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Legislation #: 990091 Introduction Date: 1/28/1999
Type: Ordinance Effective Date: 3/21/1999
Sponsor: COUNCILMEMBER BACCHUS
Title: Redesignating the Kansas City, Missouri Enterprise Zone for an additional seven years; directing the City Manager to seek state designation of the redesignated zone; and providing for abatement of ad valorem taxes for the same.

Legislation History
DateMinutesDescription
1/28/1999

Prepare to Introduce

1/28/1999

Referred Planning, Zoning & Economic Development Committee

3/3/1999

Hold On Agenda

3/10/1999

Advance and Do Pass as a Committee Substitute

3/11/1999

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 990091

 

Redesignating the Kansas City, Missouri Enterprise Zone for an additional seven years; directing the City Manager to seek state designation of the redesignated zone; and providing for abatement of ad valorem taxes for the same.

 

WHEREAS, the Kansas City Enterprise Zone was initially designated by the State of Missouri on April 25, 1985, subsequent to passage of Third Committee Substitute for Ordinance No. 57289; and

 

WHEREAS; the Enterprise Zone has been expanded five times since the original designation in furtherance of the goals to spur private investment, retain and create jobs and provide employment opportunities for zone residents; and

 

WHEREAS, since original designation, $634 million in qualifying investment has been made in the zone with over 4,500 jobs retained and almost 3,800 jobs created; and

 

WHEREAS, passage of House Bill No. effective January 1, 1996, allowed communities to redesignate their enterprise zones for an additional seven years commencing upon expiration of the zones current lifetime; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the areas included within the following census tracts and block groups, comprising an area of pervasive poverty, unemployment and general distress which meet all criteria for enterprise zone designation established by the State of Missouri, be and the same are hereby designated by the City of Kansas City, Missouri, as an enterprise zone effective April 25, 2000:

 

Census Tract Block Group

1 1, 2, 3

2 1

3 1

4 1, 2

5.01 1, 2

5.02 2

10 5

11 1, 2, 3, 4

12 1, 3

13 1, 2

14 1, 2

15 2, 3, 4

16 1, 2, 3, 4

17 1, 2, 3, 4

18 1, 2

Census Tract Block Group

 

19 1, 2, 3, 4, 5

20 1, 3


21 1

23 1, 5

24 1, 2, 3, 4

25 2, 3

26 1, 2

27 1

28.01 1, 2

28.02 1, 2

29 3

30 1, 2, 3

31 1, 2, 3, 4

32 1, 2, 3

33 1, 2, 4

35.02 1, 2

36.02 1, 2, 3

37 1, 2, 3, 4

38 1, 2, 3, 4

39 1, 2, 3, 4

40 1, 2

41 1, 2, 4, 5

42 3, 4

43 1, 2, 4, 5, 6, 7, 8

45 1, 2, 3

47 1, 2

49 1, 2, 3, 4, 6, 7

50 1

52 1, 2

53 4

54 1, 2

55 1

56.01 1, 2

56.02 4

58.02 1

59.01 2

59.02 1, 3

78.01 1

78.02 1

89 1, 3, 4

96 1, 3, 4, 5

103.01 1

 

Census Tract Block Group

 

104.01 2

130.01 1

130.03 3

200 1, 4

202.02 3

206.02 2

207 3

215 1, 2

 

The portion of the zone contained within Census Tract 130.03, Block Group 3, shall be limited to the area legally described as:

 

All or part of the following subdivisions: "BANNISTER SQUARE BUSINESS CENTER REPLAT", "MARION INDUSTRIAL PARK", "MARION INDUSTRIAL PARK 2ND PLAT", "KEMBLE ACRES", "HICKMAN BUSINESS CENTER", "KRAMER INDUSTRIAL PARK", "BANNISTER STOR-ALL", "A & A ACRES", "KING'S ROSE HILL SUBDIVISION", "HOLMES PARK", "REPLAT OF HOLMES PARK", "SHOWBIZ PIZZA PLACE", and "RESURVEY OF PARCELS 2 AND 3 VENTURE CENTER", all subdivisions according to the recorded plats thereof, including the following streets, drives, avenues, highways, and alleys; Marion Park Drive, 103rd Street, Hickman Mills Drive, Interstate 470, U.S. Highway No. 71, Interstate 435, Woodfield Drive, Cypress Avenue, 95th Street Terrace, 96th Street, King's Highway, Elmwood Avenue, and the alleys in Blocks 1 and 3, Holmes Park, as said streets, drives, avenues, highways, and alleys are now established and the right-of-way of the Burlington Northern Railroad (formerly the St. Louis and San Francisco Railroad), together with other lands situated in Section 26, Township 48, Range 33, and in Section 35, Township 48, Range 33, all in Kansas City, Jackson County, Missouri, and lying generally south of Bannister Road; north of Interstate 470 and easterly of U.S. Highway No. 71.

