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Legislation #: 180928 Introduction Date: 11/29/2018
Type: Ordinance Effective Date: 2/15/2019
Sponsor: None
Title: Calling an election on June 18, 2019, for the purpose of submitting to the voters of Kansas City a question presented by a committee of petitioners through an initiative petition to cap the amount of ad valorem real property taxes that may be utilized in furtherance of certain economic development projects; enacting the proposed cap contingent upon voter approval; directing the City Clerk to notify the responsible election authorities on or before April 9, 2019; and recognizing this ordinance as having an accelerated effective date because it calls an election.

Legislation History
DateMinutesDescription
11/29/2018 Filed by the Clerk's office
11/29/2018 Referred to Finance and Governance Committee
12/19/2018 Hold On Agenda (1/16/2019)
1/16/2019 Do Pass
1/17/2019 Assigned to Third Read Calendar
1/24/2019 Councilmember Lucas (Second by Hall) Move To Hold On Docket
1/24/2019 Held on Docket (1/31/2019)
2/7/2019 Held on Docket (2/14/2019)
2/14/2019 Councilmember Wagner (Second by Lucas) Move to Amend
2/14/2019 Councilmember Wagner (Second by Lucas) Move to Advance
2/14/2019 Passed as Amended

View Attachments
FileTypeSizeDescription
180928 As Amended.pdf Authenticated 306K Ordainance
180928 1.8.19.docx Other 189K Letter
Speaker Cards.pdf Other 83K Speaker Cards

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ORDINANCE NO. 180928, AS AMENDED

 

Calling an election on June 18, 2019, for the purpose of submitting to the voters of Kansas City a question presented by a committee of petitioners through an initiative petition to cap the amount of ad valorem real property taxes that may be utilized in furtherance of certain economic development projects; enacting the proposed cap contingent upon voter approval; directing the City Clerk to notify the responsible election authorities on or before April 9, 2019; and recognizing this ordinance as having an accelerated effective date because it calls an election.

WHEREAS, a committee of petitioners submitted an initiative petition seeking to cap the amount of ad valorem real property taxes that may be utilized in furtherance of certain economic development projects; and

 

WHEREAS, the City Clerk has certified 2,321 valid signatures, thus exceeding the 1,708 required by the City Charter for a successful initiative petition during the period August 1, 2015 through July 31, 2019; and

 

WHEREAS, to qualify for the June 18, 2019, ballot, notice must be provided to the election authorities on or before April 9, 2019; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. ELECTION CALLED. That an election is called on June 18, 2019, for the purpose of submitting to the voters of Kansas City the question of enacting a cap on the amount of ad valorem real property taxes that may be utilized in furtherance of certain economic development projects.

 

Section 2. BALLOT TITLE. The ballot title shall be:

 

SPECIAL ELECTION, June 18, 2019

 

QUESTION NO. _____

(Initiative Petition)

(Economic Development Incentives-Ad Valorem Real Property Tax Cap)

 

Shall the City of Kansas City cap the amount of ad valorem real property taxes that may be utilized in furtherance of economic development projects through the Land Clearance for Redevelopment Authority of Kansas City, Missouri, the Planned Industrial Expansion Authority of Kansas City, Missouri, the Kansas City, Missouri Port Authority, the Tax Increment Financing Commission of Kansas City, Missouri and the City of Kansas City, Missouri, by prohibiting the abatement, exemption or redirection of more than fifty percent (50%) of the ad valorem real
property taxes that would have been due and payable but for the utilization of economic development incentives?

 

_____ YES _____ NO

 

Section 3. NOTICE TO ELECTION AUTHORITIES BY CITY CLERK. That following passage of this ordinance the City Clerk shall deliver certified copies of this ordinance and notice of election to the Clerk of Cass County, Board of Election Commissioners of Clay County, Board of Election Commissioners of Kansas City, and Board of Election Commissioners of Platte County, on or before April 9, 2019, which shall be the authority of each election authority of the City to submit the questions to the electors of Kansas City and to give public notice as provided by law.

 

Section 4. NOTICE OF ELECTION. The notice of election shall read as follows:

 

NOTICE OF ELECTION
KANSAS CITY, MISSOURI

 

Notice is hereby given that the City of Kansas City has called an election to be held on Tuesday, June 18, 2019, between the hours of 6:00 a.m. and 7:00 p.m., at which election all qualified voters residing within Kansas City, Missouri will be given the opportunity to vote.

 

The official ballot will be in substantially the following form:

 

OFFICIAL BALLOT

CITY OF KANSAS CITY

 

SPECIAL ELECTION, June 18, 2019

 

QUESTION NO. _____

(Initiative Petition)

(Economic Development Incentives-Ad Valorem Real Property Tax Cap)

 

Shall the City of Kansas City cap the amount of ad valorem real property taxes that may be utilized in furtherance of economic development projects through the Land Clearance for Redevelopment Authority of Kansas City, Missouri, the Planned Industrial Expansion Authority of Kansas City, Missouri, the Kansas City, Missouri Port Authority, the Tax Increment Financing Commission of Kansas City, Missouri and the City of Kansas City, Missouri, by prohibiting the abatement, exemption or redirection of more than fifty percent (50%) of the ad valorem real property taxes that would have been due and payable but for the utilization of economic development incentives?

 

_____ YES _____ NO

 

(Instructions to voters will be supplied by the election authorities.)

 

A full and complete copy of this ordinance (as it may be amended) submitting the above question to the electorate is on file in the office of the City Clerk of Kansas City, Missouri where the same is open for inspection and copying.

