SUBSTITUTE FOR RESOLUTION NO. 120605
Establishing the City’s policy
for approval of new community improvement districts, repealing Committee
Substitute for Resolution No. 060255, and directing the City Clerk to docket
certain communications on the Planning, Zoning and Economic Development Committee’s
Community Improvement District Act, Section 67.1401, RSMo, et seq., (“CID Act”)
allows property owners to voluntarily form a district in which certain taxes
and special assessments are levied in return for local benefits; and
City Council is charged by the CID Act with conducting a public hearing for
determining whether a lawfully petitioned district should be established; and
City Council enacted Committee Substitute for Resolution No. 060255, giving
certain guidance to the City Manager related to community improvement districts
without establishing a policy to advise the Council in the establishment of
future districts; and
WHEREAS, it is
to the public’s benefit for the Council to consider certain issues in the
establishment of community improvement districts; NOW THEREFORE,
BE IT RESOLVED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the Council hereby establishes the following policies for the approval of new
community improvement districts:
City will consider community improvement districts to finance services or
improvements that benefit the property owners, business owners, customers, and
residents of the district, as may be applicable to the district seeking
The City will consider the public benefit of community improvement
districts that seek to impose a sales tax, including, but not limited to, such
benefits as blight remediation, promotion of health and safety, and economic
The petition shall inform the property owners of the right
to initiate a petition to terminate the proposed community improvement district
as provided by 67.1481, RSMo.
community improvement district proposing to maintain, repair and clean
improvements in the public right-of-way or otherwise support business
activities and economic development, shall address and fund, in the petition’s
such actions as will promote blight remediation,
health and safety, economic development, and/or one or more of the ten “Categories
of Competitiveness” in the AdvanceKC Strategic Plan adopted by City Council.
Each annual report thereafter required by 67.1471.4, RSMo shall identify how blight remediation, health and safety, economic
development, and/or one or more of the ten “Categories of Competiveness”
have been addressed during the preceding fiscal year.
Any community improvement district proposing to maintain, repair
and clean improvements in the public right-of-way or otherwise support business
activities and economic development, shall enter into a cooperative agreement
with the City, the form of which shall be substantially similar to that which
is attached to this resolution. If the district is established as a political
subdivision and intends to take title to any real property, whether by
purchase, gift, grant, bequest, devise or otherwise, the agreement shall
address, or shall be amended to address, whether and to what extent the
district shall be required to remit to the affected taxing jurisdictions a payment
in lieu of taxes that would have been received by the relevant taxing
jurisdictions but for any abatement of ad valorem taxes arising from the
community improvement district shall be limited to a twenty year term, provided however that the petition may
provide for the district to be automatically continued for one or more
successive ten year terms, without having to submit a new petition, subject to
the condition precedent that the City Council shall not have adopted a
resolution disallowing such continuation prior to the date upon which any
successive term would have commenced. Notwithstanding the foregoing, the
petition may provide for an initial term in excess of twenty years if (1) the
petition provides that the sales tax will be used to repay debt issued to fund
capital improvements, blight removal, or both, or (2) the community improvement
district determines, subsequent to its creation, to incur debt the repayment of
which is to be funded by the sales tax and the City Council grants its consent
to the extended term.
the foregoing, nothing herein shall apply to any existing community improvement
district; any proposed community improvement district having submitted its
petition to the City Clerk prior to the date upon which this resolution is
adopted; or any proposed community improvement district having begun
circulation of its petition prior to the date upon which this resolution is
adopted as attested to by a person directing that the petition be submitted to
the City Clerk, and provided further that such petition is submitted within one
(1) year following the date upon which this resolution is adopted.
2. That nothing herein shall preclude any community district from carrying out any
powers set forth in sections 67.1401 to 67.1571, RSMo.
Section 3. That
the City Manager shall not execute any petition seeking to establish a
community improvement district unless authorized by the City Council.
Section 4. That
the City shall make an annual financial contribution to any community
improvement district formed within the City limits that includes City
properties and provides services that benefit those properties, subject to
execution of a written agreement and the limits of funding appropriated for
such purpose by the City Council.
Section 5. That
the City Manager is directed to annually budget for these anticipated expenses
and include them as part of the annual City budget.
Section 6. That
the Council supports the continued use of the CID/NID Revolving Loan Fund as
established by Committee Substitute for Ordinance No. 110423.
Section 7. That
the City Clerk shall notify the Planning, Zoning and Economic Development
Committee by communications to be included on the committee’s agenda each time
a community improvement district files its proposed annual budget and annual
report with the City Clerk.
Section 8. That
the City Development Department shall annually report to the Planning, Zoning
and Economic Development Committee those community improvement districts that
failed to submit their proposed annual budgets and annual reports within the
time limits provided by Section 67.1471, RSMo, and whether the work performed
conformed to previously submitted budgets.
That, when requested by a Councilmember, community improvement districts will
be given the opportunity to appear before the Planning, Zoning and Economic
Development Committee to report on its activities.
Section 10. That
currently existing community improvement districts are encouraged to consider
the ten “Categories of Competitiveness” in the AdvanceKC Strategic Plan adopted
by City Council and implement such actions as will further the objectives of
one or more of the same, to the extent deemed feasible by the districts’
That Committee Substitute for Resolution No. 060255 is hereby repealed.