ORDINANCE
NO. 180807
Approving the Fourteenth Amendment to the 11th
Street Corridor Tax Increment Financing Plan; 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 “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thereafter repealed and amended in certain respects by Committee Substitute for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 December 10, 1992, the Council passed Ordinance
No. 921355, which accepted the recommendations of the Commission as to the
approval of the 11th Street Corridor Tax Increment Financing Plan (the
“Redevelopment Plan” or “Plan”) and the designation of the Redevelopment Area
described thereby as a Conservation Area, and authorized the Commission to take
all such action as may be needed to effectuate the Redevelopment Plan; and
WHEREAS, the City Council has amended the Redevelopment
Plan 13 times; and
WHEREAS, the proposed Fourteenth
Amendment to the Plan (“Fourteenth Amendment”) modifies the Sources and Uses in
the Plan relating to the Lyric Theater (YMCA) portion of Project C; and
WHEREAS, the modifications to the
proposed Fourteenth Amendment do not alter the
exterior boundaries of the Redevelopment Area or any Redevelopment Project Area
described by the Plan, affect the general land uses described by the Plan or
change the nature of the any Redevelopment Project described by the Plan; and
WHEREAS, all proper parties have
been duly notified of the proposed Fourteenth Amendment in accordance with
Section 99.825 and Section 99.830 of the Act; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That the Fourteenth
Amendment to the 11th Street Corridor Tax Increment Financing Plan is hereby
approved.
Section 2. All terms used in this ordinance, not otherwise
defined herein, shall have such meanings ascribed to them in the Act and in the
Redevelopment Plan.
Section 3. The City Council hereby finds that good cause
has been shown that the required statutory findings of the City Council
documented in Ordinance Nos. 921355, 940721,
951478, 960295, 981334, 991015, 031223, 041258, 050325, 120025, 140285,
150328 and 180748 are not affected by the Fourteenth Amendment and
following findings apply equally to the Fourteenth Amendment:
(a) The Redevelopment
Area, as amended, is Conservation 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 Fourteenth Amendment, and the utilization
of tax increment financing;
(b) 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 Fourteenth
Amendment;
(c) The Redevelopment
Plan, as amended by the Fourteenth Amendment, and each Redevelopment Project,
conform to the comprehensive plan for the development of the City as a
whole;
(d) 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 Fourteenth Amendment, and are not
more than 23 years from the passage of any ordinance approving a Redevelopment
Project authorized by the Plan, as amended;
(e) A plan has been
developed for relocation assistance for businesses and residences;
(f) The Fourteenth
Amendment does not alter the cost-benefit analysis previously incorporated
within the Redevelopment Plan.
(g) The Fourteenth
Amendment does not include the initial development or redevelopment of any
gambling establishment; and
(h) A study has been
completed and the findings of such study satisfy the requirements set out in
subdivision (1) of Section 99.810, RSMo.
Section 4. 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