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<br />3. The sales tax, which is adopted by this Resolution and is imposed pursuant to the authority <br />granted by the Cass County Home Rule Charter shall extend for a period of 12 years from <br />and after October 1,2008, and end on September 30,2020. <br /> <br />4. The proceeds of the sales tax, which is imposed pursuant to the Cass County Home Rule <br />Charter, shall be solely utilized for the purposes outlined in the Growth Plan. Subject to <br />the rules of governance and approvals of paragraph 6, the proceeds from such tax may be <br />used to make direct payment of expenditures of the type and nature outlined in the <br />Growth Plan and may be pledged by the Cass County Board of Commissioners to <br />amortize bonds or other debt instruments, which may be sold to finance such <br />expenditures. <br /> <br />5. Until expenditures are made pursuant to the Growth Plan, the sales tax receipts shall be <br />placed and segregated in a separate account or accounts owned and maintained (the <br />"Growth Plan Accounts"). The interest earned off the Growth Plan Accounts shall be used <br />for the same purposes of the sales tax funds under the Growth Plan. In the event that <br />expenditures of the sales tax funds generate income or other gains, the cash proceeds of <br />such income or other gains shall be deposited in the Growth Plan Accounts and shall be <br />used for the purposes outlined in the Growth Plan. (The sales tax funds, any interest <br />earned on such funds, any proceeds from the sales or other debt instruments, and any <br />income or other gains are collectively referred to as the "Funds"). <br /> <br />6. No expenditures of the Funds shall be made until and unless each of the following <br />conditions and requirements are satisfied and completed (the "Sales Tax Revenue <br />Governance Rules"): <br /> <br />a. The EDC shall be solely responsible for investigating, designing, and <br />proposing all expenditures of the Funds under the Growth Plan. If the <br />EDC shall propose to make an expenditure of the Funds, such proposal <br />(the "Proposal") shall be in writing and shall contain a reasonably detailed <br />description of the proposed expenditure of the Funds, including the <br />following: (i) the amount of the Funds to be used; (ii) how the use of the <br />Funds will further the purpose and intent of the Growth Plan, and (iii) the <br />expected economic development outcomes from the use of the Funds. No <br />other entity, including the GIF (defined below) and the Cass County Board <br />of Commissioners, shall have the right or option to propose or direct <br />expenditures or other use of the Funds. The EDC may not assign or <br />transfer its obligations or rights under the Governance Rules without the <br />approval of the Cass County Board of Commissioners. In the event that <br />the EDC shall cease its existence, the Cass County Board of <br />Commissioners shall appoint a replacement entity or organization. <br /> <br />b. The EDC, acting through its Executive Committee, shall first present the <br />Proposal to the Growth Initiative Fund, a non-profit corporation organized <br />and existing under North Dakota law and located in Fargo, North Dakota <br />(the "GIF"). <br /> <br />2 <br />