HomeMy WebLinkAbout20130488.tiffRESOLUTION
RE: APPROVE AGREEMENT PURSUANT TO SECTION 30-11-123, C.R.S., AND
AUTHORIZE CHAIR TO SIGN - NORFOLK IRON AND METAL COMPANY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on February 15, 2012, the Board was been presented with an Agreement
Pursuant to Section 30-11-123, C.R.S., between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, and Norfolk Iron and Metal
Company, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said Agreement with
Norfolk Iron and Metal Company, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement Pursuant to Section 30-11-123, C.R.S., between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and Norfolk Iron and Metal Company be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said Agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of February, A.D., 2013.
BOARD OF OUNTY COMMISSIONERS
WELD CO�N�Y-COLORADO
ATTEST:
Weld County Clerk to the Boar
BY:
Deputy Cle
unty Attorney
APP ED AS TO
FEB 2 6 2013
Date of signature:
William F. Garcia, Chair
Cite"
, Pro-Tem
EXCUSED
Mike Freeman
-Barbara Kirkmeye,
Cc' Cn,FI
2013-0488
FI0057
AGREEMENT PURSUANT TO C.R.S. & 30-11-123
THIS AGREEMENT is made and entered into this day of , 201 , by
and between the County of Weld, a body corporate and politic of the state of Colorado, by and
through the Board of County Commissioners of the County of Weld, whose address is P.O. Box
758, 1150 O Street, Greeley, CO 80632, hereinafter referred to as, "Taxing Authority," and
Norfolk Iron & Metal Co., whose address is P.O. Box 1129, 3001 N. Victory Road, Norfolk, NE
68702, hereinafter referred to as, "Taxpayer."
WITNESSETH:
WHEREAS, Taxing Authority desires to promote economic development within Weld
County, Colorado, for the purposes of generating employment opportunities for residents of
Weld County, thereby stimulating the economic well-being of Weld County's citizens, and
WHEREAS, C.R.S. § 30-11-123 provides that the Taxing Authority may negotiate
incentive payments to taxpayers who establish new business facilities or who expand existing
business facilities, and
WHEREAS, Taxpayer represents that it has invested or intends to invest in qualifying
personal property and wishes to receive the incentive payment benefits available pursuant to
C.R.S. § 30-11-123, and
WHEREAS, Taxpayer has been determined to be currently eligible to receive the
incentive payment benefits available pursuant to C.R.S. § 30-11-123, and pursuant to the Board
of County Commissioners' policy concerning incentive payments passed by Resolution on
February 20, 1991 ("Resolution of the Taxing Authority").
NOW, THEREFORE, the parties hereto hereby agree to the following:
1. Subject to annual appropriation by Taxing Authority, fifty -percent (50%) of the amount
of personal property taxes paid by the Taxpayer for personal property located at
Taxpayer's Facility at 31181 CR 39.5, Greeley, CO 80631 ("the Facility"), placed into
service in Weld County in:
a. 2013, and appearing on the personal property declaration schedule submitted by
the Taxpayer to the Weld County Assessor, which personal property has not
appeared on previous schedules, shall be paid to the Taxpayer by the Taxing
Authority for the ten (10) tax years beginning 2013 and ending 2022 (hereinafter
referred to as, "10 -Year Term").
All tax incentive payments made pursuant to this Agreement shall hereinafter be referred
to as, "Tax Incentive Payments." Taxpayer shall submit to the Weld County Assessor an
affidavit certifying the aggregate cost and year of acquisition of Taxpayer's personal
property that, to Taxpayer's best knowledge, information and belief, qualifies for
incentive payments under C.R.S. § 30-11-123, for the 10 -Year Term. The amounts so
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certified shall be subject to review by the Weld County Assessor.
2. Tax Incentive Payments shall be made by Taxing Authority only upon appropriation, and
only if:
a. All taxes and assessments levied and assessed on Taxpayer by Taxing Authority
for Facility are current, and
b. In each year of this Agreement, Taxpayer remains eligible to receive the Tax
Incentive Payments under criteria established in C.R.S. § 30-11-123 and the
Resolution of the Taxing Authority, and
c. Tax Incentive Payments are not calculated as being part of the Weld County
Home Rule five percent (5%) property tax limitation or State of Colorado
property tax limitation.
