Sec. 130-299. Agreement required.
(a) The terms and conditions of any sales or use tax waiver granted by the city shall be set forth in a written agreement between the city and the taxpayer, approved by resolution of the city council, and executed by the mayor.
(b) The city council may consider the following factors in determining whether to enter into an agreement for the waiver of sales or use tax:
(1) The length of time during which the taxpayer intends to operate the commercial or industrial enterprise.
(2) The number of jobs in the city which are likely to be generated directly or indirectly as a result of the commercial or industrial enterprise.
(3) The extent to which the taxpayer establishing, expanding, or redeveloping the commercial or industrial enterprise intends to encourage its employees at the commercial or industrial enterprise to reside within the city and to recruit new employees from residents of the City.
(4) The extent to which the taxpayer establishing, expanding, or redeveloping the commercial or industrial enterprise intends to contract with city residents and city-based companies for services and goods at the commercial or industrial enterprise.
(5) The extent of capital investment in the City by the taxpayer.
(6) The extent to which the commercial or industrial enterprise will generate other tax revenue for the City, county, and state.
(7) The extent of the public benefits to be derived from the agreement.
(c) At a minimum, any agreement relating to the waiver of city sales or use tax shall be subject to the following requirements:
(1) The taxpayer shall establish, expand, or redevelop a commercial or industrial enterprise in the city and maintain full operations at such facility for such period of time as determined by the city council;
(2) The taxpayer shall warrant to the city that the commercial or industrial enterprise shall be in compliance with all applicable zoning and other federal, state, county, and city statutes, rules, regulations, and ordinances; and
(3) The terms of the agreement between the city and the taxpayer shall provide for sanctions, including but not limited to termination of the agreement and reimbursement of sales or use tax waived by the city with reasonable interest thereon, if the taxpayer fails to meet its obligations thereunder. Such agreement shall further provide procedures and remedies to enforce all terms and conditions therein, including but not limited to the imposition of liens upon real and personal property.
(d) The decision whether to enter into an agreement for the waiver of city sales or use tax shall be at the sole discretion of the city council. No such agreement shall be entered into by the city pursuant to this section prior to the approval of such agreement by the city attorney as to form.
(e) The term of any agreement made pursuant to the provisions of this section shall be as determined by the city council. (Code 1979, § 36-263; Ord. No. 2012-12, §§ 2, 3, 3-19-2012; Ord. No. 96-21, § 5, 7-1-1996)