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HomeMy WebLinkAboutResolution - HRA 2002-02 - Establishing TIF Plan for TIF District 18 - 04/16/2002 HOUSING AND REDEVELOPMENT AUTHORITY • IN AND FOR THE CITY OF EDEN PRAIRIE HENNEPIN COUNTY,NIINNESOTA H.R.A.RESOLUTION NO. 2002-02 A RESOLUTION ESTABLISHING TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING (QUALIFIED HOUSING)DISTRICT NO. 18 BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota, as follows: 1. The Housing and Redevelopment Authority in and for the City of Eden Prairie, Minnesota (the "Authority") pursuant to Minnesota Statutes Section 469.001 to 469.047, as amended, approved the following Tax Increment Financing Districts: Tax Increment Finance District No. 13 on December 17, 1996; Tax Increment Financing District No. 14 on August 5, 1997; Tax Increment Financing District No. 15 and 16 on July 20, 1999; and Tax Increment Financing District No. 17 March 20, 2001. 2. It has been further proposed that the Authority approve the creation of • proposed Tax Increment Financing District No. 18 and approve and adopt the proposed Tax Increment Financing Plan (the "Tax Increment Plan") relating thereto, pursuant to and in accordance with Minnesota Statutes Section 469.174 to 469.179, inclusive, as amended and supplemented from time to time. 3. The Authority has investigated the facts and has caused to be prepared with respect thereto the proposed Tax Increment Financing Plan for Tax Increment Financing District No. 18, defining more precisely the property to be included, the public cost to be incurred and other matters relating thereto. 4. The Authority has performed all actions required by law to be performed prior to the approval and adoption of the proposed Tax Increment Financing Plan. 5. The Authority hereby determines that it is necessary and in the best interest of the City and the Authority at this time to create proposed Tax Increment Financing District No. 18 and to approve and adopt the proposed Tax Increment Financing Plan relating thereto. • 6. Adoption. The Tax Increment Financing Plan is hereby adopted subject to • approval by the City Council as provided in Section 8 based on the findings in Section 7. 7. Findings. The Authority hereby makes the following findings: a. The tax increment financing district to be established pursuant to the Tax Increment Plan (the "District"), based on the information in the Tax Increment Plan and representations of the developer, consists of a project intended for occupancy, in part, by persons of families of low and moderate income, as defined in Chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959, the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1937, as amended, or similar federal legislation and the regulations promulgated thereunder. As evidence thereof, the developer represents that the project qualifies for the low-income housing tax credit under Section 42 of the Internal Revenue Code of 1986, as amended. The project to be constructed in the District consists only of housing for individuals or families of low or moderate income, and no commercial or other uses are contemplated therein. Therefore, the District qualifies as a "housing district" within the meaning of Minnesota Statutes Section 469.174, Subdivision 11. The income limitations of • Section 469.1761 of the Act are applicable to tenants in the project, because the District is not located in a targeted area as defined in Minnesota Statutes Section 462C.02, Subdivision 9, Clause (e). b. The proposed development, in the opinion of the Authority, would not reasonably be expected to occur solely through private investment within the reasonable foreseeable future and, therefore, the use of tax increment financing is deemed necessary since private developers could not economically develop the project without the proposed subsidy. 8. Transmittal. The Authority does hereby transmit the Tax Increment Plan to the Eden Prairie City Council for approval after the same has been considered by the Council subsequent to a public hearing to the held in accordance with Minnesota Statutes Chapter 469. 9. Additional Approvals. It is contemplated the public financial contribution contemplated in the Tax Increment Financing Plan, including but not limited to, tax increment financing, may be secured by way of a mortgage on the property in the District. It is further contemplated that the developer will obtain construction and/or permanent financing and that it will be necessary for any security granted to the City and/or Authority to be • subordinated to that of the developer's lender. The approval hereby given to the Tax Increment Financing Plan includes approval for the execution • by the appropriate officers of the Authority of such additional documents necessary to acquire a secured interest in the property and to subordinate such interest, to the lien of the developer's construction and/or permanent financing. The Chair and Executive Director are authorized and directed to prepare and fiunish certified copies of all proceedings and records of the Authority relating to this transaction and such other affidavits and certificates as may be required to show the facts relating thereto as such facts appear on the books and records in the officers' custody and control or as otherwise known to them; all such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute representations of the Authority as to the truth of all statements contained therein. The approval hereby given to the various documents referred to above includes the approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the Authority's counsel and the officials authorized herein to execute said documents prior to their execution; and said officials are hereby authorized to approve said changes on behalf of the Authority. The execution of any instrument by the appropriate officer or officers of the Authority herein authorized shall be conclusive evidence of the approval of such documents in accordance with the terms hereof. • 10. Filing. Following approval by the City Council, the Executive Director is hereby authorized and directed to file the Tax Increment Plan with the Commissioner of Revenue as required by Minnesota Statutes Section 469.175, Subdivision 2. Passed by the Housing and Redevelopment Authority in and for the City of Eden Prairie,Minnesota, this 16th day of April 2002. Ch Attest: 6Njj& I Executive D c r