3. Any appropriated Tax Incentive Payments shall be made to Taxpayer by Taxing
Authority within 90 days of receipt of full payment by the Taxpayer of all personal
property taxes due and receipt of an affidavit from the Taxpayer stating that the Taxpayer
remains eligible for such payment pursuant to C.R.S. § 30-11-123 and the Resolution of
Taxing Authority.
4. The Tax Incentive Payments shall not be made by Taxing Authority if an amendment to
the Colorado Constitution limiting property taxes is subsequently passed after the date of
this Agreement, or if a court of competent jurisdiction declares any portion of this
Agreement, C.R.S. § 30-11-123 (as may be amended), or the Resolution of the Taxing
Authority, to be invalid or unconstitutional.
5. Any Tax Incentive Payments made under this Agreement that are determined not to be
legal under the laws of the State of Colorado or are determined to be part of the Weld
County Home Rule five percent (5%) property tax limitation or State of Colorado
property tax limitation, shall be repaid to Weld County.
6. TAX INCENTIVE PAYMENTS TO TAXPAYER SHALL ONLY BE MADE TO THE
EXTENT REVENUES ARE AVAILABLE AND APPROPRIATED IN EACH OF THE
TEN (10) TAX YEARS OF THE 10 -YEAR TERM.
7. This Agreement is not assignable.
8. Acceptance of any Tax Incentive Payment by Taxpayer constitutes agreement by both
parties to fund the Tax Incentive Payment for the tax year involved.
9. Claim for a Tax Incentive Payment must be submitted to Taxing Authority by Taxpayer
by October 1st of each year or Taxpayer waives the right to receive payment for that
year.
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10. Taxpayer agrees that it shall attempt to use reasonable efforts to ensure that a minimum
of fifty percent (50%) of its workforce employed at the Facility are Weld County
residents during the terms of this Agreement.
11. All notices required or permitted under this Agreement shall be given in writing and shall
be effective when delivered in the case of hand delivery, when transmitted, in the case of
facsimile transmission or five days after mailing, when mailed, provided that mailed
notices shall be sent by certified mail, return receipt requested. Notices shall be sent to
the following addressees at the following addresses or facsimile numbers or to such other
addressees, addresses or facsimile numbers as a party may designate from time to time by
notice given pursuant to this paragraph:
If to the County:
With a Copy to:
If to Taxpayer:
Board of County Commissioners
P.O. Box 758
Greeley, CO 80632
Fax Number: (970) 352-0242
Weld County Attorney
915 10`h Street
Greeley, CO 80632
Fax Number: (970) 352-0242
Norfolk Iron & Metal Co.
P.O. Box 1129
3001 N. Victory Road
Norfolk, NE 68702
Fax Number: (402) 379-5410
12. Each of the parties will execute and deliver such other instruments and documents and
will take all such other actions as the other party may reasonably request and as may
reasonably be required in order to effectuate the purpose of this Agreement and to carry
out its terms.
13. This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one and the same
instrument.
14. This Agreement constitutes the entire agreement between the parties and supersedes and
replaces all prior and contemporaneous agreements, representations, both written and
oral, between the parties with respect to the subject matter of this Agreement. No
variation of modification of this Agreement, and the waiver of the Agreement's
provisions or conditions, shall be binding unless made in writing and signed by duly
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authorized officers of the County and Taxpayer. As permitted hereunder, this Agreement
shall be binding upon, and inure to the benefit of, the parties and their respective
successors and assigns. This Agreement shall be governed by and construed according to
the laws of the state of Colorado.
15. It is expressly understood and agreed that the enforcement of the terms and conditions of
this Agreement. and all rights of action relating to such enforcement, shall he strictly
reserved to the undersigned parties and nothing in this Agreement shall give or allow any
claim or right of action whatsoever by any other person not included in this Agreement. It
is the express intention of the undersigned parties that any entity other than the
undersigned parties receiving services or benefits under this Agreement shall be an
incidental beneficiary only.
