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<br /> 100 <br />City of Elk River <br />Notes to Basic Financial Statements <br /> <br /> <br />NOTE 14 – COMMITMENTS AND CONTINGENCIES <br /> <br />A. Commitments <br />The Utilities entered into an agreement in 2007 with Central Minnesota Municipal Power Agency <br />(CMMPA) to acquire an interest in the CAPX Initiative Brookings Project , a power transmission line in <br />Minnesota. The project is a 250-mile, 345 kV AC transmission line with a rating of 2 ,300 MW, <br />between Brookings, South Dakota, and the Southeast Twin Cities. In 2011 , there was increased <br />opportunity for investment, and subsequent agreements provide the Utilities with an ownership share <br />of $5.6 million or 18.89%. Revenues have been less than originally projected due to the decrease in <br />Rate of Return (ROE) issued by FERC. The original ROE 12.38% has been reduced to 10.48% on this <br />investment through CMMPA is designed to provide approximately $80K annually over the 40 -year <br />project life. With majority of the distribution once the bonds are paid off , the projected over <br />recovery in 2024 is estimated to be $146K. The bond obligations are satisfied first, distribution to <br />participants is directly affected by under recovery. The under recovery is rolled forward under the <br />true up. However, the under recovery in 2024 (approximately $146K) would be included in the <br />revenue requirements in 2026. The transmission payments for 2024 were $0. <br /> <br />B. Contingent Liabilities <br />Amounts received or receivable from grant agencies are subject to audit and adjustment by grantor <br />agencies, principally the federal government. Any disallowed claims , including amounts already <br />collected, may constitute a liability of the applicable funds. The amount , if any, of expenditures that <br />may be disallowed by the grantor cannot be determined at this time , although the government <br />expects such amounts, if any, to be immaterial. <br /> <br />The City's tax increment districts are subject to review by the state of Minnesota Office of the State <br />Auditor (OSA). Any disallowed claims or misuse of tax increments could become a liability of the <br />applicable fund. The City's management is not aware of any instances of noncompliance which would <br />have a material effect on the financial statements. <br /> <br />NOTE 15 – TAX ABATEMENTS <br /> <br />The City of Elk River has established a tax abatement program pursuant to Minnesota Statutes <br />Sections 469.1812 through 469.1815. As part of the City's program the City enters into agreements <br />through the use of tax increment financing districts under Minnesota Statutes Section 469.174 to <br />469.179 (the Tax Increment Act). Under these statutes, the City annually abates taxes collected <br />above the district's base tax capacity which is established during adoption of the tax increment <br />district. These agreements are established to foster economic development and redevelopment <br />through creating jobs, removing blight, and providing affordable housing. <br /> <br />For fiscal year ending December 31, 202 4, the City has six agreements established under Minnesota <br />Statutes Section 469.174 to 469.179 which resulted in property taxes totaling $276,800 being abated. <br />Individual abatement payments which constituted more than 1% of the City's 2023 tax levy include: <br /> <br />• A pay-as-you-go note resulting in an abatement amount of $1 72,027, for a financial <br />institution. <br />Page 290 of 637