peter sullivan
Winnipeg
- Apr 9, 2010
- 2,356
- 4
WEll, Peter, it is nothing like a land exchange.
You could look at it this way. THe ability to spend the money to build a parking garage by the arena is intended to develop and enhance the viabiltiy of the arena, which is city-woned infrastructure. That enhancement, though, would be of little use without a lead tenant. The existence of a long-term lead tenant is also an enhancement to that infrastructure. Accordingly, the CoG is, given the exigent circumstances, electing to use the money towards a different enhancement to the same facility.
I usually just hate using everyday examples to explain business transactions, but consider it this way, perhaps. You have been given $25,000 to build a swimming pool for your house. However, before you spend that money, you discover that your house has developed some structural defects that are going to result in your house collapsing in a pile of bricks and wood splinters. Keeping that money to build the pool would sure be nice, but it would be pretty pointless to have a swimming pool on a lot where no one lives because the house fell down in a heap. So, you spend the $25,000 to fix the structural defects.
not quite...its more like you had been given $25000 to build a pool and you end up paying your gambling debts with it using the logic that if you didnt do that there would be nobody left to pay the rest of the mortgage.
this money doesnt provide a long term tenant....it provides a tenant for 1 year.
i understand your point, but i find that transition in logic to be problematic....i dont buy that paying the operating losses of a private company can be considered an infrastructure enhancement....there are lots of uses for that arena that dont involve public handouts.
i dont see how it is not a land exchange....in the end the money came from a real estate asset and is being used to finance a private company...it was illegal to use taxpayer money so they think they can get around it by using this money....they obviously feel that the source is the critical difference....what was the source?....the property asset owned by the taxpayers.
the crux of the argument is that they have to present the case that paying the losses for a private company is an infrastructure enhancement or else they face the gift clause issue....or maybe they think this money is exempt from that for some reason?
if they are successful making that argument then why could they not have just used tax money because it is not illegal to spend money on infrastructure.
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