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Legislation #: 190264 Introduction Date: 4/4/2019
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER LOAR
Title: Approving the Second Amendment to the Platte Purchase Development Plan.

Legislation History
DateMinutesDescription
4/4/2019 Filed by the Clerk's office
4/4/2019 Referred to Planning, Zoning & Economic Development Committee
4/17/2019 Advance and Do Pass, Debate
4/18/2019 Passed

View Attachments
FileTypeSizeDescription
190264 - 2nd Amendment to the Plan 4.19.pdf Other 336K 2nd Amendment to Plan
190264.pdf Authenticated 191K Authenticated
190264 Platte Purchase 2nd Amendment PZED 4.17.19.pptx Other 1702K Presentation
190264 fact sheet-converted.pdf Fact Sheet 146K Fact Sheet

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ORDINANCE NO. 190264

 

Approving the Second Amendment to the Platte Purchase Development Plan.

 

WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865, Ramos, as amended (the “TIF Act”), the City Council of Kansas City, Missouri (the “City Council”) by Ordinance No. 54556 passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, passed on August 29, 1991, Ordinance No. 100089, passed on January 28, 2010, Ordinance No. 130986, passed on December 19, 2013, and Committee Substitute for Ordinance No. 140823, As Amended, passed on June 18, 2015, created the Tax Increment Financing Commission of Kansas City, Missouri (the “Commission”); and

 

WHEREAS, on July 14, 2016, the City Council accepted the recommendation of the Commission and passed Ordinance No. 160415 approving the Platte Purchase Development Plan (the “Redevelopment Plan”) and designating a Redevelopment Area; and

 

WHEREAS, on December 4, 2017, the City Council accepted the recommendation of the Commission and passed Ordinance No. 170971 approving the First Amendment to the Redevelopment Plan and designating a Redevelopment Area; and

 

WHEREAS, the proposed Second Amendment to the Redevelopment Plan (the “Second Amendment”), after due and proper notice required by Sections 99.825 and 99.830 RSMo, was introduced to the Council for its consideration; and 

 

WHEREAS, the proposed Second Amendment provides for certain modifications to: (1) the description of the public improvements (2) the Budget of Redevelopment Project Costs, (3) the Redevelopment Schedule and (4) the Source and Uses. The proposed Second Amendment also provides for changes to the exhibits to the Redevelopment Plan that are consistent with the foregoing modifications described herein. The modifications contemplated by the Second Amendment do not enlarge the exterior boundaries of the Redevelopment Area described by the Redevelopment Plan and do not substantially affect the general land uses established in the Redevelopment Plan or substantially change the nature of the Redevelopment Project described by the Redevelopment Plan and therefore the TIF Act does not require a public hearing of, and recommendation from, the Commission; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Second Amendment to the Redevelopment Plan, a copy of which is attached hereto as Exhibit A, is hereby approved and adopted. 

 

Section 2. That all terms used in this ordinance shall be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the “Act”).

 

Section 3. That the City Council hereby finds that good cause has been shown for the Second Amendment of the Redevelopment Plan and that the findings of the Council with regard to Redevelopment Plan are not affected by and apply equally to the Second Amendment to the Redevelopment Plan.  

 

Section 4. That the City Council hereby finds that:

 

(a)  The Redevelopment Area described in the Redevelopment Plan, as amended by the Second Amendment, is an economic development area and the redevelopment will not be used solely for development of commercial businesses which unfairly compete in the local economy and the Redevelopment Plan, as amended by the Second Amendment, is in the public interest because it will discourage commerce, industry or manufacturing from moving their operations to another state; or result in increased employment in the municipality; or result in preservation or enhancement of the tax base of the municipality.

 

(b)  The Redevelopment Area has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of the Redevelopment Plan, as amended by the Second Amendment.

 

(c) The Redevelopment Plan, as amended by the Second Amendment, conforms to FOCUS, the comprehensive plan for the development of the City as a whole.

 

(d) The area selected for the Redevelopment Projects include only those parcels of real property and improvements thereon which will be directly and substantially benefited by the improvements.

 

(e) The estimated dates of completion of each respective Redevelopment Project and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan, as amended by the Second Amendment, and are not more than 23 years from the passage of any ordinance approving a Redevelopment Project authorized by the Redevelopment Plan.

 

(f) The Redevelopment Plan, as amended by the Second Amendment, includes a plan for relocation assistance for business and residences.

 

(g) A cost-benefit analysis, in this case a tax impact analysis, showing the impact of the implementation of the Redevelopment Plan, as amended by the Second Amendment, on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act and has not been modified by virtue of the Second Amendment.

 

(h) The Redevelopment Plan, as amended by the Second Amendment, does not include the initial development or redevelopment of any gambling establishment.

 

Section 5. That the Commission is authorized to issue obligations in one or more series of bonds secured by the Platte Purchase Account of the Special Allocation Fund to finance Redevelopment Project Costs identified by the Redevelopment Plan and, subject to any constitutional limitations, to acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of, land or other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the Commission determines, to enter into such contracts and take all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan, as amended by the Second Amendment, pursuant to the power delegated to it by the City. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

 

Section 6. That pursuant to the provisions of the Redevelopment Plan, as amended by the Second Amendment, the City Council approves the pledge of all funds that are deposited into the Platte Purchase Account of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Redevelopment Area and authorizes the Commission to pledge such funds on its behalf. 

 

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Galen Beaufort

Senior Associate City Attorney