The above and foregoing Agreement was hereby approved on the 20 day of February,
A.D., 2013
ATTEST:
Weld County Cleio the Board
By:
Deputy C1 'rk o the Boa
TAXING AtJTT IORITY:
County of Weld, by and through the Board of
County Commissioners ol'the County of Weld
lliam 'P.cia, Chair
PAYER: FEB 2 0 2013
orfolk Iron & Metal Company
By:
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o&)/3- 01/98
Esther Gesick
From: Bruce Barker
Sent: Friday, February 15, 2013 10:34 AM
To: Esther Gesick
Cc: Monica Mika
Subject: FW: Business Personal property Tax Agreement
Attachments: Norfolk Iron & Metal Company Agreement.docx
This was my last communication with Mr. Ball and Mr. Wildeman.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "0" Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is attorney privileged and confidential, or otherwise protected from
disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution
or the taking of any action concerning the contents of this communication or any attachments
by anyone other than the named recipient is strictly prohibited.
Original Message
From: Bruce Barker
Sent: Thursday, June 28, 2012 1:27 PM
To: 'rwildeman@norfolkiron.com'; 'sball@norfolkiron.com'
Cc: 'Cathy Schulte'; Monica Mika
Subject: RE: Business Personal property Tax Agreement
Mr. Wildeman and Mr. Ball:
I have been informed by Ms. Schulte that you may still have questions regarding the proposed
business personal property tax agreement. I have read through the answers below and have no
changes or additions to those answers. Attached is the Agreement with the addition of your
fax number. Do you have any other questions or changes?
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "0" Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
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information that is attorney privileged and confidential, or otherwise protected from
disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution
or the taking of any action concerning the contents of this communication or any attachments
by anyone other than the named recipient is strictly prohibited.
Original Message
From: Cathy Schulte [mailto:CSchulte@upstatecolorado.org]
Sent: Thursday, June 14, 2012 3:13 PM
To: Monica Mika
Cc: Bruce Barker
Subject: FW: Business Personal property Tax Agreement
Hi Monica -- Just learned from Ron Wildeman that his contract questions still haven't been
answered (see string below)? We really need to get this wrapped up - what can I do?
Cathy
Original Message
From: Cathy Schulte
Sent: Wednesday, May 30, 2012 12:44 PM
To: 'Monica Mika'
Subject: FW: Business Personal property Tax Agreement
Hi Monica,
As we briefly discussed this morning, according to the below email string (send Friday May
30th from Ron Wildeman), Norfolk is still waiting to hear back from Bruce Barker regarding
their contract questions. Can you contact Bruce again or would you like me to? Or, can you
and I answer his questions and get back with him -- I've taken a stab at it below. Let me
know what you think.
Cathy
Original Message
From: Ron Wildeman [mailto:rwildeman@norfolkiron.com]
Sent: Friday, May 25, 2012 2:09 PM
To: Cathy Schulte
Subject: Fwd: Business Personal property Tax Agreement
Could you help out?
Sent from my iPhone
Begin forwarded message:
From: "Steve Ball" <sball@norfolkiron.com<mailto:sball@norfolkiron.com»
To: "Ron Wildeman" <rwildeman@norfolkiron.com<mailto:rwildeman@norfolkiron.com»
Subject: FW: Business Personal property Tax Agreement
Still no response back. Typical!!!
Steve Ball
Chief Financial Officer
Phone: 402-371-1810 xt 1401
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From: Steve Ball
Sent: Thursday, march 29, 2012 9:34 AM
To: 'Bruce Barker'
Cc: Ron Wildeman
Subject: RE: Business Personal property Tax Agreement
Bruce, thank you for the incentive payment agreement. I've reviewed it, and have just a
couple of questions/clarifications. My "marked up" copy is attached.
1. In #1, it mentions personal property placed in service in 2013. All (or the vast
majority) of the personal property assets will be added and in service this year (2012).
