HomeMy WebLinkAbout2012 Ordinance No. 057ORDINANCE NO. c::fl
SERIES OF 20 12 4
BY AITTHORITY
COUNCTI.. BILL NO . 50
INTRODUCED BY COUNCIL
MEMBER WILSON
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT
ESTABLISHING A REFUNDING OF BUil,DING USE TA)( FOR SCHOOL DISTRJ CT NO . I,
ARAPAHOE COUNTY 7-12 CAMPUS PROJECT (SCHOO LS).
WHEREAS , 1.he Englewood ~unicipal Code has estab lished a building use ta x under
4-4-5-3(8)(2) EMC; and
WHEREAS, 1hc State has exempted both the Schools and any contractor performing work fo r
1he schools fr om Colorado building use tax ; and
WHEREAS , lite Cit y of Englewood ha s exempted the School Dis1ric1 Nu . I , Arapahoe
County. Co lorado from building use lax; however. a similar excmplion does not exist for
controctors <loing work for schools ; ond
\VH.EREAS, money coming in from building use tax is pill into the Public Improv ement Fund
(PIF); and
WHEREAS , the PfF provides fundmg for public infrastrncture and capital improvement s: and
WHEREAS , schools have worked cooperatively with City staff to identify a number of
amenitie; beneficial to the School Dis trict and the citi1;,ns of Englewood within the Englewood
Schools' 7-12 Campus Project.
NOW. THEREFORE. BE IT OR DA INF.I) BY THE CIT Y COUNCIL OF THE crrY OF
El\GLEWOO D, COLORADO. TIL'\T:
11 bi
Section I . The City Co uncil of the Cit y of En glewood hereb y authorizes refundin g building use
tax paid by the Contra ctor Saundt:r s Co nstrnctio n, for the En1;tlewood Schools' 7-12 Campu.it; Projec t
located at 3800 South Logan Street , Englewood, Co lorad o. as set fo rth in the auached
lnter gn vemm en tal Acr ee ment with the Schoo l Oistrict No. I , Arapahoe Co unt y.
Introdu ced. read m full. amended and passed on first reading on the I st day o f October. 2012 .
Published by Title as amended as a Bill for an Ordinance in the City's official new spa per on the
S"dayofOctober , 2012 .
~~
Published as amended as a Bill for an Ordinan ce on the Cit y's officin l web site beginning on the
J'' ,fay of October, 2012 for thiny (30) days.
l{ca<l by title, i1ntl passcU on linnl reading on the 5th day of November, 201 2.
l'ubl,shcd by Lille as amended 111 lhc City 's c l"li c1al new spaper as Orchn anc.c No.~ Sen es ol"
20 12 , o n the 9th cay o: Novcmhcr , 201 2.
PL1bl1shcd by tnlc as amended on th e Cit y's official web site beginn ing on the 7th da y of
No vember. 2012 for thirty (10) days .
I. Loucrishia A Elli s, City Clerk oflhc City of Englewood , Colorado , hcrcl >>· ccn,fy that the
nhove and foregoin g is :1 tmc cop y nf:,Pj Orclin;mce as amcnclr.rl , p:i~'-ed on finnl r~ulin g :met
'"'"'"'"'"'"'"'o"';""~ No "y "''""""" ~~ A
{, Loucri shia A. Ellis
lNTF.RC.OVERNM'F.NT AL AGREEMENT
TI1is Al!leemenl, dated and effective as of _-:,--,--~ 20 , by and
between !he City of Englewood, (hereinafter referred to as "the City") whose address is I 000
Englewood Parkway, Englewood, CO 80110 and Schooi District No. I, Arapahoe County,
(hcrein,Rer refcrre,1 to as "the Schools") whose ,ddress is 4101 South Bannock Street ,
Englewood, CO 80110
WHEREAS , the Englewood Municipal Code has es tablished a building use tax under
4-4-5-3(8)(2) EMC; and
WHEREAS , the State has cxem:,:eJ both tl1e School s and any contractor performing work for
the sch<>0ls from Colorado building use tax ; and
WHEREAS, L'te City of Englewood has exempted the Schools from building use tax ;
however. a simi lar exemption does not exist for contractors doin g work for the Schools; and
WHEREAS, money coming in from building use tax is put into the Public Improvement Fund
(PlF); and
WHEREAS, the PIF provides funding for public infrastructure , and capital improveme~ts ; and
WHEREAS, the school s have worked cooperntively with City stoff to identify o number of
amenities beneficial to the School District and the citizens of Englewood within the Englewood
Schools ' 7-12 Campus Project.
NOW TiiEREFORE, IT IS AGREED by and between the City of Englewood and the
Englewood Public Schools thot :
I. The C:ty Council of the City of Englewood hereby aulhonzcs refunding building use tax paid
by the Contractor Saunders Construction Company. for the Englewood Scbools' 7-12 Campus Project
located at 3800 South LogJ\11 Street , Englewood, Colorado to the School District No . I , Arapahoe
County as fo llows:
a. For the projects described IT\ Ex hib11 A. the actual rebate of 1/3 of the project costs (ll IS
anticipated faat project costs wiU be $300,000 with the rebate to the School District
being St00,0 00).
plus
b. 50% of the actual Use Tax on the project (ll is ant icipated that total Use Tax on lhe
Englewood Schools 7-12 Campus Project is $600,000 with the 50% rebat e being
$300,000).
c. ll 1s on11c1pated the total rebate lo School U1stnct No. 1 Arapahoe County will be
$400,000, but the actual costs and actual Use Tax shall determine the amount of the
rebate .
IN WITNESS WHEREOF , the Parties hereto have caused thi s Agreemen t lo be signed as of
the dale first wnnen above .
By:
Nam e:
TIi ie:
Lo.1c rishi e A. Ell,s, C ilv C lerk
By :
Name :
Ti1k:
Oy :
Nam e:
Till e:
CITY OF EI\GLEWOOD. CO LORAD O
R :mdy r . Penn
Ma yor
SCHOOL DISTRJ C J' NO . I, ARAl'All OE
CO UNTY
SAUN DER S CON STR UC TI ON
Ahcmate 2 (includes $24,000 for intersection improvements)
Parking along Lelugh (not less than 40 s paces)
Mansfield Parking (not less than 29 spaces)
Traffic Sil,'llal Improvements at Logan/Mansfield
EXHIBIT A
$160,650
66,000
47,850
15,000
$2R9,500