire and be of no further force and effect
upon the occurrence of the earlier to be reached of the
maximum time of the agreement (whether or not the maximum
amount to be shared has been reached) or the maximum amount
to be shared (whether or not the maximum time set forth has
expired);
C. A statement that this is a personal agreement
which is not transferable and which does not run with the
land;
d. That this agreement shall never constitute a
debt or obligation of the City within any constitutional or
statutory provision;
e. The base amount which is agreed upon by
month, and the fact that if, in any month as specified,
sales taxes received from the property do not at least equal
said amount, that there shall be no sharing of funds for
said month;
f. The base amount shall be agreed upon which
shall consider the historic level of sales at the property
in question, or a similar property within the area in the
event of a new business, and a reasonable allowance for
increased sales due to the improvements and upgrades
completed as a result of inclusion within this Program;
g. A provision that any enhanced sales taxes
subject to sharing shall be escrowed in the event there is a
legal challenge to this Enhanced Sales Tax Incentive Program
or the approval of any application therefore;
h. An affirmative statement that the
obligations, benefits, and/or provisions of this agreement
may not be assigned in whole or in any part without the
expressed authorization of the Wheat Ridge City Council,
and further that no third party shall be entitled to rely
upon or enforce any provision hereof;
i. Any other provisions agreed upon by the
parties and approved by the City Council.
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Section 24-12. The City Council has enacted this ESTIP as a
joint benefit to the public at large and to private owners for
the purposes of: providing the City with increased sales tax
revenues generated upon and by properties improved as a result of
this Program; public improvements being completed by private
owners through no debt obligation being incurred on the part of
the City, and allowing applicants an opportunity to improve
properties which generate sales activities, which improvements
make those properties more competitive in the marketplace and
further provide to the applicant additional contingent sources of
revenues for upgrading said properties. The City Council
specifically finds and determines that creation of this ESTIP is
consistent with the City's powers as a home rule municipal
corporation, and that exercise of said powers in the manner set
forth herein is in furtherance of the public health, safety and
welfare. Notwithstanding any provision hereof, the City shall
never be a joint venturer in any private entity or activity which
participates in this ESTIP, and the City shall never be liable or
responsible for any debt or obligation of any participant in
ESTIP.
Section 2. Severability. If any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public,
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 4. This ordinance shall become effective forty-five
(45) days from the date of final passage.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 2nd day of May , 1988,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for Mondav May 23 , 1988,
at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of 8 to 0 this 23rd day of May
1988.
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SIGNED by the Mayor on this
1988.
24th day of May
Dan Wilde, Mayor
ATTEST:
Wanda Sang, City Cler
APPROVED AS TO FORM BY
OFFICE OF/-CITY.,ATTORN$Y
John Fy( Hayes,
lst Publication: May 5, 1988
2nd Publication: June 2, 1988
Wheat Ridge Sentinel:
Effective Date: July 7, 1988
orney
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