Title 2 ADMINISTRATION AND PERSONNEL*
Chapter 2.50 ECONOMIC DEVELOPMENT ADVISORY BOARD
2.50.035 Additional duties and responsibilities.
In addition, the board shall:
A. Obtain information, analyze financial
data and report to the Clovis city commission concerning any industrial,
economic, commercial or business project requesting
or applying for financial
assistance from the city, whether same be for industrial revenue bond financing,
the Local Economic Development Act or the Development Incentive Act.
Recommendations of the board are advisory only and are not binding on the city
commission. Unless otherwise specified by ordinance or state law governing the
procedures for evaluation, the procedures set forth in the ordinance codified in
this chapter shall apply.
B. Whenever the city commission receives an
application for assistance in connection with the establishment or construction
of an industrial, commercial or business project or facility, the city
commission shall direct the applicant to the board. The applicant shall be
required to prepare a detailed application in writing, on a form to be provided
by the board and submitted to it. The application shall be accompanied by an
application fee in an amount to be established from time to time by resolution
of the city commission. Proceeds from such application fees will be deposited
with the city treasurer in a special account, which shall be used solely for
purposes of funding the activities of the board. In no event shall any part of
the application fee be refundable to the applicant, regardless of the cost of
processing the application.
C. Upon receipt by the board of an application
for municipal assistance completed in a manner satisfactory to it, the board
shall forthwith commence an investigation of the applicant and of the matters
contained in the application, which shall include an investigation of at least
the following factors:
1. The legal status of the project described in the
application, and whether or not the project can be lawfully instituted,
constructed or operated with the municipal assistance proposed in the
application;
2. The applicant itself (and if the applicant is a subsidiary
of another firm owning a majority of stock in the applicant, the parent firm),
to determine the financial status of the applicant and its ability to perform
the duties which will be imposed upon the applicant as a result of the
application;
3. The financial feasibility of the
project;
4. Verification of the fact that the project will serve the public
benefit of the citizens of the city, by providing its citizens with job
opportunities and with a source of additional income;
5. The proposed
technology for the project, to insure that the project will be in fact capable
of achieving those purposes stated in the application;
6. Upon completion of
the investigation, the board shall have the responsibility in formulating a
written report concerning the application which it shall submit to the city
commission. The written report shall detail the findings of the board and shall
conclude with a recommendation to the city commission as to whether or not
municipal financial assistance should be furnished to the applicant in
connection with the proposed project. This shall be a recommendation only, and
final authority for determining whether municipal assistance shall be given in
connection with a proposed project shall be made solely by the city
commission.
D. Should the board’s report to the city commission
recommend that municipal assistance be given to the applicant, the written
report will be accompanied by a suggested form of inducement resolution inviting
the establishment of the project to be acted upon by the city commission in the
regular course of its business. The inducement resolution shall contain such
matters as may be required by law.
E. Should the city commission, with or
without the recommendation of the board, determine that municipal financial
assistance should be given to a firm desiring to construct or establish an
industrial, commercial or business project within or near the corporate limits
of the city, the city commission shall advise the board of the
commission’s decision. Immediately thereafter, the board shall commence
preparation of such proceedings as might be required by federal or state law or
regulation in order to accomplish the purposes sought by the city commission.
The boards work in preparation of formal legal proceedings shall be undertaken
in consultation with appropriate officials of the city, representatives of the
applicant and representatives of such other firms as the board shall consider
necessary. In no event shall any formal legal proceedings be submitted to the
city commission unless such proceedings are in compliance with all provisions of
this code.
F. Upon the completion of those activities required by this
section, the board shall cause to be submitted to the city commission all formal
legal proceedings which shall be necessary for the completion of the financial
assistance required by the firm desiring to construct or establish an
industrial, commercial or business project within or near the corporate limits
of the city. Upon submission of such proceedings, the duties of the board in
connection with such proposed projects shall cease. (Ord. 1686-2001 § 3,
2001).
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