ORDINANCE NO. 190895
Accepting the recommendations of the Tax Increment
Financing Commission as to the Second Amendment to the Metro North Crossing Tax
Increment Financing Plan and approving the Second Amendment to the Metro North
Crossing Tax Increment Financing Plan.
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, Ordinance No. 100089, As Amended, passed
on January 28, 2010, Ordinance No. 130986, passed on December 19, 2013, and
Committee Substitute for Ordinance No. 140823, passed on June 18, 2015, created
the Tax Increment Financing Commission of Kansas City, Missouri (the
"Commission"); and
WHEREAS, the Metro North Crossing Tax Increment
Financing Plan (the “Redevelopment Plan”) was approved by the Council by
passage of Ordinance No. 151011 on December 10, 2015 and has been amended one
time by Ordinance 180020 on February 1, 2018; and
WHEREAS, the second amendment to the Redevelopment Plan
(“Second Amendment”) was proposed to the Commission; and
WHEREAS, after all proper notice was given, the Commission
met in public hearing regarding the Second Amendment on October 9, 2019, at
which time, after receiving the comments of all interested persons and taxing
districts, the Commission approved a resolution recommending to the City
Council the approval of the Second Amendment to the Redevelopment Plan; and
WHEREAS,
the Second Amendment provides for (1) modifications to the description
of the public improvements contemplated by the Plan, (2) modifications to the
boundaries of Redevelopment Project Area 1, (3) the inclusion of additional
Redevelopment Projects and the description of the areas that relate to such
additional Redevelopment Projects, (4) modifications to the Site Plan attached
to the Plan (5) modifications to the Budget of Redevelopment Project Costs
described by the Plan, (6) modifications to the Sources and Uses described by
the Plan, (7) modifications to the revenue projections described by the Plan,
(8) modifications to the amount of anticipated construction and employment to
occur within each Redevelopment Project Area and (9) such other corresponding
changes to Exhibits to the Plan that are consistent with the foregoing
modifications; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the
recommendations of the Commission concerning the Second Amendment to the
Redevelopment Plan as set forth in the Resolution are hereby accepted and the
Second Amendment, a copy of which is attached hereto, is hereby approved and
adopted as valid and the Redevelopment Project contained therein is hereby
approved and adopted.
Section 2. That all terms used in this ordinance, not
otherwise defined herein, shall be construed as defined in Section 99.800 to
99.865 of the Revised Statutes of Missouri, as amended (the “Act”).
Section 3. That the Council hereby finds that:
(a)
Good cause has been shown for amendment of the Plan, and that the
findings of the Council in Ordinance No. 151011 with respect to the Plan are
not affected by the Second Amendment and apply equally to the Second Amendment;
(b)
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 with the City’s current comprehensive plan and will not alter the
land use contemplated by the Gashland/Nashua Land Use Plan and the
implementation of the Redevelopment Plan will not change the existing zoning
for the Redevelopment Project Areas. The Redevelopment Project shall be subject
to the applicable provisions of the City’s Zoning Ordinance as well as other
codes and ordinances as may be amended from time to time.
(d) The areas selected
for 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 the respective Redevelopment Projects 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 adoption 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; and
(h) The Redevelopment
Plan does not include the initial development or redevelopment of any gambling
establishment.
(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 4. That the Commission is authorized to issue
obligations in one or more series of bonds secured by the Metro North Crossing
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 stake all such further actions as are
reasonably necessary to achieve the objectives of the Redevelopment Plan
pursuant to the power delegated to it in Ordinance No. 080726. Any obligations
issued to finance Redevelopment Project Costs shall contain a recital that they
are issued pursuant to Sections 99.800 and 99.865, which recital shall be
conclusive evidence of their validity and of the regularity of their issuance.
Section 5. That pursuant to the provisions of the
Redevelopment Plan, the City Council approves the pledge of all funds generated
from Redevelopment Projects that are deposited into the Metro North Crossing
Account of the Special Association Fund to the payment of Redevelopment Project
Costs within the Redevelopment Area and authorizes the Commission to pledge
such funds on its behalf.
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Approved as to form and
legality:
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Katherine Chandler
Assistant City Attorney