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Agenda - Council - 01/23/2007
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Agenda - Council - 01/23/2007
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Council
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01/23/2007
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<br />capacity to be retained by the City, increase in total estimated Public Costs or designation of <br />additional property to be acquired by the City shall be approved upon the notice and after the <br />discussion, public hearing and fmdings required for approval of the Tax Increment Financing <br />Plan. The geographic area of a Tax Increment Financing District may be reduced, but shall not <br />be enlarged after five years following the date of certification of the original net tax capacity by <br />the county auditor. The requirements of this paragraph do not apply if (1) the only modification <br />is elimination of parcels from the project or district and (2)(A) the current tax capacity of the <br />parcels eliminated from the district equals or exceeds the tax capacity of those parcels in the <br />district's original tax capacity or (B) the authority agrees that, notwithstanding Section 469.177, <br />subdivision 1, the original tax capacity will be reduced by no more than the current tax capacity <br />of the parcels eliminated from the district. The authority must notify the county auditor of any <br />modification that reduces or enlarges the geographic area of a district or a project area. <br /> <br />Section 3.19 Limitation on Administrative Expenses. In accordance with Minnesota <br />Statutes, Section 469.174, Subdivision 14 and Minnesota Statutes, Section 469.176, Subdivision <br />3, administrative expenses means all expenditures of an authority other than (1) amounts paid for <br />the purchase of land; (2) amounts paid to contractors or others providing materials and services, <br />including architectural and engineering services, directly connected with the physical <br />development of the real property in the project; (3) relocation benefits paid to or services <br />provided for persons residing or businesses located in the project; (4) amounts used to pay <br />principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to Section <br />469.178; or (5) amounts used to pay other financial obligations to the extent those obligations <br />were used to finance costs described in clauses (1) to (3). For districts for which the requests for <br />certifications were made before August 1, 1979, or after June 30, 1982, administrative expenses <br />includes amounts paid for services provided by bond counsel, fiscal consultants, and planning or <br />economic development consultants. No Tax Increments shall be used to pay any administrative <br />expenses for a project which exceed ten percent of the total expenditures authorized by the Tax <br />Increment Financing Plan or tlle total Project Costs, whichever is less. <br /> <br />Section 3.20 Limitation on ~ualification of Property in Tax Increment Financing <br />Districts Not Subject to Improvement. Pursuant to Minnesota Statutes, Section 469.176, <br />Subdivision 6, "if, after four years from the date of certification of the original net tax capacity of <br />the tax increment financing district..., no demolition, rehabilitation or renovation of property or <br />other site preparation, including qualified improvement of a street adjacent to a parcel but not <br />installation of utility service including sewer or water systems, has been commenced on a parcel <br />located within a tax increment fmancing district by the authority or by the owner of the parcel in <br />accordance with the tax increment financing plan, no additional tax increment may be taken from <br />that parcel and the original net tax capacity of that parcel shall be excluded from the original net <br />tax capacity of the tax increment financing district. If the authority or the owner of the parcel <br />subsequently commences demolition, rehabilitation or renovation or other site preparation on <br />that parcel including qualified improvement of a street adjacent to that parcel, in accordance with <br />the tax increment fmancing plan, the authority shall certify to the county auditor that the activity <br />has commenced, and the county auditor shall certify the net tax capacity thereof as most recently <br />certified by the commissioner of revenue and add it to the original net tax capacity of the tax <br />increment fmancing district." The City must submit to the county auditor evidence that the <br />required activity has taken place for each parcel in the tax increment financing district. The <br /> <br />1954494v3 <br />-170- <br /> <br />9 <br />
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