Transportation Development District Policies

 

City (date of policy)

 Process

Criteria

Developer Contribution

Agreement

Fees

Lenexa (2006)

Submit TDD application form.  City Finance Team reviews for compliance with law and makes recommendation.  Petition forwarded to City Council for action along with a City-developed Finance Plan.

 

Bonds can be used- must include security, must be sold to qualified investors

1.   Promote and support efforts to redevelop retail sites

2.   Stimulate quality, retail development

3.   Attract and promote mixed use, urban development

4.   Allow for construction of transportation related infrastructure beyond what the City requires or would otherwise build

5.   Project located in area that has been targeted for redevelopment or has site constraints making development more difficult or costly.

6.   Recommendation of City Finance Team

7.   Additional:

  • Cost
  • Funding- public vs. private
  • Developer- experience and stability
  • Tenants
  • Competition

Not specified.

Not specified. 

Applicant must pay City’s fees and those of the City’s consultants

 

 

 

 

 

City (date of policy)

 Process

Criteria

Developer Contribution

Agreement

Fees

Olathe (2007)

Petition submitted along with petition fee. Upon receipt, forwarded to City’s TDD Committee to review the petition and then forwarded to Governing Body for consideration. 

All Criteria required, adjustments to sales tax percentage/assessments may be adjusted to the extent criteria is exceeded:

1.  “But For” test- the project would not be completed but for the TDD

2.  Debt service coverage ratio of at least 1.25 times the projected bonds unless purchased by bank or petitioner for sales tax bonds; 1.15 for special assessment bonds.

3.  Total amount of TDD based on economic payoff.  Generally, payoff is 10 years- longer if the project is of community-wide significance.

4.  Developer Contribution and Cost Allocation (see next column)

5.  timely project completion

 

Governing Body consideration:

Economic Benefit, Location, Design Criteria, Compatibility with City plans, traffic impacts, utilization of city-owned utilities

Developer shall:

Have financial ability to complete and operate the project; will be liable for private finance of at least 15% or provide performance bond; demonstrate financial nexus between public infrastructure financed by TDD and the private infrastructure financed by TDD:  at least 50% of TDD eligible costs should pay for construction of major public City-specified infrastructure outside district; at least 25% should pay for infrastructure outside district, but located immediately adjacent; no more than 25% should be allocated for private costs.  Projects with greater than 75% of costs dedicated to public infrastructure will be viewed more favorably. 

Required.  Each agreement includes a notice and waiver disclosing to each petitioner that the City reserves the right to create other districts with different sales tax percentages and different terms and the petitioner waives the right to request any modification based on such differences.

Non-refundable petition fee of $5,000 plus bond issuance fee of .25% of the first $10 M plus .2% of the second $10 M plus .1% of anything over $20 M.  Minimum fee $2000 and max fee $100,000; annual administrative service fee of .5% of the annual TDD district and all costs associated with bond counsel, other fees

 

 

 

 

City (date of policy)

 Process

Criteria

Developer Contribution

Agreement

Fees

Overland Park (2004)

Applicant provides information to the City.  If at least one of the criteria for creating a TDD is met, the preliminary information is forwarded to a Council Committee for preliminary consideration.  If it is approved in concept, then a financial plan is devised.  Then, for formal consideration, petition and finance plan go to the Governing Body for consideration.

1.      Attract unique retail development which will enhance economic climate of City

2.      Attract large regional retail development

3.      Result in building of transportation related infrastructure beyond what the City can require or would otherwise build.

4.      Promote redevelopment

Nothing specified.

Nothing specified.

Nothing specified.