HomeMy WebLinkAbout982089.tiff RESOLUTION
RE: APPROVE AGREEMENT FOR TAX INCENTIVE PAYMENTS WITH PCC ADVANCED
FORMING TECHNOLOGY 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 PCC Advanced Forming Technology 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 of 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 PCC
Advanced Forming Technology 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 28th day of October, A.D., 1998.
BOARD OF COUNTY COMMISSIONERS
WElD COUNTY, COLORADO
ATTEST: � �� '' '�jL�' �ii �-.2izh��.�t�
Constance L. Harbert, Chair
Weld County Clerk, . t /J n i n I e y
ISO �/,v Af" 1U u{, ,��",U/
t W. H. ebster, Pro-Tem
BY:
Deputy Clerk to f _ `
tiv .1 , eorge Baxter
PRO D S O FORM:
Dal K. Hall
County Attor ey 4_
Barbara J. Kirkmeyer / (/
982089
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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, PCC Advanced Forming Technology (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
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 1999 and ending 2002 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
stating 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.
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TAX INCENTIVE AGREEMENT - PCC ADVANCED FORMING TECHNOLOGY
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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, 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. 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 without written approval of the County.
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 PCC Advanced Forming
Technology, 7040 Weld County Road 20, Longmont, CO 80504. 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 28th day of October,
A.D., 1998.
TAXING AUTHORITY:
I . ' BOARD OF COUNTY COMMISSIONERS
ATTEST: " -< : :::;•
Wed Counerkt� _ ' ��=.�° ' , _
1 ? 1 1
Constance L. Harbert, Chair
BY: 4 / .. �� %-;r: yY `
i
Deputy Clerk to &fir "I TAXPAYER:
PCC ADVANCE FORMING TECHNOLOGY
G/
BY: \J1�-lc
982089
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