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PRECA 05-04-1983
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PRECA 05-04-1983
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Different States, Different Strokes <br />Like nearh• all redevelopment or planning programs. <br />tax increment financing is a creature of state enabling <br />legislation. At lastcount, 28 states permitted T1F in their <br />local communities. Some laws, such as California's, re- <br />quired a state constitutional amendment. Other states <br />either amended their urban renewal laK•s or enacted <br />original TIF statutes. <br />There are several key differences among states in <br />regard to TIF procedures, financing, and planning <br />limitations. Following are a few of those approaches.. <br />California. Blightalone is an insufficient reason to <br />justify TIF designation in California. According to state <br />legislation, the 'blight" in a proposed district must <br />create a burden on the community that could not and <br />K•ould not be remedied by the private sector. <br />Illinois. Unlike many state TIF laws, the Illinois <br />statutes require a city to prepare a plan for the area that <br />is being redeveloped. Also, the TiF designation is not. <br />limited to blighted areas.. "Conservation areas"-those <br />which may become blighted in the future-also qualify. <br />Kansas. TIF designation in Kansas only can be used <br />for commercial redevelopment projects, and not for in- <br />dustrial renewal. <br />Maine. The state's TIF law requires an advisory <br />board for each separate development district, and re- <br />gcires that at least half of the board members be <br />residents or property owners from either the district or <br />an adjacent neighborhood. <br />~'~1inresota. Extensive guidelines are required for a <br />TIF plan, .including: a needs statement; relevant real <br />estate data; procedures for clearing, improving, and <br />marketing a site; and a disclosure of-the project costs. <br />Planning commission review is also mandated, prior to <br />the plan's submission to the city council. <br />South Dakota. The state's enabling legislation ex- <br />empts school districts from the tax increment process <br />by requiring that all calculated tax increments be <br />returned to the school districts. <br />Texas. One-quarter of each T1F district in Texas must <br />meet a special definition for blight, and the TIF fund must <br />expire no later than 15 years after its inception.. ' <br />1't'isconsin. Because the state of V~~isconsin compen- <br />sates the school districts affected by TIF designation, it <br />is heavily im•olved in the TIF process. The state's <br />department. of revenue, rather than local government, <br />calculates the tax. incremental base. The purpose of the <br />state's calculation is to remove any temptation from the <br />local authorities to adjust TIF districts and properties <br />in order to increase project re~•enues. <br />Greg Longhini <br />plan will probably be the most. detailed, site- <br />specific plan ever made for your district. It should <br />be prepared by competent professionals and be <br />laced with. a heavy dose of .realistic project <br />proposals. <br />6. Establishment of a "tax-base year." Revenues <br />resulting from any future increases above this base <br />will flow into .the redevelopment trust fund. <br />Careful attention to statutory deadlines can <br />sometimes advance your base year by one year, <br />which can be an important running start. <br />~. Solicitation of developers, and a conclusion to all. <br />disposition and development agreements. A <br />disposition and development agreement obligates <br />the developer to construct specified improvements <br />in a given time period. In return, the agency <br />assemblesand prepares the site, conveying it to the _ <br />developer for a set price. The agency also may <br />agree to other improvements, such as nearby park- <br />ingfacilities. If the owner of the property is to make <br />the improvements in return for agency-sponsored <br />improvements in the area. then it ~,•ould be knot+>n <br />as an owner-participation agreement. <br />8. Issuance of bonds by the redevelopment agency, in <br />order to fund assembly of the site or specified <br />public improvements. TIF bonds, ~~•hich are tax ex- <br />empt, are secured by the future proceeds of the <br />trust fund. However, they generally do not involve <br />a full faith and credit obligation by the cit}•, nor do <br />they constitute an indertedress ~~•ithin the mean- <br />ing of statutory debt limitations. There is some <br />variation among states; for instance, in Florida, TIF <br />bonds do not require a referendum. ' <br />9. Implementation of all improvements agreed to in <br />the disposition and development agreement. By <br />carefully selecting both the developers and the <br />leadership of the agency in the first place, this step,.. <br />can be carried out in a timely fashion. <br />10. An increase in the assessed value of property will <br />result from the various site improvements which - <br />aremade, thus producing tax revenue for the trust'- <br />fund. Because all the increases after the base year <br />are allocated to the trust fund, the fund will also <br />capture the increased revenues which are at- <br />tributable to any general improvements or infla- <br />tion. This windfall may permit an accelerated <br />retirement of the debt or, in some cases, may be <br />returned to .the local government's general <br />treasury. <br />11. Trust fund revenues are used to retire bonds. Once <br />all the outstanding debt is eliminated, the trust fund <br />also may be retired-usually about 20 years after <br />the program begins. Local government then <br />becomes the sole beneficiary of the annual tax <br />increment. <br />tti'hat Are the Consequences If I Do It? <br />One of the biggest misconceptions about tax increment <br />financing is that it really means tax abatement, .and that <br />certain businesses and individuals will have their taxes <br />reduced. It's too bad we can't just turn back. the clock and <br />call tax increment financing something else-perhaps <br />3 <br />
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