 

The boundary of the Redevelopment Area is more specifically described as beginning at the northeast corner of Lot 1, "BANNISTER SQUARE BUSINESS CENTER REPLAT"; thence south along the east line of said Lot 1 and along the east line of Lot 3 in said "BANNISTER SQUARE BUSINESS CENTER REPLAT", a distance of 439 feet; thence in a southerly and southwesterly direction along the east line of said Lot 3 and along a curve to the right, tangent to the last described course and having a radius of 300.00 feet, an arc distance of 176 feet to the southeast corner of said Lot 3, said corner also being on the north line of the Southwest 1/4 of the Southeast 1/4 of Section 26, Township 48, Range 33; thence east 120 feet to the northeast corner of said 1/4 1/4 section; thence south along the east line of said 1/4 1/4 section and along the east line of the west 1/2 of the Northeast 1/4 of Section 35, Township 48, Range 33 and along the southerly prolongation thereof, a distance of 3991 feet to a point on the south right-of-way line of 103rd Street, as now established; thence east along said south right-of-way line, a distance of 491 feet, more or less, to the northwest corner of "SLEEPY HOLLOW", a subdivision in said city, county, and state; thence the following courses along the westerly boundary lines of said "SLEEPY HOLLOW" subdivision; south 844 feet, east 200 feet, south 390 feet, southwesterly 91 feet, west 572 feet, south 30 feet, west 141 feet to a point on the easterly right-of-way line of Hickman Mills Drive, as now established; thence southeasterly 461 feet to the southwest corner of said "SLEEPY HOLLOW" subdivision; thence westerly, departing from said subdivision boundary along the northerly right-of-way line of Interstate Route 470, as now established, 100 feet, more or less, to a point on the westerly right-of-way line of said Hickman Mills Drive, said point also being opposite and 209 feet northerly of Station 47+85 of the right-of-way base line of the eastbound lanes of said Interstate 470, as now established; thence westerly along the last said right-of-way line, 440 feet, more or less, to a point on the westerly right-of-way line of the Burlington Northern Railroad that is opposite and 30 feet northerly of Station 43+55 of said right-of-way base line; thence northwesterly 795 feet, more or less, to a point opposite and 50 feet northeasterly of Station 35+51.26 of said right-of-way base line; thence northwesterly, parallel with said right-of-way base line, a distance of 818 feet; thence in a northwesterly direction along a curve to the left, tangent to the last described course having a radius of 1483 feet, an arc distance of 355 feet; thence in a northwesterly and northerly direction along a curve to the right having a radius of 1637 feet, an arc distance of 1500 feet, more or less, to the intersection of the westerly right-of-way line of said Hickman Mills Drive and the prolongation of the easterly right-of-way line of Interstate 435, as now established; thence North 60 West, a distance of 245 feet; thence North 23 30' West, a distance of 660 feet; thence North 35 West, a distance of 165 feet, more or less, to a point on the southerly prolongation of the easterly right-of-way line of U.S. Highway No. 71, as now established; thence northerly along said prolongation and along the last said right-of-way line, a distance of 720 feet to a jog in said right-of-way line; thence west along said jog, a distance of 23 feet; thence northerly along the last said right-of-way line, a distance of 1420 feet to an angle point; thence northerly along said right-of-way line, a distance of 140 feet to an angle point; thence northerly along said right-of-way line, a distance of 52 feet; thence northerly along the last said right-of-way line, a distance of 270 feet to an angle point on the southerly right-of-way line of Woodfield Drive, as now established; thence westerly along a jog in said easterly right-of-way line, along a curve to the left having a radius of 180.00 feet, an arc distance of 46 feet; thence northerly along said right-of-way line, a distance of 50 feet to an angle point in said easterly right-of-way line that is opposite and 143 feet east of Station 404+09 of the right-of-way base line of said U.S. Highway No. 71; thence north along said right-of-way line, a distance of 695 feet to an angle point therein that is opposite and 293 feet east of State 410+95 of said right-of-way base line; thence westerly along said right-of-way line, a distance of 49 feet to an angle point therein that is opposite and 248 feet east of Station 411+16 of said right-of-way base line; thence northerly along said right-of-way line, a distance of 80 feet to a point on the southerly right-of-way line of Bannister Road; thence northeasterly along last said right-of-way line, a distance of 135 feet; thence southeasterly along said southerly right-of-way line, a distance of 140 feet; thence northeasterly along said right-of-way line and along the prolongation thereof, a distance of 180 feet to the point of intersection of the south right-of-way line of Bannister Road and the northeasterly right-of-way line of the Burlington Northern Railroad; thence easterly along said south right-of-way line, a distance of 80 feet; thence northeasterly along said south right-of-way line, a distance of 45 feet; thence easterly along said south right-of-way line, a distance of 400 feet; thence easterly, a distance of 80 feet to a point on the east right-of-way line of Hickman Mills Drive extension, as now established; thence south along the last said right-of-way line, a distance of 580 feet; thence southwesterly along the last said right-of-way line, a distance of 87 feet to a point on the west line of Lot 2, "SHOWBIZ PIZZA PLACE", a subdivision in said city, county, and state; thence south along the last said west line, a distance of 130 feet to the southwest corner of the last said Lot 2, said point also being the northwest corner of Parcel 2, "RESURVEY OF PARCELS 2 AND 3, VENTURE CENTER"; thence east along the north line of said parcel 2, a distance of 1125 feet to the northeast corner thereof; thence easterly, a distance of 545 feet to the northerlymost corner of Lot 6, "BANNISTER SQUARE BUSINESS CENTER REPLAT", a subdivision in said city, county, and state; thence southeasterly 166 feet to an angle point in the north line of Lot 4 in the last said subdivision; thence east along the north lines of Lots 4 and 2 in the last said subdivision, a distance of 440 feet to a point on the west line of Lot 1 in the last said subdivision; thence north 180 feet to the northwest corner of the last said Lot 1; thence east, a distance of 267 feet to the point of beginning. Except that part thereof in public thoroughfares not shown as a project number on Exhibit 1.

