KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 100089 Introduction Date: 1/28/2010
Type: Ordinance Effective Date: 2/7/2010
Sponsor: COUNCILMEMBER SHARP
Title: Amending Chapter 74, Code of Ordinances, by renaming it the “Kansas City Redevelopment Ordinance;” designating Sections 74-1 through 74-33 as the “Urban Redevelopment Ordinance;” designating Sections 74-34 through 74-45 as the “Land Clearance for Redevelopment Ordinance”; enacting a new article to be known as the “Tax Increment Financing Ordinance” which acknowledges and affirms the composition of the Tax Increment Financing Commission of Kansas City, Missouri; and repealing Sections 4, 7 and 8 of Ordinance No. 54556 and Sections 2, 3 and 4 of Committee Substitute for Ordinance 911076, As Amended.

Legislation History
DateMinutesDescription
1/29/2010 Filed by the Clerk's office
1/28/2010 Councilmember Sharp Move to Amend
1/28/2010 Passed as Amended

View Attachments
FileTypeSizeDescription
100089.pdf Authenticated 299K Authenticated
54556 TIF.pdf Exhibit 119K 54556 Creation of TIF

Printer Friendly Version

ORDINANCE NO. 100089

 

Amending Chapter 74, Code of Ordinances, by renaming it the “Kansas City Redevelopment Ordinance;” designating Sections 74-1 through 74-33 as the “Urban Redevelopment Ordinance;” designating Sections 74-34 through 74-45 as the “Land Clearance for Redevelopment Ordinance”; enacting a new article to be known as the “Tax Increment Financing Ordinance” which acknowledges and affirms the composition of the Tax Increment Financing Commission of Kansas City, Missouri; and repealing Sections 4, 7 and 8 of Ordinance No. 54556 and Sections 2, 3 and 4 of Committee Substitute for Ordinance 911076, As Amended.

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

WHEREAS, the Missouri General Assembly amended the Real Property Tax Increment Allocation Redevelopment Act (the "Act") effective December 23, 1997 (the "1997 Amendments"), to authorize certain counties to appoint two members to the Commission; and

WHEREAS, in Section 4 of the 1982 Ordinance the Council did specifically authorize and approve the exercise by the Commission of all the powers delegated under the Act; and

WHEREAS, in Section 7 of the 1982 Ordinance the Council did direct that the Commission meet regularly and adopt such rules and regulations for operation and to exercise the powers authorized by the Act and delegated to it by the Council; and

WHEREAS, following the effective date of the 1997 Amendments, pursuant to the delegation of powers in the 1982 Ordinance, the Commission promptly requested all counties, in whose boundaries a redevelopment plan or redevelopment area was located, to appoint two representatives to serve on the Commission for the purpose of holding public hearings in accordance with Section 99.825 of the Act; and

WHEREAS, since December 23, 1997, all counties in whose boundaries a redevelopment plan or redevelopment area is located have appointed two representatives to serve on the Commission for the purpose of convening public hearings, in accordance with Section 99.825 of the Act, to consider for recommendation to the Council approval of redevelopment plans and redevelopment projects and the designation of redevelopment areas located within the boundaries of such counties; and

WHEREAS, the City desires to confirm the activities of the Commission in establishing the composition of the Commission and enact an ordinance which specifically confirms the composition of the Commission; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 74, Code of Ordinances, is hereby amended by changing the title of said chapter to "The Kansas City Redevelopment Ordinance."

Section 2. That Chapter 74, Code of Ordinances, is hereby amended by adding Sections 74.35 through 74.45 as "reserved" and designating Sections 74-34 through 74.45 as Article II, "The Land Clearance for Redevelopment Ordinance."

Section 3. That Chapter 74, Code of Ordinances is hereby amended by enacting a new article, to be designated as Article III, "The Tax Increment Financing Ordinance" to read as follows:

ARTICLE III TAX INCREMENT FINANCING ORDINANCE Section 74-51. Title of article.

This article shall be known as the Tax Increment Financing Ordinance. Section 74.52 Affirmation of the composition of the Commission.

The Council hereby acknowledges that immediately subsequent to the Missouri General Assembly's 1997 Amendments to the Act, the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission") has been comprised of eleven (11) persons for the purpose of convening public hearings in accordance with the Act and such membership has been as follows:

(1)                  six members ("City Representatives") have been appointed by the Mayor, with the consent of the majority of the City Council;

(2)         school districts in whose boundaries the redevelopment plan or redevelopment area is located have been notified in accordance with the Act and invited to appoint two (2) representatives ("School District Representatives") to serve as members of the Commission;

(3)         the counties in whose boundaries the redevelopment plan or redevelopment area is located have been notified in accordance with the Act and invited to appoint two (2) representatives ("County Representatives") to serve as members of the Commission and such appointments shall be made by the county's chief elected official, with the consent of the majority of the governing body of such county;

(4)         all other districts levying ad valorem taxes within the area selected for a redevelopment project or the redevelopment area, excluding representatives of the City have been notified in accordance with the Act and invited to appoint, in any manner agreed upon by the affected districts, one (1) representative ("Taxing Districts Representative") to serve on the Commission.

Section 74-53. Confirmation of the activities of the Commission.

