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Legislation #: 160448 Introduction Date: 6/9/2016
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS REED, LUCAS AND JAMES, JR.
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Linwood Shopping Center Tax Increment Financing Plan; approving the Linwood Shopping Center Tax Increment Financing Plan; designating the Redevelopment Area; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
6/8/2016 Filed by the Clerk's office
6/9/2016 Referred to Planning, Zoning & Economic Development Committee
6/15/2016 Advance and Do Pass, Debate
6/16/2016 Passed

View Attachments
FileTypeSizeDescription
160448.pdf Authenticated 226K Authenticated
160448 Plan.pdf Plan 5364K TIF Plan
160448 Fact Sheet.pdf Fact Sheet 233K Fact Sheet
LSC TIF Plan ordinance.docx Request for Ordinance 24K Ordinance

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ORDINANCE NO. 160448

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Linwood Shopping Center Tax Increment Financing Plan; approving the Linwood Shopping Center Tax Increment Financing Plan; designating the 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, RSMo, as amended (the “TIF Act”), the City Council of Kansas City, Missouri (the “City Council”) created Tax Increment Financing Commission of Kansas City, Missouri (the “Commission”); and

 

WHEREAS, the Linwood Shopping Center Tax Increment Financing Plan (the “Redevelopment Plan”) was proposed to the Commission; 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 projects (“Redevelopment Projects”) 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 May, 16, 2016, and adopted its Resolution No. 5-27-16 (the “Resolution”) recommending to the City Council the approval of the Redevelopment Plan; and

 

WHEREAS, the Redevelopment Plan provides for the construction of approximately 64,580 square feet of retail space, including a grocery store, parking and all necessary appurtenances and utilities to support such development in an area generally bounded by 31st Street on the North, Linwood Boulevard on the South, Montgall Avenue on the East, and Olive Street on the West NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the recommendation of the Commission concerning the Linwood Shopping Center 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 the TIF Act.

 

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

 

All of “CDC-KC Linwood Square 1st Plat”, (Lots 1 and 2, inclusive, containing 147,929.40 square feet, or 3.3960 acres more or less) a subdivision of land in part of the Southwest Quarter of Section 15, Township 49, Range 33, in Kansas City, Jackson County, Missouri, and also all of “Mooney Place”, (Tracts II, III, IV, V, VI, VII, and VIII inclusive, Tract I excluded, containing 283,863.24 square feet or 6.5166 acres more or less), a subdivision of land in part of the Southeast Quarter of Section 16, Township 49, Range 33, in Kansas City, Jackson County, Missouri more particularly described as follows: Beginning at the NW Corner of said Southwest Quarter of Section 15, said point also being the centerline intersection of 31st Street and Prospect Avenue; thence(the following distances and bearings are based on the above mentioned subdivisions) along the centerline of 31st Street 330 feet at South 87 degrees 32 minutes 04 seconds East to the centerline intersection with Montgall Avenue (50’ Wide R/W); thence along the centerline of Montgall Avenue 658.69 feet at South 2 degrees 16 minutes 44 seconds West to the centerline intersection with Linwood Boulevard (100’ Wide R/W); thence along the centerline of Linwood Boulevard 330 feet at North 87 degrees 34 minutes 16 seconds West to the centerline intersection with Prospect Avenue: thence continuing along the centerline of Linwood Boulevard 414.86 feet at North 87 degrees 26 minutes 23 seconds West to the intersection with the prolongation of the most easterly line of Tract I; thence along said prolongation and easterly line a distance of 258.29 feet at North 2 degrees 19 minutes 03 seconds East; thence along a north line of Tract I a distance of 105.22 feet at North 87 degrees 26 minutes 23 Seconds West; thence along a west line of Tract I a distance of 90 feet at North 2 degrees 11 minutes 28 seconds East; thence along the most northerly line of Tract I and it’s prolongation a distance of 98.50 feet at North 87 degrees 26 minutes 23 seconds West to the centerline of Olive Avenue (60’ Wide R/W); thence along the centerline of Olive Avenue a distance 311.03 feet at North 2 degrees 11 minutes 28 seconds East to the centerline of 31st Street, said line also being the North line of said Southeast Quarter; thence along the centerline of 31st Street 658.99 feet at South 87 degrees 23 minutes 55 seconds East 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 described in the Redevelopment Plan is a blighted area, evidenced by unsanitary or unsafe conditions, deterioration and dilapidation of site improvements, excessive vacancies, and low assessed valuations and tax revenues; 

 

(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 Projects include 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 each 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 implementation 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 TIF 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 Commission is authorized to issue obligations in one or more series of bonds secured by the Linwood Shopping Center Account of the Special Allocation Fund to finance Redevelopment Project Costs identified by the Redevelopment Plan 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 6. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into the Linwood Shopping Center 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 7. 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