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11-21-2022 HRA Resolution No. 1445HRA Resolution No. 1445 1 HRA RESOLUTION NO. 1445 RESOLUTION APPROVING A SPENDING PLAN FOR CERTAIN TAX INCREMENT FINANCING DISTRICTS LOCATED IN THE CITY OF RICHFIELD WHEREAS, the City of Richfield, Minnesota (the “City”) and the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota (the “Authority”) have previously established the following tax increment financing districts located within the Richfield Redevelopment Project in the City and adopted tax increment financing plans therefor, pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended, and Minnesota Statutes, Sections 469.174 through 469.1794, as amended (the “TIF Act”): the Interchange West and Lyndale Gateway Tax Increment Financing District, the Urban Village Tax Increment Financing District, and the City Bella Tax Increment Financing District (collectively, the “TIF Districts”); and WHEREAS, Section 469.176, subdivision 4n of the TIF Act (the “Temporary TIF Authority Act”) authorizes the Authority to spend available tax increment from any existing tax increment financing district, notwithstanding any other law to the contrary, to provide improvements, loans, interest rate subsidies, or assistance in any form to private development consisting of construction or substantial rehabilitation of buildings and ancillary facilities, if the following conditions exist: (1) Such assistance will create or retain jobs in the State of Minnesota, including construction jobs; (2) Construction commences before December 31, 2025; (3) The construction would not have commenced before the dates specified above without the assistance; (4) Tax increments under the spending plan are spent by December 31, 2025; and (5) The City Council of the City approves a written spending plan (after a duly noticed public hearing) that specifically authorizes the Authority to take such actions; and WHEREAS, the Authority has proposed to apply available tax increments from the TIF Districts for various uses in accordance with the Temporary TIF Authority Act, and to that end has caused to be prepared a spending plan for the TIF Districts (the “Spending Plan”); and WHEREAS, the assistance authorized under the Spending Plan expressly includes but is not limited to assistance for private development that provides for job creation or development of housing, including but not limited to market rate and affordable multifamily, townhomes, and single-family units; and WHEREAS, assistance authorized and provided under the Spending Plan may constitute a business subsidy as described in Minnesota Statutes, Sections 116J.993 to 116J.995, as amended (the “Business Subsidy Act”), which will require that the Board conduct a public hearing prior to providing such financial assistance to a developer; and HRA Resolution No. 1445 2 WHEREAS, on December 13, 2022, the City Council of the City will conduct a public hearing regarding the Spending Plan in accordance with the Temporary TIF Authority Act and consider a resolution approving the Spending Plan; and NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota that: 1. The Spending Plan is hereby approved in substantially the form on file in City Hall. 2. The Authority makes all the findings set forth in the Spending Plan, which are incorporated herein by reference. 3. Authority staff and consultants are hereby authorized to take actions necessary to carry out the terms of the Spending Plan. 4. The Board shall conduct a public hearing prior to providing financial assistance to a developer or redeveloper under the Spending Plan if in the opinion of counsel to the Authority such assistance constitutes a business subsidy under the Business Subsidy Act. Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this 21st day of November, 2022. Mary B. Supple, Chair ATTEST: Maria Regan Gonzalez, Secretary