ORDINANCE
NO. 200217
Approving the Seventeenth Amendment to the Shoal Creek
Parkway Tax Increment Financing Plan and directing the City Clerk to send a
copy of this ordinance to Clay County.
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
(the “Council”) by Ordinance No. 54556 passed on November 24, 1982, and
thereafter repealed and amended in certain respects by Committee Substitute for
Ordinance No. 911076, as amended, passed on August 29, 1991, Ordinance No.
100089, 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 (the “Authorizing Ordinances”) created the Tax Increment
Financing Commission of Kansas City, Missouri (the "Commission"); and
WHEREAS, on November 10, 1994, the Council passed Ordinance
No. 941443, which accepted the recommendations of the Commission as to the
approval of Shoal Creek Parkway Tax Increment Financing Plan (the
“Redevelopment Plan” or “Plan”) and the designation of the Redevelopment Area
described thereby as an economic development area, and authorized the
Commission to take all such action as may be needed to effectuate the
Redevelopment Plan; and
WHEREAS, the Plan has been amended 16 times; and
WHEREAS, the Seventeenth Amendment
provides for certain modifications to the redevelopment schedule for the
completion of the public improvements contemplated by the Plan; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. The Seventeenth Amendment, a copy of which is
attached hereto, is hereby approved.
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 finds that:
(a) Good cause has
been shown for amendment of the Redevelopment Plan, and that the findings of
the City Council in Ordinance Nos. 941443, 971310, 021283, 030545, 040457,
041218, 060903, 061320, 080419, 081118, 090262, 110073, 130532, 160592, 170327,
180583, and 190216 with respect to the Redevelopment Plan are not affected by
the Seventeenth Amendment and apply equally to the Seventeenth Amendment;
(b) The Redevelopment
Area, as amended, is an economic development area, as a whole, 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 Seventeenth Amendment, and the
utilization of tax increment financing;
(c) The areas selected
as Redevelopment Projects include only those parcels of real property and
improvements which will be directly and substantially benefited by the public
improvements described by the Redevelopment Plan, as amended by the Seventeenth
Amendment;
(d) The Redevelopment
Plan, as amended by the Seventeenth Amendment, and each Redevelopment Project,
conform to the comprehensive plan for the development of the City as a
whole;
(e) The estimated
dates of completion of the respective Redevelopment Projects and retirement of
any obligations incurred to finance Redevelopment Project Costs have been
stated in the Redevelopment Plan, as amended by the Seventeenth Amendment, and
are not more than 23 years from the passage of any ordinance approving a
Redevelopment Project authorized by the Plan, as amended;
(f) A plan has been
developed for relocation assistance for businesses and residences;
(g) The Seventeenth
Amendment does not alter the cost-benefit analysis previously incorporated
within the Redevelopment Plan.
(h) The Seventeenth
Amendment does not include the initial development or redevelopment of any
gambling establishment; and
(i) A study has been
completed and the findings of such study satisfy the requirements set out in
subdivision (1) of Section 99.810, RSMo.
____________________________________________________
Approved as to form and
legality:
__________________________________
Katherine Chandler
Assistant City Attorney