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11-99-8
Section 11-99-8 Financing of project costs. (a) Payment of project costs may be made by any
of the following methods or any combination thereof: (1) Payment from the tax increment fund
of the tax increment district if the purpose of the payment is one provided for in Section
11-99-6 hereof; (2) Payment out of the general funds of the public entity, such payments being
used either directly by the public entity to pay such costs or used by a third party recipient
of such funds to pay such costs if within a Major 21st Century Manufacturing Zone; (3) Payment
out of the proceeds of the sale of warrants, bonds or notes (whether public improvement bonds
or notes, mortgage bonds, notes or certificates, revenue bonds or notes, or otherwise) issued
by the public entity, such payments being used either directly by the public entity to pay
such costs or used by a third party recipient of such funds to pay such costs if within a
Major 21st Century Manufacturing Zone; (4) Payment out of the proceeds...
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11-99-6
Section 11-99-6 Allocation of positive tax increments; payment to local finance officer; tax
increment fund. (a) Positive tax increments of a tax increment district shall be allocated
and paid over to the public entity which created the district for each year commencing on
the October 1 following the date when the district is created until the earlier of: (1) That
time, after the completion of all public improvements specified in the project plan or amendments
thereto, when the public entity has received aggregate tax increments from the district in
an amount equal to the aggregate of all expenditures previously made or monetary obligations
previously incurred for project costs for the district; or (2) Thirty-five years after the
last expenditure identified in the project plan is made. No expenditure may be provided for
in the project plan to be made more than five years after the district is created, except
in Class 3 municipalities where such expenditures may be made not more than 10...
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11-99-2
abandoned or vacant buildings or old buildings, or where excessive vacancies exist in existing
buildings, or which contains substandard structures, or with respect to which there exist
delinquencies in payment of real property taxes. (2) DEFERRED TAX RECIPIENT. Each taxing authority
which receives ad valorem taxes with respect to property located in a proposed tax increment
district. (3) ENHANCED USE LEASE AREA. Any area of a military installation which contains
underutilized real or personal property, or both, that is leased by a secretary of
a military department to a lessee pursuant to the authority provided in Title 10 U.S.C. §2667.
(4) LOCAL FINANCE OFFICER. The legally authorized officer or agent responsible for receipt
and disbursement of the revenues of a taxing authority. (5) LOCAL GOVERNING BODY. The governing
body of a county or municipality which proposes to create or has created a tax increment district.
(6) MAJOR 21ST CENTURY MANUFACTURING ZONE. Any area...
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41-10-44.9
Section 41-10-44.9 Establishment of tax increment funds. In order to provide a method of financing
project costs other than by the issuance of project obligations payable from the amounts required
to be paid by an approved company under a financing agreement, the authority may establish
one or more tax increment funds with respect to a project, into which the authority and an
approved company may agree that the approved company will deposit either or both of the following:
(i) an annual amount equal to the amount of corporate income tax levied by Section 40-18-31
that otherwise would be owed by the approved company on its income generated by or arising
from such project, and (ii) the aggregate job development fees withheld by the approved company
as provided in Section 41-10-44.7. The authority may also arrange for any gifts, grants, loans,
appropriations or other forms of aid from the federal or state governments or from any other
public or private entity to be paid into a tax...
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40-9E-1
YEAR VALUE. The value of the property used to determine the assessment on which the property
tax on property is imposed for the base year. Base year value does not include any new property
that is first assessed in the base year. (3) ELIGIBLE ASSESSMENT. The difference between the
base year value and the actual value as determined by the county tax assessor for the applicable
taxable year. (4) ENHANCED USE LEASE AREA. Any area of a military installation which contains
underutilized real or personal property, or both, that is leased by a secretary of
a military department to a lessee pursuant to the authority provided in 10 U.S.C. §2667.
(5) LOCAL GOVERNING BODY. The governing body of a county or municipality which proposes to
create or has created a tax increment district. (6) PROJECT COSTS. Any expenditures made or
estimated to be made or monetary obligations incurred or estimated to be incurred by a public
entity which are listed in a project plan as costs of public works or...