The Council hereby confirms the activities of the Commission in establishing the composition of the Commission following the 1997 Amendments and affirms that the School District Representatives, the County Representatives and the Taxing Districts Representative shall continue to serve on the Commission for the purpose of conducting public hearings to consider for recommendation to the Council approval of redevelopment plans and redevelopment projects, the designation of redevelopment areas within their specific jurisdictions, as well as all amendments thereto, and all other matters related to specific plans, projects, areas and amendments thereto, within their specific jurisdictions. The Council further confirms that, prior to the date of the passage of this ordinance, the terms of the School District Representatives, County Representatives and Taxing Districts Representative have coincided with the Commission's consideration of such redevelopment plans, redevelopment projects and redevelopment areas and terminated upon the City's final approval of a redevelopment plan, redevelopment project or designation of a redevelopment area. Such County Representatives, School District Representatives and Taxing Districts Representative will serve on the Commission to conduct public hearings to consider amendments to a redevelopment plan, redevelopment project or designation of redevelopment area within their specific jurisdictions.

Section 74-54. Establishment of the Commission.

That there be a Tax Increment Financing Commission of Kansas City Missouri, (the "Commission), on which the School District Representatives, the County Representatives and the Taxing Districts Representative shall be appointed and serve as provided for by the Property Tax Increment Allocation Redevelopment Act (the "Act") to consider for recommendation to the Council approval of redevelopment plans and redevelopment projects, the designation of redevelopment areas within their specific jurisdictions, as well as all amendments thereto, and all other matters related to specific plans, projects, areas and amendments thereto, within their specific jurisdictions. While the members of the Commission appointed by the Mayor may give the School Districts, the Counties and the other Taxing Districts the option of either designating their School District Representatives, the County Representatives and Taxing Districts Representative for a term of a period of time or designating the terms of their School District Representatives, County Representatives and Taxing Districts Representative to coincide with the Commission's consideration of specific redevelopment plans, redevelopment projects and redevelopment areas within their specific jurisdictions, which terms shall then terminate upon the City's final approval of the corresponding redevelopment plan, redevelopment project or designation of a redevelopment area; the Council recommends the members of the Commission appointed by the Mayor give such options to the appointing authority of the respective representatives. Such County Representatives, School District Representatives and Taxing Districts Representative will serve on the Commission to consider amendments to a redevelopment plan, redevelopment project or designation of redevelopment area within their specific jurisdictions.

Section 74.55. Affirmation of the role of the Commission.

The Council hereby affirms that the City Representatives shall serve on the Commission to consider for recommendation to the Council approval of redevelopment plans and redevelopment projects and the designation of redevelopment areas, as well as all amendments thereto, and to perform all other functions and powers of the City that are granted to a municipality under the Act.

Section 74-56. Failure to appoint Commission members.

If any School District, County or other Taxing District fails to appoint members of the Commission within thirty days of receipt of written notice of a proposed redevelopment plan, redevelopment project or designation of a redevelopment area, the remaining members may proceed to exercise the power of the Commission.

Section 74-57. Delegation of authority.

That the Council hereby authorizes and approves the exercise of all of the powers delegable under the Real Property Tax Increment Allocation Redevelopment Act and in particular the powers enumerated in Section 99.820.1, RSMo, which relate to specific plans, projects or amendments, (except final approval of plans, projects and designation of redevelopment areas, which is reserved to the Council) by the Commission comprised of the City Representatives and the County Representatives, School District Representatives, and Taxing Districts Representative within their specific jurisdictions. The Council hereby further authorizes and approves the exercise of all of the powers delegable under the Real Property Tax Increment Allocation Redevelopment Act and in particular the powers enumerated in Section 99.820.1, RSMo, which do not relate to specific plans and projects (except final approval of plans, projects and designation of redevelopment areas, which is reserved to the Council) by the Commission comprised as set forth below in Section 74-58 of this ordinance.

Section 74-58. Meetings; rules and regulations.

The Commission shall meet regularly and shall adopt such rules and regulations for operation as shall enable it to maintain an orderly procedure for its business and to effectively and efficiently exercise the powers authorized by the statute and delegated to it by the Council including but not limited to the adoption of bylaws which establish that matters before the Commission which do not relate to specific plans, projects or amendments thereto will be considered by the Commission with the following composition:

(1)               The six City Representatives;

(2)               Two representatives of the four counties in which the City is situated, selected in any manner agreed upon by the four counties;


(3)               Two representatives of the school districts in which the City is situated, selected in any manner agreed upon by the affected school districts;

(4)               One representative of the other taxing districts in which the City is situated, selected in any manner agreed upon by the affected taxing districts.

Section 74-59. Records; reports.

The Commission shall keep records and minutes of its meetings and shall report annually to the Council respecting its activities.

Section 74-60. Officers.

The Commission shall elect from its number a Chair, Vice Chair, Treasurer and Secretary, each to serve for one year terms or until their successors are elected.

Sections 74-61 through 74.70. Reserved.

Section 4. That Sections 4, 7 and 8 of Ordinance No. 54556 and Sections 2, 3 and 4 of Committee Substitute for Ordinance No. 911076 are hereby repealed.

 

_______________________________________

 

Approved as to form and legality:

 

 

_____________________________

Galen Beaufort

City Attorney