COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 140600

Approving and designating Redevelopment Project Area 4 of the Bannister & I-435 Tax Increment Financing Plan as amended by the First Amendment to the Bannister & I-435 Tax Increment Financing Plan as a Redevelopment Project; adopting tax increment financing therefor; 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 “TIF 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 and Ordinance No. 130986, passed on December 19, 2013, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, the City Council approved the Bannister & I-435 Tax Increment Financing Plan by Committee Substitute for Ordinance No. 130737, passed on October 10, 2013; and

WHEREAS, the City Council subsequently approved the First Amendment to the Bannister & I-435 Tax Increment Financing Plan (the Bannister & I-435 Tax Increment Financing Plan as amended by the First Amendment to the Bannister & I-435 Tax Increment Financing Plan is referred to herein as the “Redevelopment Plan”) and designated the Redevelopment Area as a blighted area; and

WHEREAS, the Redevelopment Plan contemplates the implementation of the Redevelopment Plan through a number of 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. That all terms used in this ordinance shall be construed as defined in the TIF Act.

Section 2. That the area selected for Redevelopment Project Area 4 is legally described as follows:

A portion of Lot 4 of Cerner Trails Campus First Plat, situated in the Northwest quarter of Section 25, Township 48, Range 33, in the City of Kansas City, Jackson County, State of Missouri, described as follows:

Beginning at the Southeast corner of said Lot 4; thence, along the Easterly line of said Lot 4 and its Northerly prolongation, North 00 degrees 00 minutes 00 seconds East, 851.32 feet; thence, North 34 degrees 56 minutes 23 seconds East, 285.25 feet to a point on the Northerly line of said Lot 4; thence, along the Northerly, Westerly and Southerly lines of said Lot 4, the following eighteen (18) courses:

1.                  North 57 degrees 53 minutes 18 seconds West, 69.01 feet;

2.                  North 35 degrees 00 minutes 00 seconds East, 45.95 feet;

3.                  North 55 degrees 00 minutes 00 seconds West, 98.68 feet;

4.                  North 67 degrees 08 minutes 50 seconds West, 53.56 feet;

5.                  South 45 degrees 38 minutes 14 seconds West, 43.45 feet;

6.                  North 57 degrees 53 minutes 18 seconds West, 10.00 feet to the beginning of a non-tangent curve, concave Southwesterly, whose center bears South 22 degrees 57 minutes 44 seconds West, 145.00 feet;

7.                  Northwesterly along the arc of last said curve, having a radius of 145.00 feet, through a central angle of 09 degrees 52 minutes 12 seconds, an arc distance of 24.98 feet to the beginning of a tangent compound curve, concave Southerly;

8.                  Westerly along the arc of last said curve, having a radius of 62.00 feet, through a central angle of 37 degrees 53 minutes 20 seconds, an arc distance of 41.00 feet;

9.                  South 65 degrees 12 minutes 12 seconds West, 50.22 feet to the beginning of a tangent curve, concave Southeasterly;

10.              Southwesterly along the arc of last said curve, having a radius of 177.00 feet, through a central angle of 32 degrees 03 minutes 31 seconds, an arc distance of 99.04 feet to the beginning of a tangent reverse curve, concave Northwesterly;

11.              Southwesterly along the arc of last said curve, having a radius of 1,822.00 feet, through a central angle of 20 degrees 22 minutes 36 seconds, an arc distance of 647.98 feet to the beginning of a tangent reverse curve, concave Southeasterly;

12.              Southwesterly along the arc of last said curve, having a radius of 789.00 feet, through a central angle of 16 degree 29 minutes 46 seconds, an arc distance of 227.16 feet;

13.              South 37 degrees 01 minutes 31 seconds West, 159.10 feet to the beginning of a tangent curve, concave Southeasterly;

14.              Southwesterly along the arc of last said curve, having a radius of 675.00 feet, through a central angle of 19 degrees 49 minutes 19 seconds, an arc distance of 233.52 feet to the beginning of a tangent compound curve, concave Northeasterly;

15.              Southerly along the arc of last said curve, having a radius of 29.00 feet, through a central angle of 91 degrees 05 minutes 59 seconds, an arc distance of 46.11 feet;

16.              South 73 degrees 53 minutes 47 seconds East, 323.31 feet to the beginning of a tangent curve, concave Northerly;

17.              Easterly along the arc of last said curve, having a radius of 160.00 feet, through a central angle of 12 degrees 57 minutes 30 seconds, an arc distance of 36.19 feet;

18.              South 86 degrees 51 minutes 17 seconds East, 661.77 feet to the point of beginning (“Project Area 4”).

As shown on the Minor Subdivision Lot Line Adjustment Plat recorded October 24, 2019 in Book 15, Page 87, Document No. 2019E0086551.

Section 3. That tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for Project Area 4. Pursuant to the TIF Act, as it may be amended from time to time and incorporated herein, after the total equalized assessed valuation of the taxable real property in Project Area 4 exceeds the certified total initial equalized assessed valuation of the taxable real property in Project Area 4, 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 the TIF Act each year after the effective date of the ordinance until redevelopment project costs have been paid shall be divided as follows:

1. That portion of taxes 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 of real property in the area selected for the Project Area 4 shall be allocated to and, when collected, shall be paid by the Jackson 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 Project Area 4 over and above the initial equalized assessed value of each such unit of property in the area selected for Project Area 4 shall be allocated to and, when collected, shall be paid to the City Treasurer who shall deposit such payments in lieu of taxes, which are necessary to the payment of Project Area 4 Costs within the Redevelopment Area, 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 sixty (60) days of the due date shall be deemed delinquent and shall be assessed a penalty of one percent (1%) per month.

Section 4. That in addition to the payments in lieu of taxes described in subsection 2 of Section 3 above, fifty percent (50%) of the total additional revenue from taxes which are imposed by the City or taxing districts, and which are generated by economic activities within the area selected for Project Area 4 over the amount of such taxes generated by economic activities within such area in the calendar year prior to the passage of this ordinance, while tax increment financing remains in effect, but excluding certain taxes, fees and special assessments specifically identified by the Act, other than payments in lieu of taxes, shall be allocated to, and paid by the collecting officer to the City Treasurer or other designated financial officer of the City, who shall deposit such funds, which are necessary to the payment of Redevelopment Project Costs identified by the Redevelopment Plan, in a separate segregated account within the Special Allocation Fund for the purpose of paying Redevelopment Project Costs.

Section 5. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Executive of Jackson County, Missouri.

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Approved as to form and legality:

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Katherine Chandler

Assistant City Attorney