RESOLUTION NO. 250681
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Sponsor: Councilmember Nathan Willett
RESOLUTION - Clarifying the intended application of the City’s Incentive Policies and directing the City Manager to develop policies and procedures to ensure compliance with the intended applicability of those policies and to make recommendations to Council within 30 days.
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WHEREAS, the City allows certain improvement and developments around the City to be funded through the redirection of tax revenues or other incentive tools authorized by State statue through various incentive agencies, including but not limited to the City, Tax Incremental Financing Commission, Planned Industrial Expansion Authority, the Port Authority of Kansas City, and others; and
WHEREAS, the City has adopted certain policies that are required for those improvements and developments funded by incentives, which include, but are not limited to, minority and women business enterprise program, work force program, prevailing wage, and affordable housing set aside (collectively “City Incentive Policies”); and
WHEREAS, questions have arisen regarding the intended applicability of the City Incentive Policies to certain developments not directly funded by or receiving benefits of the incentives although they are tax revenue generating development which occur as a result of the incentives; and
WHEREAS, the application, compliance, monitoring and enforcement of the City Incentive Policies as intended is critical to the success of these policies and to encourage rather than discourage the growth and redevelopment of the City; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:
Section 1. That City Council expresses its desire to have the City Incentive Policies applied consistently throughout the City and with previous incentivized developments.
Section 2. That City Council clarifies the City’s Incentive Policies are intended to apply only to those improvements or developments, or portions thereof, actually and directly funded with or incentives or that are actually and directly receiving the benefits of tax abatement and not simply because such development which generates tax revenues to be used to reimburse specific costs of improvements that may be necessary or desirable to attract such development.
Section 3. That City Council clarifies the City’s Incentive Policies are not intended to apply to those improvements or developments, or portions thereof, that are merely (i) located within an area designated for incentives but are not actually and directly funded by the incentives, (ii) generates the tax revenues used to fund other specific improvements subject to the City’s Incentive Policies, or (iii) receive an indirect, secondary or ancillary benefit from those incentivized improvements or developments.
Section 4. That the City Manager is hereby directed to develop policies and procedures to ensure compliance with City Council’s intended application of the City Incentive Policies and to make recommendations to council as necessary to effectuate the intended application of said policies, including but not limited to amendments, as may be necessary, to the City Code of Ordinances within 30 days.
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