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HomeMy WebLinkAboutResolution No. 4530 RESOLUTION NO. .!::lS.;3o A RESOLUTION AMENDING RESOLUTION NO. 4529 TO CHANGE THE PROCESS FOR IMPLEMENTING LOCAL CRITERIA APPLICABLE TO THE WEST EUGENE ENTERPRISE ZONE. The City Council of the City of Eugene finds that: A. On June 30,1997, the City Council approved Resolution No. 4529, and the County Board of Commissioners approved Order No. 97-6-30-1 in order to adopt local criteria applicable to the West Eugene Enterprise Zone. As part of those actions, the Council and Board adopted a process for implementing the local criteria. B. The County has requested an amendment to the Resolution and Order in order to clarify the process for implementing the local criteria. The City Council agrees that it would be in the public interest to clarify that process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. Based upon the above findings, which are adopted herein, Section 3 of Resolution No. 4529 is amended to read as follows: "Section 3. The Enterprise Zone Committee shall include six members: two city councilors chosen by the City Council; two county commissioners chosen by the Board of Commissioners; one additional elected official and a representative from the West Eugene Enterprise Zone businesses. The additional elected official and business representative shall be chosen by the other four members, and each shall serve a term of one year. The additional elected official shall be a member of a governing body of one of the local educational institutions (i.e., a school district, Lane Educational Service District or Lane Community College) and the position shall be rotated amongst the institutions. The Enterprise Zone Committee shall be responsible for: (a) making recommendations to the City Council and Board of Commissioners about how to determine the amount of the public benefit contribution based on the criteria in Section 4; and (b) recommendations on how to allocate the funds received from the public benefit contributions as provided in Section 5. In making these recommendations, the Committee shall follow the procedures specified in Section 6." Resolution - 1 Section 2. Section 6 of Resolution No. 4529 is amended to read as follows: "Section 6. (A) After all 6 members of the Enterprise Zone Committee have been selected, the Committee shall hold one or more public hearings to take public input about a point system for the seven local criteria listed in section 4. The point system shall be structured such that it removes all subjectivity from the determination about the percentage of public benefit contribution each company must make, with a floor of 0% and a maximum of 15%. The Committee's action shall be in the form of a recommendation to the City Council and Board of Commissioners. Upon receipt of the Committee's recommendation, the Council and Board shall consider the recommendation and either adopt the recommendation or adopt a different point system. Both the Council and Board must agree before the point system takes effect. In the event it becomes necessary to act on a pre-certification application before the Council and Board have agreed to a point system, then the provisions of subsection (B) of this Section 6 shall govern. "(B) The provisions of this subsection shall apply only in the event that the Council and Board have not agreed on a point system prior to the time it is necessary to act on a pre-certification application or in the event of a court decision rendering Section 6(A) above invalid. Following receipt of a pre-certification application for the enterprise zone tax exemption, the Enterprise Zone Committee shall hold a public hearing. The purpose of the public hearing shall be to receive input about both the appropriate amount of a public benefit contribution, and how the funds, if any, should be allocated among the city, county and local educational institutions. Notice of the public hearing shall be published in a newspaper of general circulation in Lane County. In addition, individual notices of the public hearing shall be provided to the local educational institutions, requesting their input. Following the public hearing, the Enterprise Zone Committee shall determine the amount of the public benefit contribution, and how the funds shall be allocated. The Committee's decision shall be a recommendation forwarded to the Board of Commissioners and the City Council. In the event the Board of Commissioners or the City Council does not agree, the amount of the payment shall be the percentage recommended by the Committee or 10%, whichever is less. The City Council and Board of Commissioners may by mutual agreement select a percentage different than that recommended by the Committee, so long as the percentage is less than 15%. Section 3. If any section, subsection, clause or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, then this Resolution shall become null and void, and Resolution 4529 shall again be fully operative as if this Resolution had never been adopted. Section 4. Except as amended herein, all other provisions of Resolution No. 4529 remain in full force and effect. Resolution - 2 Section 5. This Resolution shall take effect immediately upon adoption by the Council and adoption of a substantially similar resolution by the Board of County Commissioners. The foregoing Resolution adopted the 9th day of July, 1997. /J- t! fl'7 City Recorder Resolution - 3