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5.1 Public Hearing TIF Plan 2-2
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11-06-2023 Council Meeting
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5.1 Public Hearing TIF Plan 2-2
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CITY OF PEQUOT LAKES —TIF DISTRICT NO. 2 -2 <br />of the fifth year, evidence that the required activity has taken place for each parcel in the TIF District. <br />If a parcel is excluded from the TIF District and the Authority or owner of the parcel subsequently commences <br />any of the above activities, the Authority shall certify to the County Auditor that such activity has commenced and <br />the parcel shall once again be included in the TIF District. The County Auditor shall certify the net tax capacity of <br />the parcel, as most recently certified by the Commissioner of Revenue, and add such amount to the Original Net <br />Tax Capacity of the TIF District. <br />Section 21 Tax Increment Pooling — 5 -year Rule <br />At least 80% of the tax increments from the TIF District must be expended on activities within the district or to pay <br />for bonds used to finance the estimated public costs of the TIF District. No more than 20% of the tax increments <br />may be spent on costs outside of the TIF District, but within the boundaries of the Project Area. All administrative <br />expenses are considered to have been spent outside of the TIF District. Tax increments are considered to have <br />been spent within the TIF District if such amounts are: <br />1. actually paid to a third party for activities performed within the TIF District within five years after <br />certification of the district; <br />2. used to make payments or reimbursements to a third party under binding contracts for activities <br />performed within the TIF District, which were entered into within five years after certification of the district; <br />or <br />3. used to pay bonds that were issued and sold to a third party, the proceeds of which are reasonably <br />expected on the date of issuance to be spent within the later of the five -year period or a reasonable <br />temporary period or are deposited in a reasonably required reserve or replacement fund - <br />Beginning with the sixth year following certification of the TIF District, at least 80% of the tax increments must be <br />used to pay outstanding bonds or make contractual payments obligated within the first five years. When <br />outstanding bonds have been defeased and sufficient money has been set aside to pay for such contractual <br />obligations, the TIF District must be decertified. <br />Section 22 Excess Tax Increment <br />On December 31st of each year, the Authority must determine the amount of excess increments for the TIF <br />District. Excess increments may only be used to: <br />1. prepay any outstanding tax increment Bonds; <br />2. discharge the pledge of tax increments on any outstanding Bonds; <br />3. pay amounts into an escrow account dedicated to the payment of any outstanding Bonds; or <br />4. return excess tax increments to the County Auditor for redistribution to the City, County and School <br />District in proportion to their local tax capacity rates. The County Auditor must report to the Commissioner <br />of Education the amount of any excess tax increment redistributed to the School District within 30 days <br />of such redistribution. <br />Section 23 Limitation on Administrative Expenses <br />Administrative expenses are defined as all costs of the Authority other than: <br />1. amounts paid for the purchase of land; <br />2. amounts paid for materials and services, including architectural and engineering services directly <br />connected with the proposed development within the TIF District; <br />3. relocation benefits paid to, or services provided for, persons or businesses located within the TIF District; <br />or <br />4. amounts used to pay interest on, fund a reserve for, or sell at a discount, tax increment bonds. <br />Administrative expenses include amounts paid for services provided by bond counsel, fiscal consultants, planning <br />or economic development consultants, and actual costs incurred by the City in administering the TIF District. Tax <br />increments may be used to pay administrative expenses of the TIF District up to the lessor of (a) 10% of the total <br />estimated public costs authorized by the TIF Plan or (b) 10% of the total tax increment expenditures of the project. <br />0 <br />
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