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Legislation #: 140368 Introduction Date: 5/8/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER TAYLOR AND COUNCILMEMBER SHARP
Title: Approving an Industrial Development Plan for Burns _ McDonnell Engineering Company, Inc. (the “Company”) for the purpose of expanding, acquiring and constructing an office industry consisting of a national headquarters project located at the corner of Ward Parkway and Wornall Road; authorizing and approving various agreements for the purpose of setting forth covenants, agreements and obligations of the City, the Company and 9400 Wornall, LLC (the “Lessee”); authorizing the issuance of taxable industrial revenue bonds in two series in a maximum aggregate principal amount not to exceed $121,500,000.00; authorizing and approving certain other documents; and authorizing certain other actions in connection with the issuance of said bonds.

Legislation History
DateMinutesDescription
5/7/2014 Filed by the Clerk's office
5/8/2014 Referred to Planning, Zoning & Economic Development Committee
5/14/2014 Advance and Do Pass, Debate
5/15/2014 Passed

View Attachments
FileTypeSizeDescription
140368.pdf Authenticated 417K Authenticated
Ch. 100 Notice_IDP_9400 Wornall LLC.pdf Plan 678K Burns and Mac Ch 100 IDP
140368 Fact Sheet.pdf Fact Sheet 261K Fact Sheet

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ORDINANCE NO. 140368

 

Approving an Industrial Development Plan for Burns & McDonnell Engineering Company, Inc. (the “Company”) for the purpose of expanding, acquiring and constructing an office industry consisting of a national headquarters project located at the corner of Ward Parkway and Wornall Road; authorizing and approving various agreements for the purpose of setting forth covenants, agreements and obligations of the City, the Company and 9400 Wornall, LLC (the “Lessee”); authorizing the issuance of taxable industrial revenue bonds in two series in a maximum aggregate principal amount not to exceed $121,500,000.00; authorizing and approving certain other documents; and authorizing certain other actions in connection with the issuance of said bonds.

 

WHEREAS, the City of Kansas City, Missouri, a constitutional charter city and municipal corporation of the State of Missouri (the “City”) is authorized pursuant to the provisions of Article VI, Section 27(b) of the Missouri Constitution, as amended, and Sections 100.010 to 100.200, inclusive, of the Revised Statutes of Missouri, as amended, and the City of Kansas City Charter (collectively, the “Act”), to issue its revenue bonds for carrying out a project or projects under the Act, such revenue bonds to be paid solely from revenue received from such project, and to enter into a lease of certain real property associated with the Project to be financed with the proceeds of such revenue bonds with any person, firm or corporation; and

 

WHEREAS, the City has heretofore prepared and approved plans for the industrial development of the City and desires to approve an Industrial Development Plan (the “Plan”) for the purpose of carrying out a development project (the “Project”) consisting of real property improvements in two phases to carry out the phased expansion of the national headquarters of Burns & McDonnell Engineering Company, Inc. (the “Company”); and

 

WHEREAS, the City intends to issue its Taxable Industrial Revenue Bonds (Burns & McDonnell Project) (the “Bonds”) in two series, one series for each phase of the Project, for the purpose of furthering the Project to be located at the corner of Ward Parkway and Wornall Road, Kansas City, Missouri (the “Project Site”); and

 

WHEREAS, the Project will be leased to 9400 Wornall, LLC, a Missouri limited liability company (the “Lessee”) and subleased by the Lessee to the Company; and

 

WHEREAS, notice of the Project was given to the taxing jurisdictions in accordance with Section 100.059.1 of the Revised Statutes of Missouri; and

 

WHEREAS, the Council has heretofore and does hereby find and determine that it is desirable for the economic development of the City and within the public purposes of the Act that the Council approve a Chapter 100 Industrial Development Plan as proposed by the Company; and that the City issue the Bonds, as more fully described in the Indenture and in the Lease, as hereinafter defined and authorized, proceeds of which shall be used for the purchase of certain real property associated with the Project and which shall be located at the Project Site and leased by the City to the Lessee, with an option to purchase; and

 

WHEREAS, the principal amount of the Bonds will be issued in a taxable Chapter 100 bond in two series, one series for each phase, over a period of not to exceed ten years, with, for each phase, twenty-five years of abatement for real property with the first fifteen years abated at 100% and the following ten years abated at 50%; and

 

WHEREAS, for a Chapter 100 bond issuance, the City Council has previously established a policy (Ordinance No. 041033) for the review and approval of these projects, one component of which suggests a maximum bond term of 10 years and another of which suggests payments-in-lieu-of-taxes (PILOTS) at a level of no less than 50% of the amount the property would have paid if it had been fully taxed, to the affected taxing jurisdictions during the term of the bonds; and

 

WHEREAS, the Council wishes in this instance to waive its Chapter 100 policy suggesting the maximum abatement period and minimum PILOT payment on behalf of the Project, and

 

WHEREAS, the principal amount of the Bonds will be advanced over a period of not to exceed ten years, commensurate with the City’s incremental acquisition of the property comprising the Project, and such property will be leased by the City to the Lessee for a period of twenty-five years for each phase of the Project (subject to earlier termination as provided in the Lease), which will be repaid solely by the Lessee under the terms of the lease agreement; and

