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Legislation #: 130829 Introduction Date: 10/24/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER GLOVER
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the 9th _ Central Tax Increment Financing Plan; approving the 9th _ Central Tax Increment Financing Plan; designating a Redevelopment Area; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
10/22/2013 Filed by the Clerk's office
10/24/2013 Referred to Planning, Zoning & Economic Development Committee
10/30/2013 Hold On Agenda (11/6/2013)
11/6/2013 Hold On Agenda (11/20/2013)
11/20/2013 Hold On Agenda (11/25/2013)
11/25/2013 Advance and Do Pass as a Committee Substitute, Debate
11/26/2013 Passed as Substituted

View Attachments
FileTypeSizeDescription
130829.pdf Authenticated 364K Authenticated
fact sheet.pdf Fact Sheet 169K revised fact sheet
130829 Fact Sheet.pdf Fact Sheet 322K Fact Sheet
130829 Request for Ordinance.pdf Request for Ordinance 161K Request for Ordinance
Other 0K 9th & Central TIF Plan - on file City Clerk's Office

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130829

Accepting the recommendations of the Tax Increment Financing Commission as to the 9th & Central Tax Increment Financing Plan; approving the 9th & Central Tax Increment Financing Plan; designating a Redevelopment Area; 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 City Council of Kansas City, Missouri by Ordinance No. 54556 passed on November 24, 1982, and thereafter amended in certain respects by Committee Substitute for Ordinance No. 911076, As Amended, passed on August 29, 1991, and Ordinance No. 100089, As Amended, passed on January 28, 2010, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, the 9th & Central Tax Increment Financing Plan (the “Redevelopment Plan”) was proposed to the Commission; and

WHEREAS, Lots 1, 2, 3, 4, 5, 6 and 7, Block 3 (the "Mary E. Lee Trust Property"), Ashburn's Addition, a Subdivision in Kansas City, Jackson County, Missouri is within the Redevelopment Area (as hereinafter defined), is currently owned by Mary E. Lee, as Trustee of the Mary E. Lee Trust Under the Declaration of Trust Agreement dated May 27, 1992, and is under contract to be sold to 21c Kansas City LLC, a Missouri limited liability company ("21c"); and

WHEREAS, Lots 18, 19, 20, 21 and 22, Block 3 (the "NACC Property"), Ashburn's Addition, a Subdivision in Kansas City, Jackson County, Missouri is within the Redevelopment Area, is currently owned by Ninth and Central Corporation, a Missouri corporation, and is under contract to be sold to 21c; and

  WHEREAS, the Redevelopment Plan is a comprehensive program intended to reduce or eliminate blight and enhance the tax base within the redevelopment area (the “Redevelopment Area”) through the implementation of a project (“Redevelopment Project”) and the adoption of tax increment financing; and

  WHEREAS, the 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 with respect to the Redevelopment Plan, closed said public hearing on October 9, 2013, and adopted its Resolution No. 10-19-13 (the “Resolution”) recommending to the City Council the approval of the Redevelopment Plan, along with the following modifications to the Redevelopment Plan: (1) an acknowledgement within the Redevelopment Plan that the Redeveloper intends to enter into an agreement with certain impacted taxing districts that will obligate the Redeveloper to make an annual contribution to such impacted taxing districts, and (2) an acknowledgement within the TIF Plan that upon the distribution of surplus payments in lieu of taxes and economic activity taxes, the City Council intends to terminate the designation of the Redevelopment Project Area; and

  WHEREAS, the Redevelopment Plan will include the renovation of a 120-room boutique hotel, an approximately 5,800 square foot restaurant and bar area, event space and a contemporary art museum, along with all necessary parking and infrastructure improvements; NOW, THEREFORE,

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the recommendation of the Commission concerning the 9th & Central Tax Increment Financing Plan as set forth in the Resolution is hereby accepted and the Redevelopment Plan is hereby approved and adopted.

 Section 2. 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 (the "Act").

  Section 3. That the following described area is hereby designated a Redevelopment Area: 

Lots 1, 2, 3, 4, 5, 6, 7, 18, 19, 20, 21 and 22, Block 3 and a portion of the platted alley lying between said lots, Ashburn’s Addition, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof; being more particularly described as follows: Beginning at the northwest corner of Lot 22, Block 3 of said Ashburn’s Addition; thence South 87 degrees 24 minutes 00 seconds East along the north line of said Lot 22, platted alley and Lot 1, a distance of 343.83 feet to the northeast corner of said Lot 1; thence South 02 degrees 10 minutes 34 seconds West along the east line of Lots 1, 2, 3, 4, 5, 6, and 7 of said Block 3, Ashburn’s Addition, a distance of 173.81 feet to the southeast corner of said Lot 7; thence North 87 degrees 24 minutes 00 seconds West along the south line of said Lot 7, a distance of 164.54 feet to the southwest corner of said Lot 7; thence North 14 degrees 19 minutes 38 seconds West across the platted alley, a distance of 52.66 feet to the southeast corner of said Lot 18; thence North 87 degrees 24 minutes 00 seconds West along the south line of said Lot 18, a distance of 164.48 feet to the southwest corner of said Lot 18; thence North 02 degrees 14 minutes 57 seconds East along the west line of Lots 18, 19, 20, 21 and 22 of said Block 3, Ashburn’s Addition, a distance of 123.43 feet to the point of beginning.

  Section 4. That in accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

(a) The Redevelopment Area as a whole is a blighted area, evidenced by defective or inadequate street layout, unsanitary or unsafe conditions including deterioration and dilapidation of site improvements, excessive vacancies, presence of structures below minimum code standards, lack of ventilation, light or sanitary facilities; 

(b) The Redevelopment Area 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;  

(c) The Redevelopment Plan conforms to FOCUS, the comprehensive plan for the development of the City as a whole;

(d) The area selected for the Redevelopment Project includes only those parcels of real property 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 Project and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan and are not more than 23 years from the passage 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 Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;

(h) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment; and

(i) A blight study has been completed and the findings of such study satisfy the requirements provided under subdivision (1) of Section 99.805, RSMo.  

Section 5. That the Redevelopment Area is a blighted area located within the City's urban core area.

Section 6. That the Commission is authorized to issue obligations in one or more series of bonds secured by the 9th & Central 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 pursuant to the power delegated to it by the City. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

Section 7. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into the 9th & Central 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 8. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Executive of Jackson County, Missouri.

Section 9. That at the request of the Redeveloper, the Plan attached to this Ordinance incorporates certain changes not included in the TIF Plan considered by the Commission, which are as follows: (1) a modification to the budget of redevelopment project costs, (2) the tax revenue projections, and (3) the sources and uses. All such changes were properly noticed in accordance with Sections 99.825 and 99.830 RSMo.

Section 10. That the provisions of this Ordinance shall not become effective until each of the Mary E. Lee Trust Property and the NACC Property have been conveyed by deed recorded with the Jackson County Recorder of Deeds.

_________________________________________________

 

Approved as to form and legality: 

 

 

______________________________

Brian T. Rabineau

Assistant City Attorney