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Legislation #: 130844 Introduction Date: 10/24/2013
Type: Resolution Effective Date: none
Sponsor: COUNCILMEMBER FORD
Title: Amending Second Committee Substitute for Resolution No. 120605 by repealing and reenacting Section 1 thereof for the purpose of updating the policies for the approval of new community improvement districts.

Legislation History
DateMinutesDescription
10/24/2013 Filed by the Clerk's office
10/24/2013 Referred to Planning, Zoning & Economic Development Committee
10/30/2013 Hold On Agenda (11/6/2013)
11/6/2013 Immediate Adoption
11/7/2013 Passed

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RESOLUTION NO. 130844

 

Amending Second Committee Substitute for Resolution No. 120605 by repealing and reenacting Section 1 thereof for the purpose of updating the policies for the approval of new community improvement districts.

 

WHEREAS, Second Committee Substitute for Resolution No. 120605 was adopted by the City Council for the purpose of establishing the City’s policy for approval of new community improvement districts; and

 

WHEREAS, Section 8 thereof requires the City Development Department to annually report to the Planning, Zoning and Economic Development Committee whether the work performed by each community improvement district conforms to the districts’ submitted budgets; and

 

WHEREAS, a mechanism should be in place whereby the City is able to determine the cause for any discrepancies; NOW, THEREFORE,

 

BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:

 

That Second Committee Substitute for Resolution No. 120605 is hereby amended by repealing and reenacting Section 1 thereof, to read as follows:

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. The petition shall provide that the City Auditor shall have the right to examine or audit the records of the community improvement district and shall require that the district make such records available to the City Auditor within ten (10) days after a written request for the same is made.

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 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.

F.     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.

G.      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 no later than March 7, 2014.

 

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