Laserfiche WebLink
ix. pay all or a portion of a property tax replacement <br />credit to taxpayers in the Area as determined by the Commission pursuant <br />to Section 39 of the Act; <br />X. pay expenses incurred by the Commission for local <br />public improvements that are in the Area or serving the Area. Public <br />improvements include buildings, parking facilities, and other items <br />described in Section 25.1(a) of the Act; or <br />xi. reimburse public and private entities for expenses <br />incurred in training employees of industrial facilities that qualify under the <br />Act; <br />provided however, that if further uses of property tax proceeds allocated to <br />the Allocation Fund are authorized or permitted by amendment to the Act, <br />including Section 39 of the Act, those uses shall also be authorized or <br />permitted for property tax proceeds allocated to the Allocation Fund. <br />d. When the money in the Allocation Fund is sufficient to pay <br />when due all principal and interest payments for that year on bonds (including the <br />Bonds) described in subsection(b), and is not needed for that year for the other <br />purposes described in subsection (b) (including without limitation the maintaining <br />of property taxes collected in a given year in the Allocation Fund as a reserve to <br />pay principal and interest on the Bonds payable in the year following such year of <br />collection in the manner and at the times specified herein), money in the <br />Allocation Fund in excess of that amount (the "Excess Funds ") shall be paid to the <br />Controller who shall, during the time a part of the Area is located in an enterprise <br />zone created under Indiana Code 4- 4 -6.1, deposit such Excess Funds in a special <br />fund created for the enterprise zone and used as required by law; provided, <br />however, to the extent portions of the Area are not within the enterprise zone, the <br />Excess Funds deposited into the special fund shall be reduced on a pro rata basis <br />based on the percentage of the enterprise zone contained in the Area as provided <br />in Section 39(g) of the Act. When no part of the Area is located in an enterprise <br />zone then the Excess Funds shall be deposited as provided in subsection (d). <br />e. Except as provided in subsection (c), before July 1 of each <br />year, the Commission shall (1) determine the amount, if any, of Excess Funds in <br />the following year; and (2) notify the Auditor of St. Joseph County of the amount, <br />if any, of the Excess Funds that the Commission has determined may be paid to <br />the respective taxing units entitled thereto, provided that the Commission may not <br />authorize a payment to the respective taxing units under this subsection if to do so <br />would endanger the interests of the holders of the bonds (including the Bonds) <br />described in subsection (b) of this Section 4. <br />f. The Tax Increment and the Special Tax, other than the <br />Excess Funds shall be irrevocably pledged for the purpose set forth in this Section <br />4. <br />SBIMANI 137132v1 - 5 - <br />