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EDSR INFORMATION #1 01-9-2012
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EDSR INFORMATION #1 01-9-2012
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CHAPTER 15 <br />1. EDA levies <br />Minn. Star. § 275.70; The typical EDA levy is different than the HRA levy discussed above. It is <br />not a levy raised by the EDA-it is a levy set by a city at the request of the <br />EDA. Basically, the city simply appropriates part of the money the city <br />collects in the general city levy to the EDA. Because the EDA levy is part of <br />Minn. star. § 27s.o66. the city levy, it is not a "special levy" under state law and thus the EDA levy <br />is subject to the city's overall levy limit. However, as noted above, many <br />EDA-enabling resolutions adopt all the powers of an HRA. If so, the EDA <br />may levy a separate tax or "HRA levy," and then the EDA functions as a <br />special taxing district as if it were an HRA and that levy is not subject to <br />levy limits or to city debt limits. An EDA using the levy powers of an HRA <br />is still limited to a levy no more than 0.0185 percent of the total taxable <br />market value in the city. <br />2. EDA loans <br />Minn. Star. § 469.192; An EDA is authorized to make a loan to abusiness, afor-profit or nonprofit <br />Minn. Star. §§ 469.090 to organization, or an individual. Before taking an action or making a decision <br />469.1082; which could substantially affect an EDA commissioner's or an employee's <br />Minn. star. § a69.o9s. financial interests or those of an organization with which the commissioner <br />or an employee is associated, a commissioner or employee of an authority <br />must comply with specific requirements to disclose the conflict and obtain <br />prior approval. Failure to do so may result in criminal charges. <br />Loans must be for a purpose the EDA is authorized to carry out under the <br />law. An authorized purpose must deal with or contribute to economic or <br />industrial development. EDAs have the ability to use pooled bond reserving. <br />In most development programs, each bond issue is independent of any other <br />bond issue with a separate service or sinking fund account. EDAs, however, <br />may create a single common bond reserve fund. Under this arrangement, <br />each project's revenues go into a common fund, which in turn pays the <br />bondholders on all projects. <br />Through this pooling mechanism, the security of each project's bond <br />increases and borrowing costs decrease as long as the pool has the necessary <br />volume and diversity of cash flow. <br />HANDBOOK FOR MINNESOTA CTTIES <br />15:9 <br />This chapter last revised 12/1/2011 <br />
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