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Legislation #: 150849 Introduction Date: 10/8/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER SHIELDS AND COUNCILMEMBER JUSTUS
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Second Amendment to the W. 17th Street Tax Increment Financing Plan; approving the Second Amendment to the W. 17th Tax Increment Financing Plan; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
10/6/2015 Filed by the Clerk's office
10/8/2015 Referred to Planning, Zoning & Economic Development Committee
10/14/2015 Do Pass
10/15/2015 Assigned to Third Read Calendar
10/22/2015 Held on Docket (10/29/2015)
10/29/2015 Passed
2/25/2016 Councilmember James, Jr. (Second by Wagner) Move To Repeal
2/25/2016 Repealed

View Attachments
FileTypeSizeDescription
150849.pdf Authenticated 271K 150849 Authenticated
10.15.15 2015-10-14 1640 Baltimore But For and Cost Benefit.ppt Other 933K But For Analysis
10.15 1640 Baltimore Ave.pptx Other 2417K Presentation #2
10.15 1640 Baltimore CBA 2015-09-22.pdf Other 263K Presentation
150849 Fact Sheet.pdf Fact Sheet 119K Fact Sheet
W. 17th Street TIF Second Amendment - final.pdf Plan 8581K plan
W 17th St Second Amendment - Request for Ordinance (00181078xA7821).DOCX Request for Ordinance 22K Request for Ordinance

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ORDINANCE NO. 150849

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Second Amendment to the W. 17th Street Tax Increment Financing Plan; approving the Second Amendment to the W. 17th Tax Increment Financing Plan; 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 “Act”), 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, 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 August 7, 2008, the City Council passed Committee Substitute for Ordinance No. 080726, As Amended, which approved the recommendations of the Commission as to the W. 17th Street Tax Increment Financing Plan (the “Redevelopment Plan”) and designated the Redevelopment Area therein to be a blighted area; and

 

WHEREAS, the First Amendment to the Redevelopment Plan was approved by Committee Substitute for Ordinance No. 100535 on July 22, 2010; and

 

WHEREAS, the Second Amendment to the Redevelopment Plan was proposed to the Commission; and

 

WHEREAS, after all proper notice was given, the Commission met in public hearing regarding the Second Amendment on September 23, 2015, at which time, after receiving the comments of all interested persons and taxing districts, the Commission approved Resolution No. 9-16-15 ("Resolution") recommending to the City Council the approval of the Second Amendment; and

 

WHEREAS, the Second Amendment provides for (1) the inclusion of the Project Improvements contemplated by Redevelopment Project A (the “Project A Improvements”), (2) modifications to the Redevelopment Schedule and the estimated dates of completion of the Project A Improvements, (3) modifications to the Budget of Redevelopment Project Costs to include costs related to the Project A Improvements, (4) modifications to the projections of Payments in Lieu of Taxes and Economic Activity Taxes incorporated within the Plan to include projections related to Redevelopment Project A, (5) a supplement to the “But For” analysis incorporated within the Plan, (6) modifications to the Sources and Uses of Funds contemplated by the Plan, (7) the incorporation of Construction and Employment Information related to Redevelopment Project A and (8) a supplement to the Cost Benefit Analysis incorporated within the Plan; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the recommendations of the Commission concerning the Second Amendment as set forth in the Resolution are hereby accepted and the Second Amendment, a copy of which is attached hereto, is hereby approved and adopted as valid and the Redevelopment Project contained therein is hereby authorized.

 

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 hereby finds that:

 

(a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the Council in Ordinance No. 080726, with respect to the Redevelopment Plan are not affected by the Second Amendment and apply equally to the Second Amendment;

 

(b) The Redevelopment Area, as amended, is a blighted 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, and the Second Amendment;

 

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

 

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

 

(e) The estimated dates of completion of the respective Redevelopment Projects and retirement of 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 adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area, as amended;

 

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

 

(g) The cost benefit analysis showing the impact of the Second Amendment on each taxing district which is at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;

 

(h)   The Second Amendment does not include the initial development or redevelopment of any gambling establishment.

 

(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 4. That the Commission is authorized to issue obligations in one or more series of bonds secured by the W. 17th Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area, as amended, 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 stake all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan, as amended, pursuant to the power delegated to it. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 and 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

 

Section 5. That pursuant to the provisions of the Redevelopment Plan, as amended, the City Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the W. 17th Account of the Special Association Fund to the payment of Redevelopment Project Costs within the Redevelopment Area, as amended, and authorizes the Commission to pledge such funds on its behalf.

 

Section 6. 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