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The Data Center Divide

City of Osawatomie

Pro-Data Center Policies

Osawatomie has approved tax breaks and tax-exempt construction financing for one project, plus help with utilities and approvals; the agreement does not prevent future rules.

Incentives

Tax benefitsWater and electricity

The preliminary framework proposes industrial revenue bonds for a construction-materials sales-tax exemption and a 50% property-tax abatement for ten years, subject to statutory procedures and City policies, plus assignment of five MW of renewable-energy credits to the data-center end user. These are proposed project benefits, not vested awards: the agreement is nonbinding except for exclusivity, access and confidentiality.

current law · City of Osawatomie
Authorizes Osawatomie to give Alcove Development an exclusive 3.5-year option to buy about 116 acres for data centers, with proposed tax incentives and city cooperation on zoning, water, and infrastructure.Osawatomie Resolution 1337 (2026)

What this means

The agreement offers major financial support, including a 50% property-tax abatement for 10 years and tax-exempt construction financing, while promising to help with utilities and approvals. These benefits apply to a specific site and project, and the agreement does not prevent future rules, so it is a strong incentive rather than a broad protection for data centers.

People behind it

  • Developer and party to the predevelopment agreement; offered the agreement and proposed exploring development of a data center project.

  • Property owner and party to the predevelopment agreement; authorized the agreement and agreed to administer its municipal obligations.

  • Authorized signatory who executed the predevelopment agreement on behalf of the City.

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  • Responsible for overseeing the development agreement and ensuring the parties adhere to its terms.

  • Moved approval of Resolution 1337 authorizing execution of the predevelopment agreement.

  • Seconded the motion to approve Resolution 1337.

Restrictions & requirementsHide restrictions & requirements8
  • The project must obtain rezoning or a special-use permit if necessary, and all development-related reviews and approvals must comply with the City's ordinances and policies.

  • The developer must prepare a site plan for City review and approval, and all improvements must comply with applicable codes and standards, including requirements addressing access, stormwater, landscaping, and utilities.

  • The City may reasonably consider variances or amendments, but the agreement does not automatically grant them; requests must be made to accommodate site-design needs.

  • Water service is limited to up to 1,000,000 gallons per day and is subject to standard connection fees and extension costs.

  • The developer receives only an exclusive option to purchase the property for 3.5 years; closing must occur within 90 days after the option is exercised, and a definitive development agreement and purchase-and-sale agreement must then be executed.

  • The first six months of the option period are a due-diligence period, after which the developer must pay a 3% annual reserve payment—initially $34,800 and for two additional years unless the option is exercised.

  • The City's commitments to issue industrial revenue bonds and provide a 50% property-tax abatement for 10 years are subject to statutory procedures and compliance with City policies.

  • The proposed power requirement of 50 to 150 MW is not guaranteed by the City; the City supports on-site generation and will cooperate in pursuing grid interconnection through the Southwest Power Pool or other providers.

Benefits & exceptionsHide benefits & exceptions10
  • The City grants the Developer an exclusive three-and-a-half-year option to purchase the Property at $10,000 per acre; closing must occur within 90 days after the option is exercised.

  • The Developer may enter the Property during the option period for inspections, environmental and geotechnical testing, and other investigations, provided the activities do not unreasonably interfere with City operations.

  • The City agrees not to negotiate with or solicit other developers for data center facilities on the Property during the option period, providing exclusive negotiation protection.

  • The City must cooperate with rezoning or special-use approvals needed for data center use, expedite development reviews consistent with its ordinances and policies, reasonably consider necessary variances or amendments, and assist with annexation or rezoning of adjoining land when consistent with the comprehensive plan; these actions remain subject to applicable ordinances and policies.

  • The City agrees to provide up to one million gallons per day of water service for the Property, subject to standard connection fees and extension costs, and to work on long-term infrastructure solutions for pressure and reliability.

  • The City will assign five megawatts of renewable energy credits to the data center end user, support on-site natural-gas generation, and cooperate with the Developer to pursue grid interconnection through the Southwest Power Pool or other providers. The anticipated total power requirement is 50 to 150 MW, but the agreement does not guarantee that full amount.

  • The City agrees to cooperate in obtaining easements for natural gas, fiber optics, and other infrastructure needed to serve the Project and to coordinate infrastructure installation with other improvements where possible.

  • The City agrees to support issuance of Industrial Revenue Bonds to provide a sales tax exemption on construction materials, subject to applicable procedures and requirements.

  • The City agrees to provide a 50% property tax abatement for ten years, subject to statutory procedures and compliance with City policies.

  • The Developer may assign its rights and obligations to an affiliate or project-specific entity by written notice, provided the assignee assumes the Developer's duties in writing.

Sources

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