ORDINANCE NO. 120086

Approving and designating Redevelopment Project 2 of the Antioch Crossing Tax Increment Financing Plan as a Redevelopment Project; and adopting tax increment financing therefore.

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“Act”), the City Council of Kansas City, Missouri by Ordinance No. 54556 passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, passed on August 29, 1991, and Ordinance No. 100089, passed on January 28, 2010, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, on _______________, 2012, the City Council passed Ordinance No. ______, which accepted the recommendations of the Commission as to the Antioch Crossing Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area as a blighted area; and

WHEREAS, the Redevelopment Plan and Ordinance No. ______ contemplate 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 Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended.

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

All that part of Lot 2, 3, 4, 5, 6, Block 1 and all of Lot 3A, Block 1, Resurvey of Blocks 1 and 3, Antioch, a subdivision of land in Kansas City, Clay County, Missouri being bounded and described as follows: Beginning at the intersection of the East right-of-way line of Antioch Road, as now established and the South line of said Lot 2; thence North 01 degrees 01 minutes 31 seconds East, along said East right-of-way line, 162.41 feet; thence Northerly, continuing along said East right-of-way line, on a curve to the left, being tangent to the last described course with a radius of 34,422.47 feet, a central angle of 00 degrees 25 minutes 00 seconds and an arc distance of 250.33 feet; thence North 00 degrees 36 minutes 31 seconds East, continuing along said East right-of-way line, 26.37 feet; thence South 66 degrees 47 minutes 15 seconds East, 1,097.60 feet to a point on the West right-of-way line of Chouteau Trafficway, as now established; thence Southerly, along said West right-of-way line, on a curve to the right, having an initial tangent bearing of South 05 degrees 29 minutes 34 seconds West with a radius of 661.16 feet, a central angle of 09 degrees 46 minutes 49 seconds and an arc distance of 112.86 feet; thence South 15 degrees 16 minutes 22 seconds West, continuing along said West right-of-way line, 350.83 feet; thence Southerly, continuing along said West right-of-way line, on a curve to the left, being tangent to the last described course with a radius of 1,526.80 feet, a central angle of 01 degrees 10 minutes 52 seconds and an arc distance of 31.48 feet; thence North 50 degrees 26 minutes 16 seconds West, 254.45 feet; thence North 79 degrees 32 minutes 53 seconds West, 177.20 feet; thence North 66 degrees 46 minutes 42 seconds West, 571.64 feet to a point on said East right-of-way line; thence North 01 degrees 01 minutes 31 seconds East, continuing along said East right-of-way line, 53.72 feet to the Point of Beginning. Containing 471,947 square feet or 10.83 acres, more or less.

is approved and designated by the Antioch Crossing Tax Increment Financing Plan as Redevelopment Project 2 (“Project 2”).

Section 3. That tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for Project 2. After the total equalized assessed valuation of the taxable real property in Project 2 exceeds the certified total initial equalized assessed valuation of the taxable real property in Project 2, 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 subsection 2 of Section 99.855 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 2 shall be allocated to and, when collected, shall be paid by the Clay 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 2 over and above the initial equalized assessed value of each such unit of property in the area selected for Project 2 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 2 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 2 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 taxes imposed on sales of charges for sleeping rooms paid by transient guests of hotels and motels, licenses, fees or special assessments and personal property taxes, 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 Project 2 Costs within the Redevelopment Area, in a separate segregated account within the Special Allocation Fund for the purpose of paying Redevelopment Project Costs.

_____________________________________________

Approved as to form and legality:

   ______________________________

Cecilia Abbott

Assistant City Attorney