ORDINANCE
NO. 180053
Accepting the recommendations of the Tax Increment
Financing Commission as to the Tenth Amendment to the North Oak Tax Increment
Financing Plan; approving the Tenth Amendment to the North Oak Tax Increment
Financing Plan; estimating and appropriating the sum of $1,355,000.00 for the
purpose of funding improvements to the Gorman Park Pool; and designating
requisitioning authority.
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”), and Ordinance No. 545556 adopted on
November 24, 1982, as amended by Committee Substitute for Ordinance No.
911076 adopted on August 29, 1991, by Ordinance No. 100089 adopted on
January 28, 2010, by Ordinance No. 130986 adopted on December 19, 2013 and
by Committee Substitute for Ordinance No. 140823 adopted on June 18, 2015
(collectively, the “Enabling Ordinances”) the City
Council of Kansas City, Missouri created the Tax Increment Financing Commission
of Kansas City, Missouri (the “Commission”); and
WHEREAS, on February 24, 2005, the City Council of Kansas
City, Missouri (the “Council”) passed Committee Substitute for Ordinance No.
050104, which accepted the recommendations of the Commission and approved the
North Oak Tax Increment Financing Plan (the “Redevelopment Plan”) and
designated the Redevelopment Area described therein to be a blighted area (the
“Redevelopment Area”); and
WHEREAS, on July 20, 2006, the Council passed Committee
Substitute for Ordinance No. 060534 approving the First Amendment to the North
Oak Tax Increment Financing Plan, which provides for (A) the expansion of the
Redevelopment Area by adding a 32 acre parcel for development into retail space
and (B) a change in designation of the Redevelopment Area from a blighted area
to a conservation area; and
WHEREAS, a second amendment to the Redevelopment Plan (the
“Second Amendment”) was presented to the Commission but was never approved;
and
WHEREAS, on October 11, 2007, the Council passed Committee
Substitute for Ordinance No. 070996 approving the Third Amendment to the
Redevelopment Plan, which provides for expansion of the Redevelopment Area by
including the east side of the 4200 block of North Oak Trafficway as
Redevelopment Project 2B, which is to be developed into retail uses; and
WHEREAS, on October 1, 2009, the Council passed Committee
Substitute for Ordinance No. 090832 approving the Fourth Amendment to the
Redevelopment Plan, which provides for (A) the creation of a benefit area for
the purposes of establishing a housing and infrastructure program and (B)
revisions to the budget to include funding for design streetscape improvements;
and
WHEREAS, on February 11, 2010, the Council passed Ordinance
No. 100083 approving the Fifth Amendment to the Redevelopment Plan, which
provides for certain modifications to the Budget of Redevelopment Project Costs
attached to the Redevelopment Plan; and
WHEREAS, on September 30, 2010, the Council passed Ordinance
No. 100705 approving the Sixth Amendment to the Redevelopment Plan, which
provides for certain modifications to the Budget of Redevelopment Project Costs
attached to the Redevelopment Plan; and
WHEREAS, on March 1, 2012, the Council passed Ordinance No.
120172 approving the Seventh Amendment to the Redevelopment Plan, which
provides for certain modifications to the Budget of Redevelopment Project Costs
attached to the Redevelopment Plan; and
WHEREAS, on September 8, 2016, the Council passed Ordinance
No. 160670 approving the Eighth Amendment to the Redevelopment Plan, which
provides for certain modifications to the public improvements, Budget of
Redevelopment Project Costs and creates the Neighborhood Infrastructure and
Site Program; and
WHEREAS, on October 5, 2017, the Council passed Ordinance
No. 170739 approving the Ninth Amendment to the Redevelopment Plan, which
provides for the addition of guidelines for the North Oak Façade and Site
Program; and
WHEREAS, a Tenth Amendment to the Redevelopment Plan
(“Tenth Amendment”) was proposed to the Commission and the Commission, having
been duly constituted and its members appointed, after proper notice was given,
met in public hearing on January 10, 2018, and after receiving the comments of
all interested persons and taxing districts, closed the public hearing,
approved the Tenth Amendment to the Redevelopment Plan and recommended that the
City Council do the same; and
WHEREAS, the Tenth Amendment to the Redevelopment Plan
provides for (A) modifications to the description of the public
improvements to be implemented pursuant to the Redevelopment Plan;
(B) modifications to the Budget of Redevelopment Project Costs; (C)
modifications to the Specific Objectives of the Redevelopment Plan to provide for
the acquisition, rehabilitation and construction and equipping of a
recreational facility and the construction of a sidewalk project and related
public improvements; (D) modifications to the sources of funds to implement the
public improvements contemplated by the Redevelopment Plan; and (E) the inclusion of all conforming changes within the
Redevelopment Plan and Exhibits to the Redevelopment Plan that are in
furtherance of the foregoing modifications; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the recommendations of the Commission
concerning the Tenth Amendment as set forth in Resolution 1-04-18, are hereby
accepted and the Tenth Amendment is hereby approved and adopted as valid.
