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Legislation #: 120605 Introduction Date: 6/28/2012
Type: Resolution Effective Date: 3/17/2013
Sponsor: COUNCILMEMBER FORD
Title: 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 agendas.

Legislation History
DateMinutesDescription
6/29/2012 Filed by the Clerk's office
6/28/2012 Referred to Planning, Zoning & Economic Development Committee
7/11/2012 Hold Off Agenda
10/17/2012 Hold On Agenda (10/24/2012)
10/24/2012 Hold On Agenda (11/7/2012)
11/7/2012 Hold On Agenda (12/5/2012)
12/19/2012 Hold Off Agenda
2/20/2013 Be Adopted as a Second Committee Substitute
2/28/2013 Assigned Third Read Calendar as Substituted
12/5/2012 Hold On Agenda (12/19/2012)
3/7/2013 Adopted as Second Committee Substitute

View Attachments
FileTypeSizeDescription
plan.pdf Plan 699K strategic plan
120605.pdf Authenticated 4234K Authenticated
120605 Coop Agreement revised 2.28.13.docx Agreement 33K Cooperative Agreement [revised 2.28.13]
CID Policy Elements.pdf Other 92K CID Policy Element
fact sheet.DOC Fact Sheet 44K fact sheet
coop agr.pdf Agreement 34K Cooperative Agreement
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120605 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=120605

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SECOND COMMITTEE 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 agendas.

 

WHEREAS, the 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

 

WHEREAS, the City Council is charged by the CID Act with conducting a public hearing for determining whether a lawfully petitioned district should be established; and

 

WHEREAS, the 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:

 

A.    The 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 approval.

 

B.     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 development.

 

C.     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.

 

D.    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 address and fund, in the petition’s proposed budget, 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.

 

E.     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 district’s ownership.

 

F.      A 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.

 

Notwithstanding 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.

 

Section 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.

 

Section 9. 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’ boards.

 

Section 11. That Committee Substitute for Resolution No. 060255 is hereby repealed.

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