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shall be required to provide the City with information necessary to complete the <br /> reports required by Section 116J.994, Subdivision 8(b) of the Act. <br /> 3. Job and Wage Requirements. <br /> A. Except where the purpose of the Subsidy is employment retention, or where the <br /> City Council has determined that the Job and Wage Requirements do not apply <br /> and are, therefore, zero, each Development Agreement and /or Subsidy Agreement <br /> shall require the Recipient to create a specified number of Qualified Jobs on or <br /> before the Achievement Date. <br /> B. In the case of a Subsidy granted by the City (i) within an Economic Development <br /> District established before or after the applicable Effective Date or (ii) not within <br /> a Tax Increment District, but granted in connection with other than a <br /> Redevelopment Activity, the Recipient shall be required to create one Qualified <br /> Job for each $50,000.00 of present value Subsidy. <br /> C. If the City Council chooses to deviate from the Job and Wage Requirements <br /> established herein, the resolution approving the Subsidy shall state the reasons for <br /> such deviation and the City shall provide a copy of such resolution to the <br /> Minnesota Department of Employment and Economic Development when filing <br /> its next annual report. <br /> 4. Enforcement of Policy Requirements <br /> A. A person with residence in or an owner of taxable property located in the City <br /> may bring an action for equitable relief arising out of the failure of the City to <br /> comply with the Act. <br /> B. Prior to bringing an action, the party must file a written complaint with the City <br /> stating the alleged violation and proposing a remedy. The City has up to 30 days <br /> to reply to the complaint in writing and may take action to comply with the Act. <br /> C. The written complaint under this Section 4 for failure to comply with Section <br /> 116J.994, subdivisions 1 to 5 of the Act must be filed with the City within 180 <br /> days after approval of the Development Agreement or Subsidy Agreement. An <br /> action under this Section 4 must be commenced within 30 days following receipt <br /> of the City's reply pursuant to Section 413 hereof or within 180 days after <br /> approval of the Development Agreement or Subsidy Agreement, whichever is <br /> later. <br /> 5. Reporting. Within 1 year of the granting of a Subsidy, including a Special Category <br /> Subsidy, City Staff shall file the report required by Section 116J.994, subdivision 8. <br /> 5 - Business Subsidy Policy ver 2013- 01- 04.docx <br /> 19 <br />