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HomeMy WebLinkAbout910100.tiff RESOLUTION RE: APPROVE TAX INCENTIVE PAYMENT FOR EASTMAN KODAK COMPANY AND AUTHORIZE CHAIRMAN 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 the Tax Incentive Agreement, commencing 1991, and ending 1994, with the further 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 of Weld County, Colorado, that the Tax Incentive Agreement be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman 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. , 1991. I� 'yU// �/G�2GCl/yj BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNT C RADO �'v Weld County Clerk to the Board NAY y/ Gord c , irman By:_a � ��C' (`` AYE Deputy Clerk to t e Board George K nedy, Pro-Tem APPROVED AS FORM: /t9,0 -e• -• YE) onstaannce L. Harbert 4,/f7 *. (NAY) C unty Attorney C. W. Kirby y tvpi eX 2,N4? (AYE) W. H. Webster 910100 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 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, the Kodak Colorado Division (hereinafter referred to as the "Taxpayer") has invested or intends to invest in qualifying personal property and wishes to receive the incentive payment benefits available under Senate Bill 188; and WHEREAS, the Taxpayer has been determined to be eligible for benefits under Senate Bill 118 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 Taxpayer for property appearing on the personal property declaration schedule submitted by the Taxpayer to the Weld County Assessor for the four tax years beginning 1991 and ending 1994 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 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 stating that the Taxpayer remains eligible for the payment under Senate Bill 118 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 118 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 52 property tax limitation or State property tax limitation. 910100 Page 2 RE: TAX INCENTIVE - KODAK 6. Payment shall not be made by Taxing Authority if State Constitutional Amendment limiting property tax is subsequently passed after the date of this Agreement. 7. This Agreement is not assignable. 8. Acceptance of incentive payment by Taxpayer constitutes agreement by both parties to fund incentive payment settlement for the tax year involved. The above and foregoing Agreement was hereby approved on the 20th day of February, A.D. , 1991. TAXING AUTHORITY: ATTEST: (/ in BOARD OF COUNTY COMMISSIONERS WELD COUNT , ORAD Weld County Clerk t the Board � BY: BY(1,4 d�� ��t S�J'�� o . L cy, hairman Deputy' Clerk to the— a4rd TAXPAYER: KODAK COLORADO DIVISION BY: 910100 Kodak March 25 , 1991 Mr . Don Warden Weld County Government 915 10th Street Greeley, CO 80631 Dear Don: Enclosed is the signed Tax Incentive Agreement . Kodak Colorado is very appreciative of the action the County Commissioners have taken in granting our request for a personal property tax rebate . This certainly promotes a positive business environment for Colorado and Weld County. Thanks again for your support . Sincerely, E1 y atividad As istant to the Manager EN-19 Enc . EASTMAN KODAK COMPANY • WINDSOR,COLORADO 80551 `. L DM t' a' n u :Iit a ('1! ,•:- {O _ • February 28, 1992 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80631 Dear Commissioners: Enclosed is the affidavit required by the 02/20/91 County's Resolution for the 1992 incentive program. I have reviewed this with Lee Morrison and have incorporated his suggested changes. I have enclosed seven copies of the affidavit and would appreciate you providing one copy to Mr. Don Warden and one copy to Mr. Lee Morrison. Very truly yours, 6 ,w,„0___) L arryV. Connors Financial Services LVC:lkk cc: Elly Natividad, Assistant to Plant Manager Ron Sjolander, KCD Comptroller +�U�v ' Le • c,_(b0) , ei4c'iv) V{� `VAI>, EASTMAN KODAK COMPANY • WINDSOR, COLORADO 8055V1 � v q!n irks:. 'r .R . ... P., ^7 �Y t r., l/� I.....• TO February 25, 1992 Board of County Commissioners Weld County 915 10th Street Greeley, CO 80631 Dear Commissioners: This letter certifies that Kodak Colorado Division remains eligible to receive the incentive payment under criteria established in Senate Bill 118 (CRS 30-11-123) and the "Resolution" of the Weld County Board of County Commissioners of 02/20/91. Specifically: * The qualifying taxable personal property is located at Kodak Colorado Division, Windsor, Colorado a "new business facility" as referenced by C.R.S. 30-11-123 and used in connection with the operation for the current property tax year. * The qualifying assets have been purchased and/or fabricated and installed at the Kodak Colorado Division Plant, Windsor, Colorado and are listed on personal property tax schedule numbered 0018021. * Kodak Colorado Division qualifies as a basic industry by creating primary jobs, importing dollars into the community and meets the following criteria. a) The expanding business is not a result of any corporate reorganization nor the sale of an existing business. New investment was created. b) Kodak Colorado Division's qualifying manufacturing assets result in more than 50% of its gross annual income being derived from outside Weld County. c) Kodak Colorado Division's qualifying assets result in lees than 25% of its gross annual income from retail or internally directed sales. EASTMAN KODAK COMPANY • WINDSOR, COLORADO 80551 Page 2 d) Kodak Colorado Division has invested significantly more than the minimum $100,000 in the two qualifying projects - Sheet Film of the Nineties and World Class Plate Project. Very truly yours, / Y R. Sjolander Comptroller Kodak Colorado Division Hello