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40-9E-2
Section 40-9E-2 Abatement of state property taxes. (a) Notwithstanding any other law of this
state, qualified property shall be entitled to an abatement of state property taxes provided
the conditions of this section are satisfied. (b) In lieu of paying the state property tax
increment on qualified property, any owner of qualified property not exempt from ad valorem
taxation must pay the state property tax increment on such qualified property to the public
entity that created the tax increment district in which the qualified property is located
for each year commencing on the October 1 following the date when property first becomes qualified
property under this chapter, and each October 1 thereafter, until the tax increment district
in which such qualified property is located is terminated in accordance with Section 11-99-7.
(c) State property tax increments received by the public entity which created the tax increment
district in which the qualified property is located shall be used...
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11-99-10
Section 11-99-10 Equalized valuation for apportionment of property taxes. (a) With respect
to any taxing authority other than the public entity which created the tax increment district,
the calculation of the equalized valuation of taxable property in a tax increment district
may not exceed the tax increment base of the district until the district is terminated, unless
agreement has been made for other arrangements under subsection (b) of this section. (b) In
such cases where it can be shown that losing tax increments would be harmful to any given
taxing authority or cause such taxing authority not to honor a prior binding commitment, by
contract executed with the public entity prior to the designation of the tax increment district,
and if an agreement has been made for such allowances through a process of negotiation at
the time of the creation of the tax increment district, a taxing authority may make payments
into the tax increment fund, less the sum of: (1) Any property taxes...
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41-10-44.6
Section 41-10-44.6 Project obligations generally. (a) Issuance of project obligations. The
authority is authorized and empowered to issue its project obligations from time to time for
the purpose of financing one or more projects in such aggregate principal amount as the board
of directors shall determine to be necessary to provide for all or a portion of the project
costs of the project or projects being financed and to pay the expenses of issuing the project
obligations. (b) Source of payment. All project obligations issued by the authority shall
be limited obligations of the authority payable solely from any combination of the following:
(1) The revenues and receipts of the authority derived from the financing agreement or agreements
entered into by the authority with respect to the project or projects financed by such project
obligations; (2) the income or proceeds realized by the authority under any mortgage or other
security granted to the authority; (3) amounts derived from any...
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41-10-541
such obligations, and which meet the greater of 100% collateralization or the "AA"
collateral levels established by Standard & Poor's Rating Group for structured financings;
and h. Uncollateralized investment agreements with, or certificates of deposit issued by banks
or bank holding companies, the senior long-term securities of which are rated at least "AA"
by Standard & Poor's Rating Group and at least "Aa" by Moody's Investors Service.
(11) FINANCED PROPERTY. All property whether real, personal, or mixed, the costs of
which were or are to be paid or reimbursed in whole or in part with the proceeds of bonds
of the authority or the proceeds of authority-guaranteed obligations. (12) FINANCING AGREEMENT.
Any loan, lease, agreement, grant agreement, financing agreement, credit agreement, security
agreement, mortgage, indenture, guaranty agreement, or other type of agreement entered into
by the authority in connection with the incurring of authority obligations. (13) FUNDING AGREEMENT....
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41-10-44.2
trades and businesses as the same may be hereafter reclassified in any subsequent publication
of the Standard Industrial Classification Manual. (4) JOB DEVELOPMENT FEE. The amount permitted
to be withheld by an approved company from the gross wages of the employees at a project pursuant
to the provisions of this article. (5) MAJOR PROJECT. Any project the capital cost of which
is expected to equal or exceed $100,000,000. (6) PROJECT. Any land, building or other improvement,
and all real and personal properties deemed necessary or useful in connection therewith,
whether or not now in existence, which shall be located in the state and shall be acquired,
constructed, expanded or installed for use by an approved company as an industrial or research
enterprise. (7) PROJECT COSTS. All costs and expenses incurred by the authority or an approved
company in connection with the acquisition, construction, installation and equipping of a
project, including, without limitation, each of the...
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