Should this say 2012? Or does 2013 refer to when we add 2012 additions to the tax schedules
in early 2013?
Weld County Response: The 2013 date does refer to the year the property will first be added
to the Weld County tax roles. Only property that has NOT appeared on previous schedules is
eligible for the rebate. The 2013 date is accurate.
2. Will this agreement be applicable and effective for ALL assets added during the ten-
year term/period? In other words, for any assets we add in 2014, for example, will there be
an incentive payment available on those subsequent additions, even if for only the years
remaining of the original ten (10)?
Weld County Response: No, this agreement applies only to the initial property first put into
operation in year 1(2012), as part of the eligible expansion of a "new business facility"
(see #3 below). However, should Norfolk again qualify as a "new business facility" due to
additional expansion activity some year in the future you would be eligible to again request
a partial personal property tax waiver, assuming the legislation is still in effect.
3. In #3, how do we "remain eligible" for the payments?
Weld County Response: Senate Bills #90-118 and #94-182 are the Colorado legislation that
enables Weld County to rebate 50% of the County's levy on new taxable personal property first
put into operation in year 1; for 10 years. Taxpayer eligibility requirements are outlined in
the attached program summary. In order to "remain eligible" you'll need to document to the
County that Norfolk meets these requirements. In addition, the payment shall be made only if
all taxes and assessments levied and assessed by the taxing authority are current and the
incentive payments are not calculated as being part of the Weld County Home Rule limitation.
4. In #9, do we need to make the claim by October 1st of the year we add the assets to
the tax schedules (2011 additions are added to the tax schedules/rendition in early 2012 and
the 2012 taxes are paid in 2013), or the actual year the personal property taxes are paid
(2012 taxes are paid in 2013). This may seem obvious, but I just want to verify the timing.
Weld County Response: Company must make request for incentive by October 1st of the year the
qualifying equipment becomes operational.
5. I added our fax number in #11.
Thanks for your help Bruce, and thanks to Weld County for agreeing to partner with us on our
expansion.
Steve Ball
Chief Financial Officer
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Phone: 402-371-1810 xt 1401
From: Bruce Barker[mailto:bbarker@co.weld.co.us]<mailto:[mailto:bbarker@co.weld.co.us]>
Sent: Wednesday, March 28, 2012 6:14 PM
To: Ron Wildeman
Cc: Steve Ball; Monica Mika
Subject: Business Personal property Tax Agreement
Mr. Wildeman:
Here is the proposed business personal property tax agreement. If this looks acceptable,
please have Mr. Ball execute two originals and send them to me at the address set forth
below.
Thanks! Please feel free to call me if you have any questions.
Bruce T. Barker, Esq.
Weld County Attorney
P.O. Box 758
1150 "0" Street
Greeley, CO 80632
(970) 356-4000, ext. 4390
Fax: (970) 352-0242
[cid:image001.jpg@01CD0D8F.096104D0]
Confidentiality Notice: This electronic transmission and any attached documents or other
writings are intended only for the person or entity to which it is addressed and may contain
information that is attorney privileged and confidential, or otherwise protected from
disclosure. If you have received this communication in error, please immediately notify
sender by return e-mail and destroy the communication. Any disclosure, copying, distribution
or the taking of any action concerning the contents of this communication or any attachments
by anyone other than the named recipient is strictly prohibited.
<br><u>
</u> <br>
The information contained in this message and all attachments is intended only for the person
or persons to whom the message is addressed and may be privileged and confidential and
protected from disclosure. If the reader of this message is not the intended recipient, or
an employee or agent responsible for delivering this message to the intended recipient, you
are hereby notified that any dissemination, distribution or copying of this communication is
strictly prohibited. If you have received this communication in error, please notify Norfolk
Iron & Metal Co. immediately by replying to disclaimer@norfolkiron.com and deleting the
message and any attachments from your computer without reading, printing, or saving them.
The recipient should check this communication and any attachments for the presence of
viruses. Norfolk Iron & Metal Co. accepts no liability for any damage caused by any virus
transmitted by this communication. Thank you.
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