 

WHEREAS, the City further finds and determines that it is necessary and desirable in connection with the Project and the issuance of the Bonds that the City enter into certain documents, and that the City take certain other actions and approve the execution of certain other documents as herein provided; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. Approval of Plan. The City Council hereby finds and determines that the Project will promote the economic well-being and industrial development of the City and the Project will be in furtherance of the public purposes set forth in the Act. The City Council hereby approves the Plan for the Project, which includes the following provisions:

 

(a) Expansion, acquisition and construction of a national headquarters office project, including real property acquisition and improvements, at the Project Site in the City of Kansas City, Missouri;

 

(b) A total estimated project cost of approximately $139.5 million to fund acquisition, construction and related building costs; and

 

(c) The costs for the real property will be funded from proceeds of the sale of up to $121,500,000.00 maximum principal amount of Taxable Industrial Revenue Bonds to be issued by the City and purchased by the Company.

 

Section 2. Authorization of Documents. The City is hereby authorized to enter into the following documents (the "City Documents"), in such form as shall be approved by the officials of the City executing such documents, such officials’ signatures thereon being conclusive evidence of their approval thereof:

 

(a) Trust Indenture (the “Indenture”), between the City and the trustee named therein (the “Trustee”), pursuant to which the Bonds shall be issued and the City shall pledge the Project and assign certain of the payments, revenues and receipts received pursuant to the Lease to the Trustee for the benefit and security of the owners of the Bonds upon the terms and conditions as set forth in the Indenture.

 

(b) Lease Agreement (the “Lease”), between the City and the Lessee, under which the City will acquire the Project and lease the Project to the Lessee pursuant to the terms and conditions in said Lease, in consideration of rental payments by the Lessee which will be sufficient to pay the principal of, premium, if any, and interest on the Bonds.

 

(c) Purchase Agreement, as defined below, under which the purchaser named therein agrees to purchase the Bonds.

 

(d) Sales Tax Agreement, between the City and the Lessee, providing for the payment of sales taxes on construction materials in the event the same are determined to be due.

 

The City further authorizes the sublease of the Project by the Lessee to the Company.

 

Section 3. Authorization of the Bonds. The City is hereby authorized to issue and sell its Taxable Industrial Revenue Bonds (Burns & McDonnell Project), in a maximum aggregate principal amount not to exceed $121,500,000.00, for the purpose of providing funds for certain real property associated with the Project. The Bonds shall be issued and secured pursuant to the herein authorized Indenture and shall bear such date, shall mature at such time, shall be in such denominations, shall bear interest at such rates, shall be in such form, shall be subject to redemption and other terms and conditions, and shall be issued in such manner, subject to such provisions, covenants and agreements, as are set forth in the Indenture.

 

Section 4. Sale and Terms of Bonds; Authorization and Execution of Bond Purchase Agreement. The Bonds will be sold to the Company under the terms of a Bond Purchase Agreement between the City and the Company (the “Purchase Agreement”). The maximum aggregate principal amount of the Bonds shall be $121,500,000.00, the interest rate on the Bonds shall not exceed 5.00%, principal shall be payable at maturity, the maturity date shall be no later than December 1, in the year twenty-five years (as to each phase) subsequent to the applicable transfer of property to the City, the Bonds shall be purchased at 100% of the principal amount thereof and the Bonds may be redeemed at any time at a redemption price equal to the principal amount thereof plus accrued interest. The Director of Finance or the City Treasurer is each authorized to execute the Purchase Agreement for and on behalf of and as the act and deed of the City.

 

Section 5. Limitation on Liability. The Bonds and the interest thereon shall be limited obligations of the City payable solely out of certain payments, revenues and receipts derived by the City from the Lease described below, and such payments, revenues and receipts shall be pledged and assigned to the Trustee as security for the payment of the Bonds as provided in the Indenture. The Bonds and the interest thereon shall not constitute general obligations of the City or the State of Missouri. The Bonds shall not constitute indebtedness within the meaning of any constitutional or statutory debt limitation or restriction, and are not payable in any manner by taxation.

 

Section 6. Creation of Bond Fund. The City is hereby authorized to establish with the Trustee pursuant to the Indenture, a special trust fund in the name of the City to be designated the “City of Kansas City, Missouri, Bond Fund – Burns & McDonnell Project” and the City shall cause all sums required by the Indenture to be deposited therein and shall create all accounts therein required by the Indenture.

 

Section 7. Execution of Documents. The Mayor is hereby authorized and directed to execute the Bonds and to deliver the Bonds to the Trustee for authentication for and on behalf of and as the act and deed of the City in the manner provided in the Indenture. The Director of Finance is hereby authorized and directed to execute the City Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance, for and on behalf of and as the act and deed of the City. The City Clerk or a deputy City Clerk, of the City is hereby authorized and directed to attest to and affix the seal of the City to the Bonds and the City Documents and such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance.

 

Section 8. Further Authority. The Mayor, Director of Finance and other officials, agents and employees of the City as required, are hereby authorized and directed to take such further action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance and to carry out, comply with and perform the duties of the City with respect to the Bonds, the City Documents, and tax redirection.

 

____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Brian T. Rabineau

Assistant City Attorney