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<br />. <br /> <br />. <br /> <br />. <br /> <br />EXHIBIT 1. <br /> <br />SETTLEMENT AGREEMENT <br /> <br />This Settlement Agreement is effective . 2003, and is entered into by and <br />among the Minnesota Attomey General and the City of Mounds View. <br /> <br />\VHEREAS, on July 18.2001. the Office of the State Auditor (hereinafter .'OSA ") sent <br />an initial notice of noncompliance pursuant to Minn. Stat. S 469.1771, subd. 1 (c) to the Mounds <br />Vievv' City Council. making two findings of noncompliance \",ith respect to the City of Mounds <br />View Tax Increment Financing (hereinaHer "TIF") District No.1. one finding of noncompliance <br />with respect to TIF District No.2 and one finding of noncompliance vv'ith respect to notices to the <br />school board and county board of fiscal and economic impact estimates for TIF Districts Nos. 1. <br />2 and 3 and making an additional comment noting concems regarding reporting of certain <br />engineering costs in connection with TJF District Nos. 1 and 3: <br /> <br />\VHEREAS, on September 17. 2001. the City of Mounds View submitted a response to <br />the OSA disputing the OSA' s findings and comments; <br /> <br />\VHEREAS, on 1\ovember 27.2001. the OSA sent its final notice of noncompliance to <br />the City of Mounds View reiterating its findings; <br /> <br />\VHEREAS, on l\'ovember 27.2001, the OSA referred that finding to the Ramsey <br />County Attomey. pursuant to Minn. Stat. S 469.1771. subd. 1 (b): <br /> <br />\VHEREAS, the Ramsey County Attorney's Office did not commence an action <br />regarding this matter w'ithin one year of the date ofreferra1: <br /> <br />\VHEREAS, on December 3.2002. the OSA rderred this matter to the Oflice of the <br />Attorney Gencral (hereinafter "OAGU). pursuant to Minn. Stat. S 469.1771. subd. l(d): <br /> <br />\VHEREAS, pursuant to Minn. Stat. * 469.1771. subd. 2b(a). the OAG is required to <br />revie\\' the materials submitted by the OSA and may initiate a petition in tax court to take action <br />against the authority of the municipality to exercise tax incremcnt financing powers: <br /> <br />\VHEREAS, pursuant to Minn. Stat. 9469.1771, subd. 2b(b). before 1iling a petition to <br />suspend TIF authority. the Attomey General is required to attempt to resolve the matter using <br />appropriate alternative dispute resolution procedures: and <br /> <br />WHEREAS, the OAG has conferred \vith rcpresentatives ofthe City of Mounds View <br />and thc OSA in order to resolve the matter w'ithout legal action. <br /> <br />NOW THEREFORE, based upon a review of the matter and discussions among the <br />partics. it is agreed as follows; <br /> <br />I. The City of Mounds View agrees it will follow the requirements set forth in <br />Minncsota statutes relating to Tax Incrcmcnt Financing and \vill include in all future TIF plans a <br />statemcnt as to the development program and including with reasonable specificity a description <br />of the property within the District. if any. which the City intends to acquire. <br />