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2,022.03 Business subsidies must be justified by evidence that the project cannot <br />proceed without the benefit of the subsidy. If tax increment financing is used to <br />grant a subsidy, the recipient must demonstrate compliance with all statutory <br />requirements of the TIF Act, including the '11)ut for'-"' test, if applicable, and any <br />TIF policy adopted by the City or the EDA. The recipient will be required to <br />provide all documentation necessary for the City or the EDA to make the requisite <br />fundingsfindings under the TIF Act and the Business Subsidy Act. <br />2.032.04 Recipients will be required to enter into an agreement with the City or the <br />EDA which is consistent with statutory requirements and which contains <br />measurable, specific and tangible goals. The agreement must include a <br />commitment to remain in business in Lino Lakes for a minimum of five years after <br />the benefit date (as defined in the Business Subsidy Act, benefit date means the date <br />the item or work paid for with the business subsidy is placed in service), unless <br />waived by the City or the EDA, and a requirement to comply with the specific job <br />and wage goals established for the project, if any. <br />Section 3. Business Subsidy Criteria <br />3.01 The City and the EDA recognizes that every proposal is unique. Nothing in these <br />criteria shall be deemed to be an entitlement or to establish a contractual right to a <br />subsidy. The City and the EDA may modify these criteria from time to time and <br />reserves the right to evaluate each project on its individual merits. The City and the <br />EDA may deviate from these criteria by documenting in writing the reason for the <br />deviation and attaching a copy of the document to its next annual report to the <br />Minnesota state agency charged with administration thereof. <br />3.02 The following criteria shall be utilized in evaluating a request for a business <br />subsidy: <br />1-232656v1 <br />LN110 4-2 <br />479195v2 <br />(a) Public purpose. A business subsidy must meet a public purpose, including <br />but not limited to increasing the tax base. Job retention may only be <br />considered a public purpose if the loss of jobs is specific and demonstrable. <br />(b) <br />Increase in tax base. While an increase in the tax base cannot be the sole <br />rounds for granting a subsidy, the City believesand the EDA believe it is a <br />necessary condition for any subsidy. <br />(c) Jobs and Wages. In instances in which job creation is determined to be a <br />goal, it the City'the City and the EDA will review all of the unique <br />circumstances surrounding the proposed development to determine how <br />many jobs should be required in exchange for the proposed subsidy. If _job <br />creation is determined to be one of the main goals of a proposed <br />development, it is the City's and the EDA's intent that the recipient create <br />the maximum number of livable wage jobs at the site: with no fewer than 5 <br />jobs. This may include jobs to be retained but only if retention is specific <br />2 <br />