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HomeMy WebLinkAbout920479.tiff RESOLUTION RE: APPROVE TAX INCENTIVE PAYMENT FOR R R DONNELLEY NORWEST, INC. 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 concerning R R Donnelley Norwest, Inc. , commencing 1992, and ending 1995, 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 concerning R R Donnelley Norwest, Inc. 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 29th day of June, A.D. , 1992. '�� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD C NTY, COLORADO Weld County Clerk to the oard AYE rge Ke edy, Chairman � By: L 'L44 et 6 — Deputy Cle to the Board Constance L. Harbert, Pro-Tem APPROVED AS TO FORM: EXCUSED ,/T2 C. W. Ki =by /L» z NAY AiE4County A torney Gor �JJ 27—/2 9 � �,, AYE W. H. Webste 920479 4-3002-3 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 R R Donnelley Norwest, Inc. (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 118; and WHEREAS, the Taxpayer has been determined to be currently 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 1992 and ending 1995 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. 920479 RE: TAX INCENTIVE PAYMENT - R R DONNELLEY NORWEST, INC. PAGE 2 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. 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, SB9O-118 or as it may be amended, or the Resolution of February 20, 1991 setting policy concerning incentive payments to taxpayers to be invalid or unconstitutional during the term of this Agreement. 7. 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. 8. This Agreement is not assignable. 9. Acceptance of incentive payment by Taxpayer constitutes agreement by both parties to fund incentive payment settlement for the tax year involved. 10. Notices to Taxpayer shall be made to R R Donnelley Norwest, Inc. , 259 30th Street, Greeley, Colorado 80631. Notices to Taxing Authority shall be made to Board of County Commissioners of Weld County, 915 10th Street, Greeley, Colorado 80631. The above and foregoing Agreement was hereby approved on theNday of June, A.D. , 1992. /� _ G ,l� TAXING AUTHORITY: ATTEST:PILL BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld cutgd BY:GeorgenedyChaanO7/k to the Board TAXPAYER: R R DONNELLEY NNOORWEST, INC. BY: A:".„...„ /cam(/. -dO 6//L 920479 RR DONNELLEY NOR.vEST, INC. 259 30th Street Greeley, CO 80631 (303) 356-8352 Fax: (303) 350-0756 June 11, 1992 Don Warden Weld Country Department of Finance and Administration P.O. Box 758 Greeley, CO 80632 Dear Don: Enclosed you will find the signed copies of the Property Tax Incentive agreement between RR Donnelley Norwest, Inc. and Weld County. Thank you for your help and if you have any questions or comments, please call me at 350-0727. Sincerely, Kevin Schwindt Accountant KS:peb Enclosure 920479 Hello