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HomeMy WebLinkAboutEDA RES 2002-05COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2002-05 APPROVING AND RATIFYING THE TERMS OF $109,852 INTERNAL LOAN IN CONNECTION WITH TIF 4 MULTI PLAN CARGILL (MURP ~ K2) TAX INCREMENT FINANCING DISTRICT. BE IT RESOLVED BY THE BOARD OF COMMISSIONERS ("BOARD") OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY ("AUTHORITY") AS FOLLOWS: Section 1. Background. 1.01. The Authority has heretofore approved the establishment of MURP (K2) Tax Increment Financing District (the "TIF District") within Central Business Redevelopment District (the "Project"), and has adopted a tax increment financing plan for the purpose of financing certain improvements within the Project. 1.02. The Authority determined to pay for certain costs identified in the TIF Plan consisting of acquisition and site improvement costs (collectively, the "Qualified Costs"), which costs were financed on a temporary basis from the TIF Bonds fund pursuant to a disbursement from such fund of $109,852 on December 31, 1998. 1.03. Under Minnesota Statutes, Section 469.178, Subdivision 7, the Authority is authorized to advance or loan money fi:om the Authority's general fund or any other fund from which such advances may be legally made, in order to finance the Qualified Costs and to ratify any such advances or loans made prior to August 1, 2001. 1.04. The Authority intends to reimburse itself for the Qualified Costs from tax increments derived from the TIF District in accordance with the terms of this resolution (which terms are referred to collectively as the "TIF Loan"). Section 2. Terms of TIF Loan. 2.01. The Authority shall repay to the Authority fund fi:om which the Qualified Costs are initially paid, the principal amount of $109,852 together with interest on the principal amount expended accruing from the date of each initial expenditure, at the greatest of (a) the rate specified under Minnesota Statutes, Section 270.75, or (c) the rate specified under Minnesota Statutes, Section 549.09. The interest rate for each calendar year during the term of the T1F Loan will be determined as of each January 1, using the maximum rate under clauses (a) or (b) in effect as of that date. 2.02. Principal and interest ("Payments") shall be paid semi-annually on August 1, 2002 and each August 1 and February 1 thereafter to and including the earlier of (a) the date the principal and accrued interest of the TIF Loan is paid in full, or (b) the date of last receipt of tax increment from the TIF District ("Payment Dates") which Payments will be made in the amount and only to the extent of Available Tax Increment as hereinafter defined. Payments shall be applied first to accrued interest, and then to unpaid principal. Interest accruing from the date of each expenditure to the first Payment Date shall be compounded semiannually on February 1 and August 1 of each year and added to principal. 2.03. Payments on this TIF Loan are payable solely from "Available Tax Increment," which shall mean, on each Payment Date, all of the tax increment generated in the preceding six (6) months with respect to the property within the TIF District [or name other districts] and remitted to the Authority by Anoka County, all in accordance with Minnesota Statutes, Sections 469.174 to 469.179. Payments on this TIF Loan are subordinate to any outstanding or furore bonds, notes or contracts secured in whole or in part with Available Tax Increment, and are on parity with any other outstanding or future interfund loans secured in whole or in part with Available Tax Increment. 2.04. The principal sum and all accrued interest payable under this TIF Loan are pre-payable in whole or in part at any time by the Authority without premium or penalty. No partial prepayment shall affect the amount or timing of any other regular payment otherwise required to be made under this Loan. 2.05. This TIF Loan is evidence of an intemal borrowing by the Authority in accordance with Minnesota Statutes, Section 469,178, subdivision 7, and is a limited obligation payable solely from Available Tax Increment pledged to the payment hereof under this resolution. This TIF Loan and the interest hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political subdivision thereof, including, without limitation, the Authority. Neither the State of Minnesota, nor any political subdivision thereof shall be obligated to pay the principal of or interest on this TIF Loan or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the payment of the principal of or interest on this TIF Loan or other costs incident hereto. The Authority shall have no obligation to pay any principal amount of the TIF Loan or accrued interest thereon, which may remain unpaid after the final Payment Date. 2.06. The Authority may amend the terms of this TIF Loan at any time by resolution of the Authority's Board of Commissioners, including a determination to forgive the outstanding principal amount and accrued interest to the extent permissible under law. Section 3. Ratification. 3.01. The Board ratifies all actions of its staff and consultants in making the TIF Loan, and in making all the prior repayments. Staff is authorized and directed to attach to this resolution schedules indicating the payments applied to the TIF Loan and the outstanding principal amount of the TIF Loan as of the date of approval of this resolution. 3.02. The Board authorizes and directs staff to take all actions necessary to repay the outstanding balance of the TIF Loan in accordance with this resolution. Section 4. Effective Date. Adopted this ATTEST: This resolution is effective upon the date of its approval. /'"7 day of f"~, 2002. Rober~ Ruettim/u,tfi- PreSident Walter R. Fehs~t~ Exeofitive Director H:\Resolution2002\EDA2002-05