Addition and subtraction: TIFs cut funding for outside school districts
By: Brian Brus The Journal Record
February 12, 2016
OKLAHOMA CITY – School districts across the state that fall outside tax increment finance districts are receiving less funding than they would otherwise deserve because of how increases in property tax revenue are omitted from the state aid formula, officials confirmed.
In Oklahoma County alone for 2014, Oklahoma City’s TIF districts diverted ad valorem taxes of $25 million that was generated from $218 million in net assessed property values away from other jurisdictions such as the Independent District 89 – the Oklahoma City Public Schools, city economic development project manager Brent Bryant said. Although $3.5 million was given back to those jurisdictions while the balance went to city infrastructure and economic development projects, the $25 million figure was never included in the state appropriations equation for education, which takes counties’ property values into consideration for additional funding.
Oklahoma City Councilman Ed Shadid has frequently questioned other city officials about the impact of TIF accounting. He recently asked Alliance for Economic Development President Cathy O’Connor whether moving a valuable property like the Devon Energy tower, 499 Sheridan Ave., from one TIF into another would help I-89 at the expense of other schools.
“Yes,” O’Connor said, adding that Oklahoma City school officials suggested the Devon adjustment near the end of its first TIF’s life span. “They requested that, they did. They wanted 499 in for that very reason. They’ve done the math. We’ve helped them do the math. They get more money.”
“So they get more money, but could you make an argument that rural schools or schools outside I-89 get less?” Shadid said.
“I guess you could,” O’Connor said.
Oklahoma City isn’t the only municipality active in TIF revenue diversion, however. According to the Oklahoma Tax Commission’s ad valorem division, local governments across the state had more than $445 million in active TIF districts in 2015. That concerns Larry Stein, chief deputy for Oklahoma County Assessor Leonard Sullivan, who sees a parallel situation at the next level of government as taxpayers end up paying for projects elsewhere they didn’t agree to.
“All of the counties in Oklahoma have experienced a similar thing from the state of Oklahoma. An amount of money that was supposed to be returned every year to the county has disappeared because of legislative initiatives,” he said. “The result is that the Legislature is $1.3 billion in a hole now.”
A TIF district is based on the idea that investing taxpayer money in a problem property can turn it around and consequently attract more private development for the surrounding area. In Oklahoma, state law allows municipalities to access funds for such development by defining a region and locking property values within it at a base level over several years while setting aside ad valorem tax revenue as it increases over the base.
Historically, the increased ad valorem is funneled back into a project within the TIF district, leaving other taxing jurisdictions such as school districts at a loss until the TIF dies. Proponents argue that local schools wouldn’t have benefited from property tax revenue but for the TIF anyway, so it’s not a true negative impact on school funding.
Oklahoma City now has nine active TIFs, with plans to add up to seven more. The original nine cover 4,000 acres, overlapping nearly 4 percent of the I-89 school district. The largest TIF is generally defined as downtown. Other smaller TIFs can be found within the district.
The properties within the six new TIF districts paid $750,000 in ad valorem property taxes in 2014, O’Connor said. Under the plan to be voted on Feb. 23, if any such area is judged to be struggling with development, a review committee can ask the City Council to activate one of the new TIFs to provide a financial boost. Any additional ad valorem tax or sales tax revenue collected above the current base will be kept within the district.
The city’s TIFs are being designed now to share diverted ad valorem revenue with the schools, which Bryant referred to as an unprecedented step – “We’re trying to do the right thing,” he said.
In 2000 when the 499 Sheridan block was placed into a TIF, the property had a value of $1.85 million, Bryant said. In 2014, that had risen to $9.5 million, or an increment of $7.7 million that generated $96,000 in taxes. Of that, $48,000 goes to the TIF district and the other half is given back to the other taxing jurisdictions, primarily the I-89 school district.
“That money does not count against their funding formula,” Bryant said, referring to the 72-page Oklahoma School Finance Technical Assistance Document that outlines the state aid equation.
Officials at the state Department of Education confirmed that normally, when a school district realizes ad valorem increases from year to year, the state Legislature appropriates less aid, which has the result of freeing up funding for other districts or programs. By not reporting improvements in property tax collections within a TIF, that school district is sapping more from the pool, leaving less for everyone else than they would otherwise be due.
Ryan Owens, an attorney representing the Cooperative Council for Oklahoma School Administration, proposed that argument in an amicus curiae brief submitted to the Oklahoma Supreme Court in December. At the time, CCOSA was supporting a penny sales tax to increase funding for education. The argument spoke against concerns that revenue tied to retail purchases would somehow degrade other funding streams.
Owens said the topic was discussed with representatives from the Oklahoma State School Boards Association and the Oklahoma Education Association, who also contributed to the Supreme Court case brief. They agreed with the conclusion that the ripples from a local TIF could be far-reaching, he said.
Scott Randall, chief capital projects officer for I-89, said school district board members and Superintendent Robert Nue have met with city officials many times over the last few years and tried to consider a wide spectrum of potential impacts from municipal TIFs. The district has done nothing wrong, he said, and officials appreciate the City Council’s generosity in giving the schools some TIF revenue.
“We’re looking at it as, how do we benefit Oklahoma City public school students,” Randall said. “We do understand our responsibility to the state. Having said that, however, we are also the largest school district in the state, and we have some of the greatest challenges of being an urban district that go along with that.
“There are a great number of challenges with the state funding formula,” he said.
Owen said the state aid formula for schools is highly complex, taking into consideration such factors as teacher numbers, transportation area, student sparsity, special needs programs and grade levels. Each school should have a similar amount of funding per pupil statewide. The equation has been challenged twice before the state Supreme Court and has withstood judicial scrutiny both times, he said.
“The formula would not look so goofy if it had more money in it. The problem with the formula is that it’s starved,” he said. “If you add up the number of reductions we’ve experienced since the recession as a cumulative total, it comes to a loss of $1.2 billion in state appropriation. As those go down, the local revenue piece becomes more and important to school districts.”
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