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<br />District 1-3, which districts were certified by the Anoka County Auditor on October 7, 1987, <br /> <br />October 7, 1988 and August 9, 1989, respectively. <br /> <br />WHEREAS, pursuant to Minnesota Statutes, Section 469.1771, subdivision 1(b), the Tax. <br /> <br />Increment Financing Division of the Office of the State Auditor (OSA) conducted an examination <br /> <br />and audit ofTIF District 1-1, TIP District 1-2 and TIF District 1-3; and <br /> <br />WHEREAS, by letter dated October 18, 2001, the OSA sent a notice of noncompliance to <br /> <br />the City; and <br /> <br />WHEREAS, the City responded to the OSA's notice of noncompliance by letter dated <br /> <br />December 21, 2001, which resulted in certain modifications to the OSA' s original Findings; and <br /> <br />WHEREAS, the OSA issued its final notice of noncompliance to the City in a letter dated <br /> <br />March 7, 2002. <br /> <br />III. The Lawsuit <br /> <br />WHEREAS, the OSA forwarded its final notice to Robert M.A. Johnson for action pursuant <br /> <br />to Minn. Stat. 9469.1771; and <br /> <br />WHEREAS, a Summons and Complaint (the "Lawsuit") was served on the City on March <br /> <br />10,2003; and <br /> <br />WHEREAS, the City served its Answer to the Complaint on March 31, 2003 wherein it <br /> <br />disputes the Findings of the OSA; and <br /> <br />WHEREAS, based on the facts determined by the OSA, it could be concluded that: <br /> <br />a) The City spent tax increment in excess of the tax expenditures estimated in the <br /> <br />TIP Plan for TIP District 1-1, TIF District 1-2 and TIP District 1-3, where the <br /> <br />actual estimated amounts are not clearly presented. (Counts 1, 3 and 5 of the <br /> <br />Complaint) <br /> <br />PAC-229845v2 <br />CE155-18 <br /> <br />2 <br /> <br />/~ <br />