KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 170739 Introduction Date: 9/21/2017
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Ninth Amendment to the North Oak Tax Increment Financing Plan; and approving the Ninth Amendment to the North Oak Tax Increment Financing Plan.

Legislation History
DateMinutesDescription
9/20/2017 Filed by the Clerk's office
9/21/2017 Referred to Planning, Zoning & Economic Development Committee
9/27/2017 Do Pass
9/28/2017 Assigned to Third Read Calendar
10/5/2017 Passed

View Attachments
FileTypeSizeDescription
170739.pdf Authenticated 211K Authenticated
170739 TIF Plan.pdf TIF Plan 1029K TIF Plan
170739 Fact Sheet.pdf Fact Sheet 404K Fact Sheet
North Oak TIF Plan - 9th Amendment Ordinance.docx Request for Ordinance 26K North Oak TIF Plan - Ninth Amendment Ordinance

Printer Friendly Version

ORDINANCE NO. 170739

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Ninth Amendment to the North Oak Tax Increment Financing Plan; and approving the Ninth Amendment to the North Oak Tax Increment Financing Plan.

 

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”), and Ordinance No. 545556 adopted on November 24, 1982, as amended by Committee Substitute for Ordinance No. 911076 adopted on August 29, 1991, by Ordinance No. 100089 adopted on January 28, 2010, by Ordinance No. 130986 adopted on December 19, 2013 and by Committee Substitute for Ordinance No. 140823 adopted on June 18, 2015 (collectively, the “Enabling Ordinances”) the City Council of Kansas City, Missouri created the Tax Increment Financing Commission of Kansas City, Missouri (the “Commission”); and

 

WHEREAS, on February 24, 2005, the City Council of Kansas City, Missouri (the “Council”) passed Committee Substitute for Ordinance No. 050104, which accepted the recommendations of the Commission and approved the North Oak Tax Increment Financing Plan (the “Redevelopment Plan”) and designated the Redevelopment Area described therein to be a blighted area (the “Redevelopment Area”); and

 

WHEREAS, on July 20, 2006, the Council passed Committee Substitute for Ordinance No. 060534 approving the First Amendment to the Redevelopment Plan; and

 

WHEREAS, a Second Amendment to the Redevelopment Plan was presented to the Commission but was never approved; and 

 

WHEREAS, on October 11, 2007, the Council passed Committee Substitute for Ordinance No. 070996 approving the Third Amendment to the Redevelopment Plan; and 

 

WHEREAS, on October 1, 2009, the Council passed Committee Substitute for Ordinance No. 090832 approving the Fourth Amendment to the Redevelopment Plan; and 

 

WHEREAS, on February 11, 2010, the Council passed Ordinance No. 100083 approving the Fifth Amendment to the Redevelopment Plan; and 

 

WHEREAS, on September 30, 2010, the Council passed Ordinance No. 100705 approving the Sixth Amendment to the Redevelopment Plan; and 

 

WHEREAS, on March 1, 2012, the Council passed Ordinance No. 120172 approving the Seventh Amendment to the Redevelopment Plan; and

 

WHEREAS, on September 8, 2016, the Council passed Ordinance No. 160670 approving the Eighth Amendment to the Redevelopment Plan; and

 

WHEREAS, a Ninth Amendment to the Redevelopment Plan, after due and proper notice required by Sections 99.825 and 99.830 RSMo, was introduced to the Council (the “Ninth Amendment”); and 

 

WHEREAS, the Ninth Amendment provides for the addition of guidelines for the North Oak Façade and Site Program and the North Oak Housing Program and clarifies the description of the improvements to the former YMCA recreational facility, specifically providing for demolition of the building; NOW, THEREFORE, 

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Ninth Amendment, a copy of which is attached hereto as Exhibit A, is hereby approved and adopted as valid and the Redevelopment Projects contained therein are hereby authorized. 

 

Section 2. That all terms used in this ordinance, not otherwise defined herein, shall be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the “Act”).

 

Section 3. That the Council hereby finds that:

 

(a) The findings of the Council in Committee Substitute for Ordinance Nos. 050104, 060534, 070996, and 090832, Ordinance No. 100083, Ordinance No. 100705, Ordinance No. 120172 and Ordinance No. 160670 with respect to the Redevelopment Plan are not affected by the Ninth Amendment and apply equally to the Ninth Amendment;

 

(b) The Redevelopment Area, as amended, is a conservation area, as a whole, 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, by the Ninth Amendment;

 

(c) The Redevelopment Plan includes a detailed description of the factors that qualify the Redevelopment Area as a conservation area and an affidavit as required by Section 99.810.1(1), RSMo;

 

(d) The Redevelopment Plan, as amended, by the Ninth Amendment conforms to the comprehensive plan for the development of the City as a whole;

 


 

(e) The areas selected for Redevelopment Projects described by the Redevelopment Plan, as amended by the Ninth Amendment, include only those parcels of real property and improvements therein which will be directly and substantially benefited by the Redevelopment Project improvements;

 

(f) The estimated dates of completion of the respective Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan, as amended by the Ninth Amendment, and are not more than 23 years from the passage of any ordinance approving a Redevelopment Project authorized by the Redevelopment Plan and located within the Redevelopment Area, as amended;

 

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

 

(h) The Ninth Amendment does not alter the cost benefit analysis attached to the Plan showing the impact of the Redevelopment Plan, as amended, on each taxing district which is at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;

 

(i)   The Ninth Amendment does not include the initial development or redevelopment of any gambling establishment; and

 

(j) A study has been completed and the findings of such study satisfy the requirements provided under Section 99.810.1, RSMo.

 

Section 4. That the Commission is authorized to issue obligations in one or more series of bonds secured by the Special Allocation Fund(s) established in connection with each Redevelopment Project described by the Redevelopment Plan to finance Redevelopment Project Costs 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 undertake 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 the Enabling Ordinances. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 through 99.865, RSMo, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

 


 

Section 5. That pursuant to the provisions of the Redevelopment Plan, as amended, the Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Special Allocation Fund(s) established in connection with each Redevelopment Project described by the Redevelopment Plan to the payment of Redevelopment Project Costs, and authorizes the Commission to pledge such funds on its behalf.

  

____________________________________________________

 

Approved as to form and legality:

 

 

________________________________

Brian T. Rabineau

Assistant City Attorney