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CCAgenda_04Feb4_wksp
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CCAgenda_04Feb4_wksp
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• CH <br />P <br />17 <br /> TER <br />A <br /> Minn. Stat. 3 469.177, s~bd. s. The TIF agreement with the developer is a complex document. Assistance <br /> from a financial advisor and the city attorney is necessary in order to <br /> <br />" anticipate the many potential problems. An agreement can establish a <br /> see <br />Protecting City Interests in <br />TIF Agreements" in Minnesota minimum market value for tax increment assessment oses as well as <br />p~ ~ <br /> cities, June/ruly, 1998, p. 19. A provide that the developer pay a certain level of taxes regardless of any <br /> copy maybe obtained from the classification rate changes or levy decreases The agreement should be <br /> Leaguo Research Service by <br />calling (651) 281-1220 or (800) entered into before the assembly and acquisition of the land on which the <br /> 925-1122, completed improvements are to be located. <br /> Sce also Brookfreid v. Cou>rry of <br /> Ramsey 609 N.W.2d 868 (Minn, <br /> 1998); Lake Superior Paper <br /> lndu3'tires Y. Stat¢ and County Uf <br /> Sr. Louis, 624 N. W.2d 254 <br /> (Minn.20O1). <br /> Sce Minn. Stet. §§ 469. ] 77, The 2001 tax reform legislation, which reduced class rates and provided for <br /> subds. 1b, 1 l; 469.1771, subd. 1; <br />469.1792; 469.1793; 469.1799; the state takeover of the eneral education le resulted in several char es <br />g ~~ g <br /> ana a69.1 s 1a. to various statutes to accommodate the changes. The continued viability of <br /> TIF in the future has been considerably reduced by these changes. <br /> Walker Auto Sales v. City of Cities should use extreme care in establishing a TIF district and should <br /> Richfield, 635 N.W.Zd 391 <br />(Minn. App. 2001), follow all rocedural re ments otherwise a court ma find the district <br />p gU1re ~ y <br /> was not properly established. <br />• Given the complexity of the laws governing the use of TIF, cities or HRAs <br /> should not undertake this method of financing community development <br /> projects without the advice of an attorney and professional consultants. <br />F. Property tax abatement <br />Minn. Stat. §§ 469.1812 to A city may grant an abatement of some or all of the taxes or the increase in <br />a69.1s1s. taxes it imposes on a parcel of property if the city expects the benefits of the <br />proposed abatement agreement to at least equal the costs of the proposed <br />agreement. The city must also determine that the agreement is in the public <br />interest because it will increase or preserve tax base, provide employment <br />opportunities, provide or help acquire or construct public facilities, help <br />redevelop or renew blighted areas, or help provide access to services for <br />residents of the city. <br />Property taxes in a TIF district cannot be abated unless the period of the <br />abatement will not occur until after the district is decertified. <br />A resolution must be adopted after notice and public hearing, specifying the <br />terms of the abatement. There are statutory limits on the duration and <br />amount of the abatement. Bonds maybe issued in an amount equal to the <br />sum of the proposed abatements to provide funds for projects. <br />School districts and counties have similar abatement powers. A city, county, <br />and school district can agree to abate their taxes on the same property. <br />• HANDBOOK FOR MINNESOTA CITIES <br />17-IS <br />~9 <br />
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