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<br />NOW, THEREFORE, based upon the above findings, <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a <br />Municipal Corporation of the State of Oregon, as follows: <br /> <br />Section 1. Pursuant to ORS 285B. 704(3 )(b), the City approves Hynix' s qualification for <br />a property tax exemption under ORS 285B.698, subject to the following six conditions: <br /> <br />a. To remain qualified for a tax exemption, Hynix shall maintain a minimum <br />average annual employment level equal to 650 employees during the period of the <br />exemption. The definitions of employee and employment in ORS 285B.650 and OAR 123- <br />065-4400 to -4410 shall govern the interpretation of this condition and the calculation of <br />employment levels, except that the term "employee" shall not include persons who are <br />leased, contracted for or otherwise obtained through another entity. Notwithstanding the <br />previous sentence, for the first year of the exemption, the calculation of average annual <br />employment shall be based on the seven months between April 1 and November 1,2002. <br />For each year thereafter, the calculation shall be based on the 12 months preceding <br />November 1 of that year. <br /> <br />b. By November 15 of each year of the tax exemption, Hynix shall deposit into <br />an interest-bearing escrow account established for that purpose an amount equal to the <br />amount of taxes that would be due if the property were not exempt, which amount is to be <br />determined from the tax assessor's office. For purposes ofORS 285B.728(6), this payment <br />shall be considered a payment to the sponsor. <br /> <br />c. F or each year of the tax exemption, local schools shall receive from the <br />escrow account referenced in subsection (b) an amount equal to the sum of the permanent <br />tax rates of Lane ESD, Lane Community College and School District 4-J, multiplied by the <br />assessed value of Hynix ' s qualified property per thousand. That amount shall be distributed <br />proportionally (based on permanent tax rates) to K-12 education, Lane ESD, and Lane <br />Community College. The K-12 contribution shall be distributed to the 4-J and Bethel school <br />districts in amounts proportional to the districts' enrollments. <br /> <br />d. For each year of the tax exemption, the City and County shall collectively <br />receive from the escrow account an amount equal to: the payment referenced in subsection <br />(b), less the payment of the funds to the local schools referenced in subsection (c), less the <br />amount of Hynix' s financial benefit (as calculated pursuant to subsection (e) below). The <br />City and County shares of this payment shall be based on the ratio of the city's permanent <br />tax rate to the county's permanent tax rate. <br /> <br />e. Hynix' s financial benefit, net of the school contributions described in <br />subsection (c), shall be proportional to the average annual employment level it achieves <br />relative to the employment level of 986 employees that would be required without this <br /> <br />Resolution - 2 <br />