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10-28-2015 Council Packet
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10-28-2015 Council Packet
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CHAPTER 13 - ECONOMIC DEVELOPMENT AND SPECIAL PROGRAMS <br />a resolution of the authority or municipality, passed before the loan is made. The terms of the loan must <br />be in writing and include the principal amount, term, and interest rate. <br />A land write-down occurs when the development authority transfers property to a developer at less than <br />authority's acquisition cost. For example, an HRA may acquire a parcel for $1 million and spend an <br />additional $100,000 demolishing a building on the property. If the HRA sells the property to a developer <br />for $500,000, the price of the land is "written down" from the HRA's $1.1 million cost to $500,000. The <br />authority may give the land to the developer---i.e., "write it" down to zero. <br />A municipality is the general purpose governmental unit required to approve new TIF districts, issuance <br />of bonds, and other major TIF decisions made initially by the development authority. M.S.§ 469.174, <br />subd. 6; 469.175, subd 3. In most cases, the municipality is the city in which the project is located but it <br />may be a township or a county. For projects located outside of a city or for certain multi -county projects, <br />the municipality is the county. <br />Original tax capacity is the tax capacity of the TIF district when the TIF district is established. <br />(hazardous substance subdistricts are an exception to this rule. For these subdistricts, the original tax <br />capacity value is reduced by estimated cleanup costs.) This value is occasionally referred to as the <br />frozen value. The original tax capacity is subject to adjustment if tax exempt property in the district <br />becomes taxable, taxable properties become tax exempt, the legislature modifies the class rates of <br />properties in the district, or parcels are added to or deleted from the district. <br />Original local tax rate is the sum of the tax rates imposed by all the taxing districts (e.g., city, county, <br />and school district) in the year the TIF district is created. This rate is multiplied by the captured tax <br />capacity to determine the amount of tax increment. These rules apply only to post -1988 districts. For <br />pre -1988, increment is determined using the current year local tax rates. Local tax rates are after <br />adjustment for any disparity reduction aid. The original local tax rate never changes. <br />Pay-as-you-go financing relies on the private developer or property owner to initially finance the costs <br />of the TIF improvements. A development agreement between the authority and the developer, then, <br />provides the developer will be repaid as tax increments are collected. This method of financing allows <br />the city or authority to avoid borrowing money (e.g., by issuing bonds) to pay for the costs of up -front or <br />to "capitalize interest." the developer bears these costs until increments are collected. The developer may <br />only be reimbursed for costs that can be financed with TIF. Pay-as-you-go financing has become more <br />popular after the federal tax law made it more difficult to use tax exempt bonds to finance many TIF <br />costs. <br />Pooling of increments is permitted under the TIF act for post -1982 TIF districts. M.S. 469.175, subd. 1 <br />and 4; 1982 Minn. Laws 888-92, chap. 523, art. 38 " 3, 5, and 10. Pooling allows increments collected <br />from a TIF district to be expended on activities geographically located outside the district or functionally <br />um -elated to the development in the district, if the activities are within the same project area. The <br />activities may or may not be located in another TIF district. There are a variety of different mechanical <br />means of pooling increments, including use of large project areas, "master projects," and other <br />mechanisms. <br />TAX INCREMENT FINANCING 13.01 - 37 <br />REVISION DATE: NOVEMBER, 2010 <br />
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