HomeMy WebLinkAbout20001948.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR TAX INCENTIVE PAYMENTS WITH CONAGRA AND
AUTHORIZE CHAIR TO SIGN
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, the Board has been presented with a Tax Incentive Agreement between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of
Weld County, and ConAgra, with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners cf
Weld County, Colorado, that the Tax Incentive Agreement between the County of Weld, State
of Colorado, by and through the Board of County Commissioners of Weld County, and ConAgra
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 14th day of August, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
L4/ fi-W-FAD COUNTY, COLORADO
ATTEST: 4VI% N L/ 1 Eo Weld County Clerk toier �..� � jj;/7
1861 .17/-� � 1 L L/,' ®�9
/ / \ `��V\►►'l/IIJJCC��i i . J. ( le, Pro-Tern --
BY: i./.' ,I��.. •. 7 �,�
Deputy Clerk to the �� V i�� 7 -" — --.—
r/ Gee E. Baxter „/�// 7
Dale \ X '
APPROVED AS TO,R0RM: �_ r
%_' /� -y,Z K. Hall —_
un %ttoriiey EXCUSED
Glenn Vaad
(,(' ,L — 2000-1948
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AGREEMENT
WHEREAS, the Board of County Commissioners of Weld County, Colorado, is desirous
of promoting economic development within Weld County, Colorado (hereinafter referred to as
the "Taxing Authority") for the purposes of stimulating the general well-being of the Taxing
Authority and the generation of employment opportunities; and
WHEREAS, Senate Bill #90-118 was passed by the Colorado General Assembly and
became law on April 24, 1990, and provides that the Taxing Authority may negotiate incentive
payments to taxpayers who establish new business facilities or who expand existing business
facilities; and
WHEREAS, Senate Bill #94-182 was passed by the Colorado General Assembly.
effective January 1, 1995, extending property tax incentive payments indefinitely; and
WHEREAS, ConAgra (hereinafter referred to as the "Taxpayer") represents that it has
invested or intends to invest in qualifying personal property and wishes to receive the incentive
payment benefits available under Senate Bill #90-118 and Senate Bill #94-182; and
WHEREAS, the Taxpayer has been determined to be currently eligible for benefits
under Senate Bill #90-118 and Senate Bill #94-182 and the policy concerning incentive
payments passed by Resolution on February 20, 1991 (hereinafter referred to as the
"Resolution of the Taxing Authority").
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the undersigned parties hereby agree to the following:
1. Fifty percent of the amount of personal property taxes paid by the Taxpayc r for
property appearing on the personal property declaration schedule submitted by
the Taxpayer to the Weld County Assessor for the four tax years beginning
2001and ending 2004 and which have not appeared on previous schedules shall
be paid to the company by the Taxing Authority. Only property placed in service
in the County during the tax years given above shall qualify.
2. Such payment shall be made to the Taxpayer or assignee by the County
Treasurer 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 e.tating
that the Taxpayer remains eligible for the payment under Senate Bill #90-118
and Senate Bill #94-182 and the Resolution of the Taxing Authority.
3. Such payment shall be made only if all taxes and assessments levied and
assessed by the Taxing Authority shall be current.
4. Such payment shall be made only if Taxpayer remains eligible to receive the
incentive payments under criteria established in Senate Bill #90-118 and Senate
Bill #94-182 and the Resolution of the Taxing Authority in each year of this
Agreement.
5. Payment shall only be made by Taxing Authority if incentive payment is not
calculated as being part of Weld County Home Rule 5% property tax limitation or
State property tax limitation.
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TAX INCENTIVE AGREEMENT - CONAGRA
PAGE 2
6. Payment shall not be made by Taxing Authority if State Constitutional
Amendment 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, Senate Bill #90-118 and Senate Bill #94-182, or as may be
amended, or the Resolution of February 20, 1991 setting policy concerning
incentive payment to taxpayers to be invalid or unconstitutional during the term
of this Agreement.
7. Any payments made under this agreement that are determined not to be legal
under State law or are determined to be part of the Weld County Home Rule 5%
property tax limitation or State property tax limitation shall be repaid to Weld
County.
8. Payment to Taxpayer shall only be made to the extent revenues are available
and appropriated in each of the four years of the term of this Agreement.
9. This Agreement is not assignable without written approval of the County.
10. Acceptance of incentive payment by Taxpayer constitutes agreement by both
parties to fund incentive payment settlement for the tax year involved.
11. Notices to Taxpayer shall be made to ConAgra, 1900 AA Street, P. O. Box G,
Greeley, CO 80632-0350. Notices to Taxing Authority shall be made to the
Board of County Commissioners of Weld County, 915 10th Street, Greeley,
Colorado 80631.
The above and foregoing Agreement was hereby approved on the 24th day of July,
A.D., 2000.
�n TAXING AUTHORITY:
`a BOARD OF COUNTY COMMISSIONERS
l
ESWELD UNTY, COLORADO
--:1:1
C Clerk to the Board BY: 2-J
0 / /y
Barbara J. Kirkmeye , Chair (U i'ooL
_t eputy Clerk to the Board—� TAXPAYER:
CONAGRA--)
TITLE: _L'• t" A-2-7}
10031
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