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Legislation #: 170327 Introduction Date: 4/27/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting and approving, in part, the recommendations of the Tax Increment Financing Commission of Kansas City as to the Thirteenth Amendment to the Shoal Creek Tax Increment Financing Plan.

Legislation History
DateMinutesDescription
4/27/2017 Filed by the Clerk's office
4/27/2017 Referred to Planning, Zoning & Economic Development Committee
5/3/2017 Advance and Do Pass as a Committee Substitute, Debate
5/4/2017 Councilmember Wagner (Second by Justus) Move to Amend
5/4/2017 Failed
5/4/2017 Councilmember Barnes Jr. (Second by Reed) Move To Hold On Docket
5/4/2017 Held on Docket (5/18/2017)
5/18/2017 Passed as Substituted

View Attachments
FileTypeSizeDescription
170327.pdf Authenticated 257K Authenticated
170327 Compared.pdf Compared Version 274K Compared Version
170327 TIF Plan.pdf Plan 1056K TIF Plan
170327 Fact Sheet.pdf Fact Sheet 358K Fact Sheet
Shoal Creek TIF - 13th Amendment - ordinance (00194677).docx Request for Ordinance 25K Shoal Creek TIF Plan - 13th Amendment Ordinance

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 170327

 

Accepting and approving, in part, the recommendations of the Tax Increment Financing Commission of Kansas City as to the Thirteenth Amendment to the Shoal Creek Tax Increment Financing Plan.

 

WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the “Act”), the City Council of Kansas City, Missouri by Ordinance No. 54556 passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, passed on August 29, 1991, Ordinance No. 100089, passed on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 (the “Authorizing Ordinances”) created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

 

WHEREAS, on November 10, 1994, the Council passed Ordinance No. 941443, which accepted the recommendations of the Commission as to the Shoal Creek Parkway Tax Increment Financing Plan (the “Redevelopment Plan” or “Plan”), approved the Redevelopment Plan, found the Redevelopment Area to be an economic development area, designated the Redevelopment Area as a Redevelopment Area pursuant to the Act, approved an agreement with the Commission, and authorized the Commission to take all such action as may be needed to effectuate the Redevelopment Plan; and

 

WHEREAS, the First Amendment provided for the expansion of the boundaries of the Redevelopment Area and provided for the use of tax increment financing revenues to assist in financing construction of certain portions of Shoal Creek Parkway and sidewalks, street lights and appurtenances and was approved by the Council by Ordinance No. 971310, passed October 2, 1997; and 

 

WHEREAS, the Second Amendment provided for the addition of two redevelopment projects and for the development of additional commercial space in the expanded Redevelopment Area and was approved by the Council by Ordinance No. 021283 passed on October 31, 2002, with the legal description revised by Ordinance No. 030545 on May 8, 2003; and 

 

WHEREAS, the Third Amendment provided for payments in lieu of taxes to pay for certain costs related to the construction of the Flintlock Flyover and tax increment financing revenues to assist in financing the construction of Shoal Creek Parkway from I-435 to Pleasant Valley Road and was approved by the Council by Ordinance No. 040457, passed on April 29, 2004; and 

 

WHEREAS, the Fourth Amendment provided that 80% of the economic activity taxes generated and collected within the Redevelopment Area be utilized to reimburse certain redevelopment project costs identified in the Fourth Amendment and provided for revisions to the project budget and was approved by the Council by Ordinance No. 041218 passed on November 9, 2004; and 

 

 WHEREAS, the Fifth Amendment provided for modifications to the Budget of Redevelopment Project Costs, as well as the expansion of the Redevelopment Area boundaries to include the proposed alignment of Maplewoods Parkway between Indiana and Brighton and was approved by the Council by Ordinance No. 060903 passed on August 31, 2006; and 

 

WHEREAS, the Sixth Amendment provided for modifications to the Budget of Redevelopment Project Costs, specifically for costs related to N. Brighton as well as Searcy Creek Parkway and was approved by the Council by Committee Substitute for Ordinance No. 061320, passed on December 14, 2006; and 

 

WHEREAS, the Seventh Amendment provided for modifications to the Budget of Redevelopment Project Costs and specifically for costs related to acquisition of property for right-of-way, and removed the Commission Representative from the Advisory Committee, placing him/her as an ex-officio member and was approved by the Council by Ordinance No. 080419 passed on May 8, 2008; and 

