Agenda - Council - 11/13/2012 - Laserfiche WebLink

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(b) Development or redevelopment of the site, in the opimon of the authority, would not reasonably be expected to occur solely through pnvate investment and tax Increment otherwise available, and therefore the hazardous substance district is deemed necessary (c) Other parcels that are not designated hazardous substance sites are expected to be developed together with a designated hazardous substance site (d) The subdistrict is not larger than, and the period of time during which Increments are elected to be received is not longer than, that which is necessary in the opimon of the authority to provide for the additional costs due to the designated hazardous substance site (e) Upon request by an authority that has incurred expenses for removal or remedial actions to implement a development response action plan, the attomey general may (1) bring a civil action on behalf of the authority to recover the expenses, mcluding admmistrative costs and litigation expenses, under section 115B 04 or other law, or (2) assist the authority in bringing an action as described m clause (1), by providmg legal and technical advice, intervening in the action, or other appropriate assistance The decision to participate m any action to recover expenses is at the discretion of the attomey general (f) If the attomey general brings an action as provided m paragraph (e), clause (1), the authonty shall certify its reasonable and necessary expenses mcuned to anplement the development response action plan and shall cooperate with the attomey general as required to effectively pursue the action The certification by the authority is prima facie evidence that the expenses are reasonable and necessary The attomey general may deduct litigation expenses incurred by the attomey general from any amounts recovered m an action brought under paragraph (e), clause (1) The authority shall reimburse the attomey general for litigation expenses not recovered in an action under paragraph (e), clause (1), but only from the additional tax Increment required to be used as described in section 469 176. subdivision 4e The authority must reimburse the attomey general for litigation expenses incurred to assist in bringing an action under paragraph (e), clause (2), but only from amounts recovered by the authority in an action or, if the amounts are insufficient, from the additional tax mcrement required to be used as described m section 469 176. subdiv1516114q All money recovered or paid to the attomey general for litigation expenses under this paragraph shall be paid to the general fund of the state for deposit to the account of the attomey general For the purposes of this section, "litigation expenses" means attomey fees and costs of discovery and other preparation for litigation (g) The authority shall reimburse the pollution control agency for its admmistrative expenses Incurred to review and approve a development action response plan The authority must reimburse the Pollution Control Agency for expenses incurred for any services rendered to the attomey general to support the attomey general m actions brought or assistance provided under paragraph (e), but only from amounts recovered by the authority m an action brought under paragraph (e) or from the additional tax Increment required to be used as described in section 469 176. subdivision 4e All money paid to the pollution control agency under this paragraph shall be deposited m the remediation fund (h) Actions taken by an authority consistent with a development response action plan are deemed to be authorized response actions for the purpose of section 115B 17, subdivision 12 An authority that takes actions consistent with a development response action plan qualifies for the defenses available under sections 115B 04. subdivision 11. and 115B 05. subdivision 9 (i) All money recovered by an authority in an action brought under paragraph (e) m excess of the amounts paid to the attomey general and the Pollution Control Agency must be treated as excess increments and be distributed as provided in section 469 176. subdivision 2. clause (4), to the extent the removal and remedial actions were initially financed with Increment revenues Subd 7a [Repealed. 1995 c 264 art 5 s 481 Subd 8 Payment of debt service on credit enhanced bonds. A tax Increment financing plan may provide for the use of the tax mcrement to pay, or secure payment of, debt service on credit enhanced bonds issued to finance any project located within the boundaries of the municipality, whether or not the tax mcrement financing district from which the mcrement is derived is located within the boundaries of the project History: 1987 c 291 s 176.. 1987 c 312 art 1 s 26 subd 2; 1988 c 719 art 5 s 84: art 12 s 9-14; 1989 c 277 art 2 s 63. 1989 c 329 art 13 s 20: 1989 c 335 art 1 s 246.247; 1 Sp1989 c 1 art 14 s 6-8; 1990 c 604 art 7 s 10-14; 1993 c 375 art 3 s 43: art 14 s 7-9; 1995 c 264 art 5 s 17-21; 1996 c 471 art 7 s 11-13; art 11 s 14; 1997 c 231 art 10 s 5. 1998 c 389