Laserfiche WebLink
M M M <br />As a result of the traffic impact fee district system, TIF revenue is divided into smaller pots, <br />making cash flow a problem. Since many road projects are $1 million plus jobs, it takes time <br />to accumulate that much money in a district. Financing impact fees would reduce the growth of <br />the districts' fund balances, and could delay necessary roadway projects. With total annual TIF <br />revenue of about $2.0 million divided among the nine benefit districts, bonding is not a viable <br />option because of the low dollar amounts. <br />• Cash Flow <br />A major issue associated with TIF financing is whether spreading TIF payments over time while <br />charging interest on the unpaid balance will significantly reduce revenue in the various TIF <br />benefit districts, resulting in road construction project delays. In cases where large development <br />projects finance impact fees, that could occur. <br />TIF financing amounts would be insufficient to justify the cost of issuing bonds to raise the <br />revenues deferred by financing TIF's. There is, however, the opportunity to use interfund <br />borrowing to address the cash flow issue. Through this process, money is borrowed from some <br />County fund and used for road construction projects in benefit districts where TIF's have been <br />financed. The borrowed money is then repaid .with interest from TIF financing payments. <br />Interfund borrowing may not be possible, however, if other county funds do not have sufficient <br />balances, or if the money available from those funds is not available for a sufficient length of <br />time. <br />One other option for interfund borrowing would exist if the Board of County Commissioners <br />agreed to impose the 9th cent gas tax. With an estimated $558,839 in revenue generated each <br />year, the 9th cent gas tax could serve as a source for interfimd borrowing. This would involve <br />the traffic impact fee fund borrowing 9th cent gas tax revenue to make up the shortfall caused <br />by TIF financing. The 9th cent gas tax fund would then be repaid with interest from TIF <br />financing payments. Although this option would resolve traffic impact fee fund cash flow <br />problems, it could result in delays for 9th cent gas tax funded projects. <br />• Default <br />Another TIF financing concern relates to the implications of default of a TIF financing borrower. <br />Considering the number of development projects in the County which have gone into foreclosure <br />in the past decade, default is a definite possibility. <br />According to the county attorney's office, default of a standard TIF financing agreement could <br />result in loss of the financed traffic impact fees. Because TIF financing liens would not have <br />priority over any previous recorded liens, standard TIF financing liens usually will not be <br />sufficient to secure the County, based on the property value of the development project having <br />TIF's financed. <br />There are, however, ways to address the default issue to some extent. By requiring that a TIF <br />financing lien be a first lien and by not allowing the lien to be subordinated to other liens, the <br />County could enhance its prospects for repayment in case of default. With a default, the county <br />would incur foreclosure costs in protecting its interests, and these costs would have to be covered. <br />Another safeguard would be to prohibit transfer or assignment of the TIF financing repayment <br />obligation. Even with these options, however, there is still risk of loss from federal tax liens or <br />bankruptcy. If a loss does occur, the revenue lost must be made up by the general fund, since <br />the traffic impact fee trust fund cannot lose money. <br />41 <br />April 23, 1996 booK 97 PAGE, 895 <br />