 

WHEREAS, the Eighth Amendment provided for (i) the expansion of the Redevelopment Area and the addition of Redevelopment Project Areas, (ii) modifications to the Budget of Redevelopment Projects Costs, and (iii) modifications to the Estimated Economic Activity Taxes during the time tax increment financing is authorized and was approved by the Council by Ordinance No. 081118, passed on November 20, 2008; and 

 

WHEREAS, the Ninth Amendment provided for modifications to the Budget of Redevelopment Project Costs for road improvements and was approved by the Council by Committee Substitute for Ordinance No. 090262 passed on April 16, 2009; and 

 

WHEREAS, the Tenth Amendment provided for (i) modifications to the Budget of Redevelopment Project Costs, (ii) issuance of bonds, (iii) modifications to the boundaries of the Redevelopment Area, and (iv) acquisition of right-of-way for road improvements and was approved by the Council by Ordinance No. 110073 passed on March 10, 2011; and 

 

WHEREAS, the Eleventh Amendment to the Redevelopment Plan provided for modifications to the Budget of Redevelopment Project Costs and modified the Land Acquisition & Disposition Exhibit to include additional properties for right of way acquisition and was approved by the Council by Ordinance No. 130532 passed on July 25, 2013; and  

 

WHEREAS, the Twelfth Amendment to the Redevelopment Plan provided for modifications to the Budget of Redevelopment Project Costs, added project improvements and expanded the boundaries of the Redevelopment Area; and

 

WHEREAS, the Thirteenth Amendment was presented to the Commission; and

 

WHEREAS, the Commission, having been duly constituted and its members appointed, after all proper notice was given, met in public hearing and, after receiving the comments of all interested persons and taxing districts, closed the public hearing on April 12, 2017, and adopted Resolution No. 4-6-17 (“Resolution”) recommending approval of the Thirteenth Amendment; and 

 

WHEREAS, the Thirteenth Amendment provides for (i) modifications to the Budget of Redevelopment Project Costs, (ii) modifications to the Specific Objectives to the Plan and (iii) the inclusion of additional public infrastructure improvements in furtherance of the Specific Objectives of the Redevelopment Plan; NOW, THEREFORE, 

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY: 

 

Section 1. That the recommendations of the Commission concerning the Thirteenth Amendment as set forth in the Resolution attached hereto as Exhibit "A" are accepted, except for the amount of reimbursable Redevelopment Project Costs related to that portion of North Brighton Road, between NE 58th Street and Pleasant Valley, which, notwithstanding the recommendation of the Commission, shall remain at $8,500,000.00, and the Thirteenth Amendment, with the modification stated herein, a copy of which is attached as Exhibit "B," is approved and adopted as a valid amendment to the Redevelopment Plan. 

 

Section 2. That all terms used in this Ordinance, not otherwise defined herein, shall be construed as defined in the Act.

 

Section 3. That the Council finds that: 

 

(a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the City Council in Ordinance Nos. 941443, 971310, 021283, 040457, 041218, 060903, 061320, 080419, 081118, 090262, 110073, 130532 and 160592 with respect to the Redevelopment Plan are not affected by the Thirteenth Amendment and apply equally to the Thirteenth Amendment; 

 

(b) The Redevelopment Area, as amended, is an economic development area, as a whole, and 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; 

 

(c) The areas selected as Redevelopment Projects include only those parcels of real property and improvements which will be directly and substantially benefited by the Redevelopment Project improvements; 

 

(d) The Redevelopment Plan, as amended, and each Redevelopment Project, conform to the comprehensive plan for the development of the City as a whole; 

 

(e) The estimated dates of completion of the respective Redevelopment Projects and retirement of any obligations incurred to finance Redevelopment Project Costs have been stated in the Redevelopment Plan, as amended, and are not more than 23 years from the passage of any ordinance approving a Redevelopment Project within the Redevelopment Area, as amended; 

 

(f) A plan has been developed for relocation assistance for businesses and residences; 

 

(g) The Thirteenth Amendment does not alter the cost-benefit analysis previously incorporated within the Redevelopment Plan.  

 

(h) The Thirteenth Amendment does not include the initial development or redevelopment of any gambling establishment; and 

 

(i) A study has been completed and the findings of such study satisfy the requirements set out in subdivision (1) of Section 99.810, RSMo. 

  

____________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Brian T. Rabineau

Assistant City Attorney