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The Vermont Statutes Online
Title
10
:
Conservation and Development
Chapter
012
:
VERMONT ECONOMIC DEVELOPMENT AUTHORITY
Subchapter
004
:
ECONOMIC DEVELOPMENT REVENUE BONDS
§
246. Approval of authority
No municipality
may acquire any interest in an eligible facility or execute any financing
document or security document or issue any bonds under this subchapter without
the approval of the authority, but nothing herein contained shall prevent a
municipality from giving preliminary official approval of a proposed project
and the financing thereof. In applying for approval by the authority the
municipality shall furnish the authority with any information required,
including drafts of the proposed financing document and security document. The
authority shall not give its approval unless it determines and incorporates
findings in its minutes that:
(1) the project
and its proposed financing are feasible;
(2) the
establishment and operation of the eligible facility will either
(A) create or
preserve employment opportunities directly or indirectly within the state; or
(B) help to
protect the state's physical environment, or will accomplish both purposes;
(3) the eligible
facility consists of property of a type which may be financed under this
subchapter;
(4) the proposed
user, or if the user as defined under subdivision 212(23) of this chapter is a
lessor, then the tenant of said lessor, has the skills and financial resources
necessary to operate the eligible facility successfully;
(5) the
financing and security documents contain provisions such that under no
circumstances is the municipality obligated directly or indirectly to pay
project costs; debt service; or expenses of operation, maintenance and upkeep
of the facility except from bond proceeds or from funds received under the
financing or security documents, exclusive of funds received thereunder by the
municipality for its own use;
(6) the project
plans comply with all applicable environmental, zoning, planning, and sanitary
laws and regulations of the municipality and of the state of Vermont; and
(7) neither the
financing document nor the security document purports to create any debt of the
municipality with respect to the eligible facility, other than a special
obligation of the municipality under this chapter; and
(8) the proposed
financing of the project by the municipality and the proposed operation and use
of the eligible facility will preserve or increase the prosperity of the
municipality and of the state or enhance or protect the physical environment of
the state and will promote the general welfare of citizens of the state;
(9) for a
project involving an eligible facility as defined in subdivision 212(6)(G) of
this chapter, the project has been certified by the transportation board as
likely to aid in the retention of existing industrial or agricultural
enterprises in the state or in the development and increase of such
enterprises, and if such project consists in whole or in part of vehicles,
rolling stock or other modes of conveyance, there is reasonable assurance that
the same will continue to be based in or operated from the municipality and
contribute to the prosperity of the municipality and of the state; and
(10) the
findings when adopted by the authority shall be conclusive. (Added 1973, No.
197 (Adj. Sess.), § 1; amended 1975, No. 18, § 12, eff. March 27, 1975; 1981,
No. 54, § 15, eff. April 28, 1981; 1983, No. 38, § 2; 1993, No. 89, § 3(b),
eff. June 15, 1993.)