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."
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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.
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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.
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City Recorder
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