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Legislation #: 130744 Introduction Date: 9/26/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS CIRCO, TAYLOR, SHARP AND JAMES, JR.
Title: Approving and designating Redevelopment Project Area 7 of the Bannister _ I-435 Tax Increment Financing Plan as a Redevelopment Project; adopting tax increment financing therefor; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
9/25/2013 Filed by the Clerk's office
9/26/2013 Referred to Planning, Zoning & Economic Development Committee
10/2/2013 Hold On Agenda (10/9/2013)
10/9/2013 Hold Off Agenda
1/20/2015 Release
1/14/2015 Release
2/2/2015 Released

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ORDINANCE NO. 130744

 

Approving and designating Redevelopment Project Area 7 of the Bannister & I-435 Tax Increment Financing Plan as a Redevelopment Project; adopting tax increment financing therefor; 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 City Council accepted the recommendations of the Commission as to the Bannister & I-435 Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area as a blighted area; and

 

WHEREAS, the Redevelopment Plan contemplates 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 Area 7 legally described as follows:

 

All that part of the Northwest Quarter of Section 25, Township 48 North, Range 33 West, and all that part of Lots 1 and 2 and Tract B, Benjamin Plaza Third Plat, a subdivision, and all that part of Lot 2, Benjamin Plaza Second Plat, a subdivision, all in the City of Kansas City, Jackson County, Missouri, being more particularly described as follows: commencing at the southwest corner of the Northwest Quarter of said Section 25, thence North 02 degrees 08 minutes 59 seconds East, with the west line of the Northwest Quarter of said Section 25, a distance of 1465.10 feet; thence South 87 degrees 51 minutes 01 second East, a distance of 182.88 feet to a point on the west right-of-way line of Hillcrest Road; thence South 73 degrees 54 minutes 20 seconds East, a distance of 81.13 feet to the point of beginning; thence on a curve to the right having a radius of 956.00 feet, a central angle of 08 degrees 25 minutes 33 seconds, with an initial tangent bearing of North 21 degrees 17 minutes 11 seconds East, an arc distance of 140.59 feet to a point on the east right-of-way line of Hillcrest Road and the west line of Tract B, Benjamin Plaza Third Plat; thence continuing on said curve to the right having a radius of 956.00 feet, a central angle of 04 degrees 20 minutes 11 seconds, an arc distance of 72.36 feet to a point on the westerly line of said Tract B, and the south line of Lot 2, Benjamin Plaza Third Plat; thence continuing on said curve to the right having a radius of 956.00 feet, a central angle of 09 degrees 52 minutes 49 seconds, an arc distance of 164.86 feet; thence North 43 degrees 55 minutes 43 seconds East, a distance of 161.16 feet to a point on the east line of said Lot 2 and the westerly line of said Tract B; thence continuing North 43 degrees 55 minutes 43 seconds East, a distance of 227.73 feet; thence on a curve to the right having a radius of 557.00 feet, a central angle of 06 degrees 01 minute 10 seconds, with an initial tangent bearing of North 50 degrees 36 minutes 07 seconds West, an arc distance of 58.52 feet; thence North 40 degrees 29 minutes 11 seconds East, a distance of 313.97 feet to a point on the westerly line of said Tract B and the southerly line of Lot 2, Benjamin Plaza Second Plat; thence continuing North 40 degrees 29 minutes 11 seconds East, a distance of 115.81 feet; thence on a curve to the left having a radius of 134.00 feet, a central angle of 44 degrees 35 minutes 49 seconds, with an initial tangent bearing of South 28 degrees 34 minutes 48 seconds East, an arc distance of 104.30 feet; thence South 35 degrees 29 minutes 11 seconds West, a distance of 35.74 feet to a point on the southerly line of said Lot 2, Benjamin Plaza Second Plat, and the westerly line of said Tract B, Benjamin Plaza Third Plat; thence continuing South 35 degrees 29 minutes 11 seconds West, a distance of 392.66 feet; thence on a curve to the left having a radius of 557.00 feet, a central angle of 14 degrees 25 minutes 49 seconds, with an initial tangent bearing of South 58 degrees 55 minutes 44 seconds East, an arc distance of 140.29 feet; thence South 18 degrees 17 minutes 12 seconds West, a distance of 90.73 feet to a point on the north line of Lot 1, Benjamin Plaza Third Plat; thence continuing South 18 degrees 17 minutes 12 seconds West, a distance of 379.94 feet; thence South 03 degrees 08 minutes 10 seconds West, a distance of 92.55 feet to a point on the south line of said Lot 1; thence continuing South 03 degrees 08 minutes 10 seconds West, a distance of 70.12 feet to a point on the south line of said Tract B and the north right-of-way line of E. 93rd Street; thence North 86 degrees 51 minutes 50 seconds West, with the south line of said Tract B and with the north right-of-way line of E. 93rd Street, a distance of 113.32 feet to a point of curvature; thence continuing with the south line of said Tract B and the North right-of-way line of E. 93rd Street on a curve to the right having a radius of 160.00 feet, a central angle of 12 degrees 57 minutes 30 seconds, an arc distance of 36.19 feet; thence North 73 degrees 54 minutes 20 seconds West, continuing with the south line of said Tract B and the north right-of-way line of E. 93rd Street, and the westerly prolongation, a distance of 346.58 feet to a point on the east right-of-way line of Hillcrest Road; thence continuing North 73 degrees 54 minutes 20 seconds West, a distance of 28.89 feet to the point of beginning. The above described tract contains 311,041 square feet, or 7.14 acres.

 

is approved and designated by the Bannister & I-435 Tax Increment Financing Plan as Redevelopment Project Area 7 (“Project Area 7”).

 

Section 3. That tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for Project Area 7. After the total equalized assessed valuation of the taxable real property in Project Area 7 exceeds the certified total initial equalized assessed valuation of the taxable real property in Project Area 7, 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 Area 7 shall be allocated to and, when collected, shall be paid by the Jackson 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 Area 7 over and above the initial equalized assessed value of each such unit of property in the area selected for Project Area 7 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 Area 7 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 Area 7 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 Area 7 Costs within the Redevelopment Area, in a separate segregated account within the Special Allocation Fund for the purpose of paying Redevelopment Project Costs.

Section 5. 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