Section 2. That all terms used in this ordinance, not
otherwise defined herein, 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 Council hereby finds that:
(a) The findings of
the Council in Committee Substitute for Ordinance Nos. 050104, 060534, 070996,
and 090832, Ordinance No. 100083, Ordinance No. 100705, Ordinance No. 120172,
Ordinance No. 160670 and Ordinance No. 170739 with respect to the Redevelopment
Plan are not affected by the Tenth Amendment and apply equally to the Tenth
Amendment;
(b) The Redevelopment
Area, as amended, is a conservation 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, by the Tenth Amendment;
(c) The Redevelopment
Plan, as amended by the Tenth Amendment, includes a detailed description of the
factors that qualify the Redevelopment Area as a conservation area and an
affidavit as required by Section 99.810.1(1), RSMo;
(d) The Redevelopment
Plan, as amended by the Tenth Amendment, conforms to the comprehensive plan for
the development of the City as a whole;
(e) The areas selected
for Redevelopment Projects described by the Redevelopment Plan, as amended by
the Tenth Amendment, include only those parcels of real property and
improvements therein which will be directly and substantially benefited by the
Redevelopment Project improvements;
(f) 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 by the Tenth Amendment, and are not more
than 23 years from the passage of any ordinance approving each applicable
Redevelopment Project authorized by the Redevelopment Plan and located within
the Redevelopment Area, as amended;
(g) A plan has been
developed for relocation assistance for businesses and residences;
(h) The Tenth
Amendment does not alter the cost benefit analysis attached to the
Redevelopment Plan showing the impact of the Redevelopment Plan, as amended, on
each taxing district which is at least partially within the boundaries of the
Redevelopment Area has been prepared in accordance with the Act;
(i) The
Tenth Amendment does not include the initial development or redevelopment of
any gambling establishment; and
(j) A study has been
completed and the findings of such study satisfy the requirements provided
under Section 99.810.1, RSMo.
Section 4. That the Commission is authorized to issue
obligations in one or more series of bonds secured by the Special Allocation
Fund(s) established in connection with each Redevelopment Project described by
the Redevelopment Plan to finance Redevelopment Project Costs 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
undertake 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 in the Enabling Ordinances. Any obligations issued to finance
Redevelopment Project Costs shall contain a recital that they are issued
pursuant to Sections 99.800 through 99.865, RSMo, 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 Council approves the pledge of all payments
in lieu of taxes and economic activity taxes generated within Redevelopment
Projects that are deposited into the Special Allocation Fund(s) established in
connection with each Redevelopment Project described by the Redevelopment Plan
to the payment of Redevelopment Project Costs, and authorizes the Commission to
pledge such funds on its behalf.
Section 6. That the revenue in the following account in the
Capital Improvements Fund is hereby estimated in the following amount:
18-3090-700001-485380-70175501 Reimbursement
from TIF
Commission $1,355,000.00
Section 7. That the sum of $1,355,000.00 is hereby
appropriated from the Un-appropriated Fund Balance of the Capital Improvements
Fund to the following account in the Capital Improvements Fund:
18-3090-708091-611060-70175501
Vivian Road Aquatics $1,355,000.00
Section 8. That the Director of Parks and Recreation is
hereby designated as requisitioning authority for Account No. 18-3090-708091.
_________________________________________________
I hereby certify that there is a balance, otherwise
unencumbered, to the credit of the appropriation to which the foregoing
expenditure is to be charged, and a cash balance, otherwise unencumbered, in
the treasury, to the credit of the fund from which payment is to be made, each
sufficient to meet the obligation hereby incurred.
___________________________________
Randall J. Landes
Director of Finance
Approved as to form and
legality:
__________________________________
Brian T. Rabineau
Assistant City Attorney