2022-691
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
DATE: September 26, 2022 RESOLUTION NO: 2022-69
MOTION BY: McDonald SECONDED BY: Campion
RESOLUTION AUTHORIZING AN INTERFUND LOAN FOR ADVANCE OF CERTAIN
COSTS IN CONNECTION WITH TAX INCREMENT FINANCING DISTRICT NO. 12
BE IT RESOLVED by the City Council (the "Council") of the City of Chanhassen, Minnesota
(the "City"), as follows:
Section 1. Background.
1.01. The City has heretofore approved the establishment of TIF District No. 12 (the "TIF
District") within Downtown Chanhassen Redevelopment Project Area (the "Project") and has adopted a
Tax Increment Financing Plan (the "TIF Plan") for the purpose of financing certain improvements
within the Project.
1.02. The City has determined to pay for certain costs identified in the TIF Plan consisting of
site improvements/preparation, public utilities, other qualifying improvements, interest and
administrative costs (collectively, the "Qualified Costs"), which costs may be financed on a temporary
basis from City funds available for such purposes.
1.03. Under Minnesota Statutes, Section 469.178, Subd. 7, the City is authorized to advance or
loan money from the City's General Fund or any other fund from which such advances may be legally
authorized, in order to finance the Qualified Costs.
1.04. The City intends to reimburse itself for the Qualified Costs from tax increments derived
from the TIF District in accordance with the terms of this resolution (which terms are referred to
collectively as the "Interfund Loan").
Section 2. Terms of Interfund Loan.
2.01. The City hereby authorizes the advance of up to $50,000 from the General Fund or so
much thereof as may be paid as Qualified Costs. The City shall reimburse itself for such advances
together with interest at the rate stated below. Interest accrues on the principal amount from the date of
each advance. The maximum rate of interest permitted to be charged is limited to the greater of the rates
specified under Minnesota Statutes, Section 270C.40 or Section 549.09 as of the date the loan or
advance is authorized, unless the written agreement states that the maximum interest rate will fluctuate
as the interest rates specified under Minnesota Statutes, Section 270C.40 or Section 549.09 are from
time to time adjusted. The interest rate shall be 4% and will not fluctuate.
2.02. Principal and interest ("Payments") on the Interfund Loan shall be paid semi-annually on
each August 1 and February 1 (each a "Payment Date"), commencing on the first Payment Date on
which the Authority has Available Tax Increment (defined below), or on any other dates determined by
the City Administrator, through the date of last receipt of tax increment from the TIF District.
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2.03. Payments on this Interfund Loan are payable solely from "Available Tax Increment,"
which shall mean, on each Payment Date, tax increment available after other obligations have been paid,
or as determined by the City Manager, generated in the preceding six (6) months with respect to the
property within the TIF District and remitted to the City by Carver County, all in accordance with
Minnesota Statutes, Sections 469.174 to 469.1794, all inclusive, as amended. Payments on this
Interfund Loan may be subordinated to any outstanding or future bonds, notes or contracts secured in
whole or in part with Available Tax Increment and are on parity with any other outstanding or future
interfund loans secured in whole or in part with Available Tax Increment.
2.04. The principal sum and all accrued interest payable under this Interfund Loan are pre-
payable in whole or in part at any time by the City without premium or penalty. No partial prepayment
shall affect the amount or timing of any other regular payment otherwise required to be made under this
Interfund Loan.
2.05. This Interfund Loan is evidence of an internal borrowing by the City in accordance with
Minnesota Statutes, Section 469.178, Subd. 7, and is a limited obligation payable solely from Available
Tax Increment pledged to the payment hereof under this resolution. This Interfund Loan and the interest
hereon shall not be deemed to constitute a general obligation of the State of Minnesota or any political
subdivision thereof, including, without limitation, the City. Neither the State of Minnesota, nor any
political subdivision thereof shall be obligated to pay the principal of or interest on this Interfund Loan
or other costs incident hereto except out of Available Tax Increment, and neither the full faith and credit
nor the taxing power of the State of Minnesota or any political subdivision thereof is pledged to the
payment of the principal of or interest on this Interfund Loan or other costs incident hereto. The City
shall have no obligation to pay any principal amount of the Interfund Loan or accrued interest thereon,
which may remain unpaid after the final Payment Date.
2.06. The City may amend the terms of this Interfund Loan at any time by resolution of the City
Council, including a determination to forgive the outstanding principal amount and accrued interest to
the extent permissible under law.
Section 3. Effective Date. This resolution is effective upon the date of its approval.
PASSED AND ADOPTED by the Chanhassen City Council this 26th day of September 2022.
ATTEST:
Kim Meuwissen, City Clerk Elise Ryan, Mayor
YES NO ABSENT
Ryan
McDonald
Campion
Rehm
Schubert
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