KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 140185 Introduction Date: 3/6/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Eleventh Amendment to the Southtown Corridor/31st _ Baltimore Tax Increment Financing Plan; approving the Eleventh Amendment to the Southtown Corridor/31st _ Baltimore Tax Increment Financing Plan; setting forth findings relating to the Plan; authorizing the Commission to issue obligations to finance Redevelopment Project Costs; approving the pledge of all funds generated from Redevelopment Projects and deposited into the Southtown Corridor/31st _ Baltimore account; providing for payment to taxing districts of surplus funds; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
3/5/2014 Filed by the Clerk's office
3/6/2014 Referred to Planning, Zoning & Economic Development Committee
3/19/2014 Hold On Agenda (3/26/2014)
3/26/2014 Hold On Agenda (4/9/2014)
4/9/2014 Do Pass
4/10/2014 Assigned to Third Read Calendar
4/17/2014 Councilmember Ford (Second by Reed) Move to Amend
4/17/2014 Passed as Amended

View Attachments
FileTypeSizeDescription
140185.pdf Authenticated 347K Authenticated
140185 Fact Sheet.pdf Fact Sheet 245K Fact Sheet
11th Amendment Southtown TIF Plan Resolution.pdf Plan 735K Southtown TIF - 11th Amendment
Request for Ordinance 11th Amendment Southtown TIF Plan (00166429xA7821).docx Request for Ordinance 21K Southtown TIF - 11th Amendment

Printer Friendly Version

ORDINANCE NO. 140185

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Eleventh Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; approving the Eleventh Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; setting forth findings relating to the Plan; authorizing the Commission to issue obligations to finance Redevelopment Project Costs; approving the pledge of all funds generated from Redevelopment Projects and deposited into the Southtown Corridor/31st & Baltimore account; providing for payment to taxing districts of surplus funds; and directing the City Clerk to transmit copies of this ordinance.

   

WHEREAS, the City Council, by Ordinance No. 54556 passed on November 24, 1982, which was 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, on May 19, 1994, the City Council passed Ordinance No. 940564, wherein the City Council approved the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan (“Redevelopment Plan”), designated the area described therein as a Redevelopment Area, and adopted tax increment financing therein; and  

 

WHEREAS, on March 27, 2003, the City Council passed Committee Substitute for Ordinance No. 030259 approving the First Amendment to the Redevelopment Plan; and  

 

WHEREAS, on May 4, 2006, the City Council passed Ordinance No. 060470, approving the Second Amendment to the Redevelopment Plan; and  

 

WHEREAS, on February 8, 2007, the City Council passed Committee Substitute for Ordinance No. 070140, approving the Third Amendment to the Redevelopment Plan; and  

 

WHEREAS, on July 12, 2007, the City Council passed Committee Substitute for Ordinance No. 070659, approving the Fourth Amendment to the Redevelopment Plan; and  

 

WHEREAS, on August 7, 2008, the City Council passed Committee Substitute for Ordinance No. 080642, approving the Fifth Amendment to the Redevelopment Plan; and  

 

WHEREAS, on September 25, 2008, the City Council passed Ordinance No. 080930, approving the Seventh Amendment to the Redevelopment Plan; and  

 

WHEREAS, on April 1, 2010, the City Council passed Committee Substitute for Ordinance No. 100204, approving the Eighth Amendment to the Redevelopment Plan; and  

 

WHEREAS, on March 31, 2011, the City Council passed Committee Substitute for Ordinance No. 110227, approving the Ninth Amendment to the Redevelopment Plan; and  

 

WHEREAS, said Commission has been duly constituted and its members appointed, and, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested persons and taxing districts, closed said public hearing on February 12, 2014, and adopted Resolution No. 2-8-14, recommending to the City Council the approval of the Eleventh Amendment to the Redevelopment Plan (the "Eleventh Amendment"); and  

 

WHEREAS, the Eleventh Amendment provides for certain revisions pertaining to the budget for Redevelopment Project Costs related to Project Areas D and I; NOW, THEREFORE,  

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:  

 

Section 1. The recommendation of the Commission concerning the Eleventh Amendment to the Redevelopment Plan as set forth in the resolution attached hereto as Exhibit "A" is hereby accepted and the Eleventh Amendment to the Redevelopment Plan, a copy of which is attached hereto as Exhibit "B", is hereby approved and adopted as valid and the Redevelopment Projects contained therein are hereby authorized.  

 

Section 2. All terms used in this ordinance shall be construed as defined in Section 99.800 to 99.865 of the Revised Statutes of Missouri, as amended.  

 

Section 3. The City Council hereby 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. 940564, 030259 (Committee Substitute), 060470, 070140 (Committee Substitute), 070659 (Committee Substitute), 080642 (Committee Substitute), 080930, 100204 (Committee Substitute), and 110227 with respect to the Redevelopment Plan are not affected by the Eleventh Amendment and apply equally to the Eleventh Amendment; 

 

(b) The Redevelopment Area as a whole is a conservation area, 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; 

 

(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 estate and improvements thereon 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 any 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; 

 

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

 

(g) A cost benefit analysis showing the impact of the Eleventh Amendment on each and every district which is at least partially within the boundary of the Redevelopment Area, has been prepared in accordance with the Act;

 

(h) The Redevelopment Plan, as amended, 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 99.810.1, RSMo.

 

Section 4. The Commission is authorized to issue obligations in one or more series of bonds secured by the Southtown Corridor/31st & Baltimore Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area, 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 take 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 Ordinance No. 54556, as amended by Committee Substitute for Ordinance No. 911076, as amended, Ordinance No. 100089, as amended, and Ordinance No. 130986. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, RSMo., which recital shall be conclusive evidence of their validity and of the regularity of their issuance.  

 

Section 5. Pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Southtown Corridor/31st & Baltimore Account of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Redevelopment Area and authorizes the Commission to pledge such funds on its behalf.  

 

Section 6. When such Redevelopment Project Costs, including obligations financing Redevelopment Project Costs incurred under Sections 99.800 to 99.865, RSMo., have been paid, all surplus funds then remaining in the special allocation fund shall be paid by the municipal treasurer to the county collector, who shall immediately thereafter pay such funds to the taxing districts in the area selected for a redevelopment project in the same manner and proportion as the most recent distribution by the collector to the affected districts of real property taxes from real property in the area selected for a redevelopment project.

 

Section 7. 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