 

The portion of the zone contained within Census Tract 207, Block Group 3, which is bounded on the south by Parvin Road, on the west by I-435, on the north by N.E. 48th Street and on the east by the west line of the East 1/2 of Section 3, Township 50, Range 32, shall be limited to underground space only.

 

Section 2. That the City Manager is hereby authorized and directed to comply with all prerequisites and requirements for designation and administration of the Enterprise Zone.

 

Section 3. Effective April 25, 2000, any improvements made to real property prior to August 28, 1991, lying within the Enterprise Zone established at the date of the improvements shall be entitled to retain tax abatement previously granted, specifically such improvements to real property shall remain exempt from assessment and payment of 50% of the ad valorem taxes of such improvements for a period of ten (10) years.

 

Section 4. (a) That upon designation of an area as an Enterprise Zone or a Satellite Enterprise Zone pursuant to Sections 135.207 and 135.210, RSMo, all subsequent improvements to real property located in an Enterprise Zone or a Satellite Enterprise Zone which are initiated subsequent to August 28, 1991, and which were constructed in accordance with applicable City codes and ordinances shall become and remain exempt from assessment and payment of 50% of ad valorem taxes of such improvements of any political subdivision of this State or this City for a period of ten (10) years following the date such improvements were assessed provided the improved properties are used for assembling, fabricating, processing, manufacturing, mining, warehousing or distributing properties.

 

(b) For improvements to real property for uses other than those itemized in subsection (a), all subsequent improvements to real property located in an Enterprise Zone or a Satellite Enterprise Zone which are initiated subsequent to August 28, 1991, and which are constructed in accordance with applicable City codes and ordinances shall become and remain exempt from assessment and payment of 50% of ad valorem taxes of such improvements of any political subdivision of this State or this City for a period of ten (10) consecutive years following the date such improvements were assessed provided that at least fifty new jobs that provide an average of at least thirty-five hours of employment per week per job are created and maintained at the new or expanded facility for each abatement year of the abatement period. An annual accounting of the employment level shall be conducted by the business or other recipient of the tax abatement as a prerequisite to receipt of the abatement. A copy of such accounting shall be filed with the Director of City Development.

 

(c) The granting of abatement of ad valorem taxes for properties other than those specified in subsection (a) shall be done by passage of an ordinance or resolution by the City Council authorizing the exemption and establishing the terms of such exemption and specifying the political subdivisions affected and, furthermore, shall be done only after verification of the employment levels set forth in subsection (b).

 

(d) The granting of tax abatement of ad valorem taxes in an amount in excess of 50% for properties described in subsections (a) and (b) may be granted by the City Council when it is deemed necessary to attract or retain business. The granting of abatement in excess of 50% shall be done by the City Council by passage of an ordinance or resolution authorizing the exemption and establishing the terms of such exemption and specifying the political subdivisions affected and, furthermore, for properties described in subsection (b) shall be done only after verification of the employment levels set forth in subsection (b).

 

(e) That abatement in excess of 50% for ten (10) years may be granted by the Council for low income housing projects within the Enterprise Zone provided such housing is to be occupied throughout the term of abatement exclusively by persons of low income being those whose income levels meet the Low Income Housing Tax Credit guidelines established by the 1986 Tax Reform Act, specifically 60% or less of median income.

 

(f) That the developer of a low income housing project requesting abatement in excess of 50% shall provide to the Director of City Development a yearly certification that the housing units receiving the additional abatement are being used exclusively by low income persons.

 

(g) That all such abatement of ad valorem taxes shall be removed no later than twenty-five (25) years after date of the Enterprise Zone designation.

 

(h) The provisions of subsections (a) through (g) of this Section 4 shall be effective on April 25, 2000.

 

_____________________________________________

 

Approved as to form and legality:

 

 

__________________________________

Assistant City Attorney