ORDINANCE NO. 020786

Approving and designating Redevelopment Project Area 4 of the Chouteau I-35 Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therein.

WHEREAS, the City Council of Kansas City, Missouri by Ordinance No. 54556, passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, on April 23, 1998, the Council passed Ordinance No. 980426, which approved the Chouteau I-35 Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area as a blighted area; and

WHEREAS, on ___________________, 2002, the Council passed Ordinance No. 020784 which approved the First Amendment to the Redevelopment Plan; and

WHEREAS, the First Amendment to the Redevelopment Plan and ordinance contemplate the implementation of the Redevelopment Plan through four separate Redevelopment Projects and the adoption of tax increment financing in each of the areas selected for such Redevelopment Projects; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. 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.

Section 2. The area selected for Redevelopment Project Area 3 is legally described as follows:

All that part of the West Half of the Southeast Quarter of Section 6, Township 50 North, Range 32 West, Clay County, Missouri, being more particularly described as follows: Commencing at the northeast corner of the West Half of the Southeast Quarter, of Section 6, Township 50 North, Range 32 West, in Kansas City, Clay County, Missouri; thence North 89E12'42" West along the north line of the West Half of the Southeast Quarter of Section 6, Township 50 North, Range 32 West, a distance of 366.61 feet (measured) 367.37 feet (deeded) to a point on the westerly right-of-way line of the abandoned Kansas City, Clay County and St. Joseph Railroad; thence southwesterly along said westerly right-of-way, a distance of 0.99 feet, to the point of beginning; thence South 63E02'22" East, a distance of 124.68 feet (measured) 125.00 feet (deeded); thence South 31E2501 West, a distance of 247.73 feet (measured) 250.00 feet (deeded); thence North 61E1455 West, a distance of 31.76 feet (measured) 31.87 feet (deeded), to a point on the easterly right-of-way line of the abandoned Kansas City, Clay County and St. Joseph Railroad; thence along said

easterly right-of-way along a curve to the right having a radius 1860.08 feet an arc distance of 228.06 feet (measured) 227.65 feet (deeded) to a point on the north right-of-way line of N.E. 43rd Terrace (formerly Spring Road); thence along said north right-of-way line North 89E11'59" West, a distance of 15.59 feet, to a point of tangency; thence continuing along said north right-of-way line along a curve to the left having a radius of 425.50 feet an arc distance of 96.56 feet, to a point on the westerly right-of-way line of the abandoned Kansas City, Clay County and St. Joseph Railroad; thence along said westerly right-of-way along a curve to the right having a radius 1960.08 an arc distance of 534.71 feet (measured) 535.29 feet (deeded), to the point of beginning. Containing 1.325 acres (57726 square feet) of land, more or less, subject to all easements, restrictions or covenants, recorded or unrecorded, if any.

is approved and designated as Chouteau I-35 redevelopment Project Area 4 (hereinafter referred to herein as the "Redevelopment Project Area"). The area selected for said Redevelopment Project includes only those parcels of real property and improvements thereon which will be directly and substantially benefitted by the Redevelopment Project improvements therein.

Section 3. Tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for the Redevelopment Project Area. After the total equalized assessed valuation of the taxable real property in the Redevelopment Project Area exceeds the certified total initial equalized assessed valuation of the taxable real property in the Redevelopment Project Area, the ad valorem taxes, and payment in lieu of taxes, if any, arising from the levies upon the taxable real property in such project by taxing districts and tax rates determined in the manner provided in subsection 2 of Section 99.855 each year after the effective date of the ordinance until redevelopment costs have been paid shall be divided as follows:

1. That portion of taxes penalties and interest levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the initial equalized assessed value of each such taxable lot, block, tract or parcel or real property in the area selected for the Redevelopment Project Area shall be allocated to and, when collected, shall be paid by the Clay County Collector and the City Treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing;

2. Payments in lieu of taxes attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the area selected for the Redevelopment Project Area, and any applicable penalty and interest over and above the initial equalized assessed value of each such unit of property shall be allocated to and, when collected, shall be paid to the City Treasurer who shall deposit such payment in lieu of taxes into a special fund called the "Special Allocation Fund" of the City for the purpose of paying Redevelopment Project Costs and obligations incurred in the payment thereof. Any payments in lieu of taxes which are not paid within 60 days of the due date will be deemed delinquent and assessed a penalty of 1% per month.

Section 4. In addition to the payments in lieu of taxes described in subsection 2 of Section 3 above, 50% of the total additional revenue from taxes penalties and interest which are imposed by the City or taxing districts, and which are generated by economic activities within the area selected for the Redevelopment Project Area over the amount of such taxes generated by economic activities within such area in the calendar year prior to the adoption of this ordinance, while tax increment financing remains in effect, but excluding personal property taxes, taxes imposed on sales of charges for sleeping rooms paid by transient guests of hotels and motels, taxes levied pursuant to Section 70.500 RSMo, taxes levied pursuant to Section 94.660 RSMo licenses, fees or special assessments and personal property taxes, other than payments in lieu of taxes and penalties and interest thereon shall be allocated to, and paid by the local political subdivision collecting officer to the City Treasurer or other designated financial officer of the City, who shall deposit such funds in a separate segregated account within the Special Allocation Fund.

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Approved as to form and legality:

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Assistant City Attorney