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Legislation #: 140372 Introduction Date: 5/8/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Bannister _ Wornall Tax Increment Financing Plan; approving the Bannister _ Wornall Tax Increment Financing Plan; designating a Redevelopment Area; requiring certain provisions be included in the Redevelopment Agreement; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
5/7/2014 Filed by the Clerk's office
5/8/2014 Referred to Planning, Zoning & Economic Development Committee
5/14/2014 Advance and Do Pass as a Committee Substitute, Debate
5/15/2014 Passed as Substituted

View Attachments
FileTypeSizeDescription
140372.pdf Authenticated 375K Authenticated
140372 Fact Sheet.pdf Fact Sheet 258K Fact Sheet
Plan 0K TIF Plan on File with City Clerk's Office
Request for Ordinance Bannister Wornall (00168238xA7821).docx Request for Ordinance 21K Request for Ordinance Bannister & Wornall TIF Plan

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140372

Accepting the recommendations of the Tax Increment Financing Commission as to the Bannister & Wornall Tax Increment Financing Plan; approving the Bannister & Wornall Tax Increment Financing Plan; designating a Redevelopment Area; requiring certain provisions be included in the Redevelopment Agreement; and directing the City Clerk to transmit copies of this ordinance.

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 City Council of Kansas City, Missouri by Ordinance No. 54556 passed on November 24, 1982, and thereafter amended in certain respects by Committee Substitute for Ordinance No. 911076, As Amended, passed on August 29, 1991, Ordinance No. 100089, As Amended, passed on January 28, 2010, and Ordinance No. 130986, passed on December 19, 2013, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, the Bannister & Wornall Tax Increment Financing Plan (the “Redevelopment Plan”) was proposed to the Commission; and

  WHEREAS, the Redevelopment Plan is a comprehensive program intended to reduce or eliminate blight and enhance the tax base within the redevelopment area (the “Redevelopment Area”) through the implementation of a project (“Redevelopment Project”) and the adoption of tax increment financing; and

  WHEREAS, the Commission has been duly constituted and its members appointed; and, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested persons and taxing districts with respect to the Redevelopment Plan, closed said public hearing on April 22, 2014, and adopted its Resolution No. 4-18-14 (the “Resolution”) recommending to the City Council the approval of the Redevelopment Plan; and

  WHEREAS, the Redevelopment Plan will include the demolition of an existing 75,000 square foot structure, construction of approximately 471,467 square feet of office space, along with approximately 340 surface parking spaces and construction of a 1,583 space parking garage; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the recommendation of the Commission concerning the Bannister & Wornall Tax Increment Financing Plan as set forth in the Resolution is hereby accepted and the Redevelopment Plan 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 following described area is hereby designated a Redevelopment Area: 

Part of the Northeast 1/4 of Section 30, Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the southeast corner of said 1/4 section; thence North 2 degrees 14 minutes 28 seconds East along the east line of said 1/4 section, a distance of 47.10 feet; thence North 87 degrees 38 minutes 14 seconds West, a distance of 20.0 feet to the true point of beginning of the tract of land herein described; said point also being the point of intersection of the west line of Wornall Road and the north line of Bannister Road, as said roads are now established; thence North 87 degrees 38 minutes 14 seconds West along the north line of said Bannister Road, a distance of 1032.64 feet; thence North 6 degrees 47 minutes 30 seconds East, a distance of 83.77 feet; thence North 42 degrees 37 minutes 00 seconds East, a distance of 180.01 feet; thence North 47 degrees 23 minutes 00 seconds West, a distance of 85.00 feet; thence North 42 degrees 37 minutes 00 seconds East, a distance of 379.00 feet; thence North 33 degrees 22 minutes 40 seconds East, a distance of 68.13 feet; thence North 47 degrees 21 minutes 00 seconds West, a distance of 81.51 feet; thence North 42 degrees 39 minutes 00 seconds East, a distance of 386.51 feet to a point on the southerly line of Ward Parkway, as now established; thence South 72 degrees 04 minutes 13 seconds East along said southerly line, a distance of 51.24 feet; thence in a southeasterly direction along said southerly line and along a curve to the left having a radius of 657.64 feet and tangent to the last described course, an arc distance of 84.18 feet; thence South 81 degrees 40 minutes 43 seconds East along said southerly line, a distance of 5.16 feet; thence in a southeasterly direction along said southerly line and along a curve to the left having a radius of 1740.00 feet and tangent to the last described course, an arc distance of 199.50 feet; thence in easterly direction along said southerly line and along a curve to the right having a radius of 2275.83 feet and having a tangent common to the last described curve, an arc distance of 108.57 feet; thence in and easterly and southeasterly direction along said southerly line and along a curve to the right having a radius of 59.00 feet and tangent common to the last described curve, an arc distance of 82.55 feet; thence South 3 degrees 04 minutes 24 seconds East along said southerly line, a distance of 76.66 feet to the west line of said Wornall Road; thence South 2 degrees 14 minutes 28 seconds West along said west line, a distance of 786.69 feet to the true point of beginning, except that part conveyed to City of Kansas City, Missouri, for new right-of-way for Wornall Road by instrument recorded July 29, 1991 as Document No. K-982203 in Book K-2147, page 1287 and except that part conveyed to the State of Missouri for new right-of-way for Bannister Road by instrument recorded as Document No. K500077 in Book K1101 at page 312.

 

  Section 4. That in accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

(a) The Redevelopment Area as a whole is a blighted area, evidenced by defective or inadequate street layout, unsanitary or unsafe conditions including deterioration and dilapidation of site improvements, excessive vacancies, presence of structures below minimum code standards, lack of ventilation, light or sanitary facilities; 

(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;  

(c) The Redevelopment Plan conforms to FOCUS, the comprehensive plan for the development of the City as a whole;

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

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

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

(g) A cost-benefit analysis showing the impact of the Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;

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

(i) A blight study has been completed and the findings of such study satisfy the requirements provided under subdivision (1) of Section 99.805, RSMo.

Section 5. That the Redevelopment Area is a blighted area located within the City's urban core area.

Section 6. That the Commission is authorized to issue obligations in one or more series of bonds secured by the Bannister & Wornall Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area 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 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 7. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into the Bannister & Wornall 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. 

Section 8. That the Redevelopment Agreement which the Commission has been granted the power to enter into pursuant to Sections 74-51 to 74-61, Code of Ordinances, shall contain a provision establishing the base for purposes of determining the total additional revenues generated from the imposition and collection of earnings taxes on salaries, wages, commissions and other compensation (the “earnings tax”) and precluding the use of the Redevelopment Area as the situs for the source of any earnings tax on net profits (the “net profits tax”).

Section 9. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Executive of Jackson County, Missouri.

_________________________________________________

Approved as to form and legality: 

 

 

______________________________

Brian T. Rabineau

Assistant City Attorney