04-0450R

RESOLUTION APPROVING A TAX INCREMENT FINANCING PLAN FOR THE HAWK RIDGE ESTATES TAX INCREMENT FINANCING DISTRICT IN PROJECT AREA NO. 1 AS PROPOSED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF DULUTH, MINNESOTA.

BY COUNCILOR GILBERT:

BE IT RESOLVED, by the city council (the council) of the city of Duluth, Minnesota (the "city") as follows:

Section 1. Recitals; findings.
1.01 The council has been informed that the housing and redevelopment authority of Duluth (the authority) desires to promote development and redevelopment of property located in the city.
1.02 In order to promote such development, the authority has established Project Area No. 1 (the project) in the city and adopted a redevelopment plan/housing development plan (the plan) therefor pursuant to Minnesota Statutes, Sections 469.001 through 469.047 (the act).
1.03 The authority is additionally considering establishment of the Hawk Ridge Estates Tax Increment Financing District (the district) within the project and adoption of a tax increment financing plan (the TIF plan) therefor pursuant to Minnesota Statutes, Sections 469.174 through 469.179 (the TIF act), for the purpose of financing public improvements and encouraging investment in the project. The authority has prepared the TIF plan in accordance with the TIF act.
1.04 Pursuant to Section 469.175, Subdivision 3, of the TIF act, the authority has requested that the city hold a public hearing on the TIF plan and approve the TIF plan, which hearing was held this day, at which the views of all interested parties were heard.
1.05 The authority has transmitted a copy of the TIF plan to the council in a document entitled "the tax increment financing plan for the establishment of the hawk ridge estates tax increment financing district," which is now on file in the office of the city clerk.
1.06 The council has been provided with a copy of the TIF plan.

Section 2. Statutory findings.
2.01 The land in the project would not be made available for redevelopment without the financial aid to be sought by establishing the district.
2.02 It is the opinion of the council, based on discussions with representatives of the authority regarding projects proposed to be constructed in the district and information contained in the plan and the TIF plan, that development and redevelopment within the district would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future; that the increased market value of the site to be included in the district that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from development in the district after subtracting the present value of the projected tax increments for the maximum duration of the district permitted by the TIF plan; and that the use of tax increment financing is necessary. Appendix F to the TIF plan sets out the following:
(a) An estimate of the amount by which the market value of the district will increase without the use of tax increment financing;
(b) An estimate of the increase in the market value that will result from the development or redevelopment to be assisted with the tax increment financing described herein; and
(c) The present value of the projected tax increments for the maximum duration of the district permitted by the TIF plan.
2.03 Based on information contained in the plan and the TIF plan, the TIF plan conforms to the general plan for the development and redevelopment of the city as a whole.
2.04 Based on information contained in the plan and the TIF plan, the TIF plan will afford maximum opportunity, consistent with the sound needs of the city as a whole, for the development and redevelopment of the project by private enterprise.

Section 3. Approval.
3.01 The TIF plan is approved.
3.02 The geographic boundaries of the project and district are described in the plan and the TIF plan, which documents are incorporated herein by reference and which, together with this resolution, contain the requirements set forth in Section 469.028, Subdivision 2, of the act and Section 469.175, Subdivision 3, of the TIF act.

Section 4. Designation of district.
4.01 The proposed district is a "housing district" as defined in Section 469.174, Subdivision 11, of the TIF act because of the following: it consists of a portion of the project intended for occupancy, in part, by persons or families of low and moderate income, as defined in Minnesota Statutes, 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 1949, as amended, any other similar present or future federal, state or municipal legislation or the regulations promulgated under any of those acts; not more than 20 percent of the total fair market value of the planned improvements in the plan and TIF plan will be constructed for commercial uses or uses other than low and moderate income housing; tax increment generated from the district will be used solely in accordance with Section 469.176, Subdivision 4d, of the TIF act; and the income limitations set forth in Section 469.1761 of the TIF act will be satisfied.


STATEMENT OF PURPOSE: This resolution approves the Duluth HRA's Hawk Ridge Estates Tax Increment Financing District, as required by the TIF cct. The TIF district is a housing district and will provide financing of public infrastructure improvements for housing for low and moderate income persons.