 

The polling places for the election will be [INSERT LIST OF POLLING PLACES IN LAST PUBLICATION ONLY]

 

_____________________________________________________________________

 

  I hereby certify that the foregoing is the legal notice to be published pursuant to Section 115.127, RSMo, as amended.

 

Given under my hand and the official seal of the City of Kansas City, Missouri, this _____ day of ______________, 2019.

 

 

(SEAL) ______________________________

MARILYN SANDERS

City Clerk of Kansas City, Missouri

 

Before me, a notary public, personally appeared Marilyn Sanders, to me known to be the City Clerk of Kansas City, Missouri, and the person who acknowledged to me that she executed the same for the purposes therein stated.

 

 

________________________________

Notary Public

 

My Commission Expires: ______________________________

 

Section 5. ENACTMENT OF POLICY.  That a new policy is enacted, contingent upon approval of the voters at an election to be held on June 18, 2019, to read as follows:

 

 Section A. LCRA. The City Council shall not grant its approval to any redevelopment plan, urban renewal plan, or substantial modification thereto, recommended by the Land Clearance for Redevelopment Authority of Kansas City, Missouri, unless such plan shall provide for not greater than a fifty percent (50%) abatement of ad valorem real property taxes for the duration of the public incentives, and which taxes shall be measured by the assessed valuation thereof, inclusive of any improvements, as assessed by the applicable county assessor. The inclusion of such a term shall be regarded as a substantial element of any plan so approved and shall be incorporated as a material term of any applicable contract.

 

Section B. PIEA. The City Council shall not grant its approval to any plan, or substantial modification thereto, recommended by the Planned Industrial Expansion Authority of Kansas City, Missouri, unless such plan shall provide for not greater than a fifty percent (50%) abatement of ad valorem real property taxes for the duration of the public incentives, and which taxes shall be measured by the assessed valuation thereof, inclusive of any improvements, as assessed by the applicable county assessor. The inclusion of such a term shall be regarded as a substantial element of any plan so approved and shall be incorporated as a material term of any applicable contract.

 

Section C. Port Authority. The Kansas City, Missouri Port Authority shall not grant its approval to any plan providing for the construction or operation of any facility on real property owned by it unless such plan shall provide for a payment-in-lieu-of-taxes at a level not less than fifty percent (50%) of the amount of ad valorem real property taxes that would have been due and payable but for the public ownership of the real property, such payments to be distributed pro rata to the affected taxing jurisdictions. Such requirement shall be incorporated as a material term of any applicable contract.

 

Section D. TIF Commission. The City Council shall not approve any redevelopment plan providing for, with respect to payments in lieu of taxes pursuant to Section 99.845.1(2)(a), RSMo, the redirection of such sums in an amount that would exceed fifty percent (50%) of the value of the ad valorem real property taxes that would have been due and payable but for the existence of tax increment financing. Such sums shall be regarded, for all purposes, as unavailable for the reimbursement of redevelopment project costs. The City Council shall exclude from any pledge of funds in and to be deposited in the special allocation fund an amount equal to fifty percent (50%) of the value of the ad valorem real property taxes that would have been due and payable but for the existence of tax increment financing and shall, to the extent permitted by law, annually surplus such sums for distribution by the applicable county collector in accordance with Section 99.850.1, RSMo.

 

Section E. Chapter 100; Sale-leasebacks. The City Council reaffirms its policies as established by Committee Substitute for Resolution No. 041033 and Committee Substitute for Resolution No. 130297 and shall require payments-in-lieu-of-taxes at a level not less than fifty percent (50%) of the amount of ad valorem real property taxes that would have been payable but for the public ownership of the real property, such payments to be distributed pro rata to the affected taxing jurisdictions. Such requirement shall be incorporated as a material term of any applicable contract.

 

Section F. Chapter 353. The City Council shall not grant its approval to any development plan or amendment thereto recommended by the Kansas City Chapter 353 Advisory Board, unless such plan shall provide for not greater than a fifty percent (50%) abatement of ad valorem real property taxes for the duration of the public incentives, and which taxes shall be measured by the assessed valuation thereof inclusive of any improvements, as assessed by the applicable county assessor. Such requirement shall be incorporated as a material term of any applicable contract.

 

Section G. That in the event any provision of Sections A, B or F of this policy is deemed unenforceable by reason that it conflicts with a provision of state law providing for a larger abatement for all or any portion of the term of the public incentives, or providing that the assessed valuation shall be determined by some other measure than is set forth therein, then the LCRA, PIEA or City, as applicable, shall, to the maximum extent permitted by law, contractually require payments-in-lieu-of taxes structured to achieve the objectives of this ordinance, such payments to be distributed pro rata to the affected taxing jurisdictions. Such requirement shall be included within the body of the redevelopment plan, urban renewal plan, plan, or development plan, as applicable, and shall be regarded as a substantial element of any plan so approved.

 

Section H. That the provisions of this policy shall become effective January 1, 2020. This policy shall apply prospectively only and shall not be construed in a manner as to impair any tax abatement, tax exemption, tax capture and redirection, or any transaction related thereto authorized by the City, any agency referenced herein, or any other public entity prior to the aforementioned effective date.

 

Section 6. ACCELERATED EFFECTIVE DATE RECOGNIZED. This ordinance, providing for the submission of a question to the people of Kansas City, Missouri, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3)(A) of the City Charter, and shall take effect in accordance with Section 503.

 

____________________________________________

 

Approved as to form:

 

 

_____________________________

Sarah Baxter

Assistant City Attorney