ORDINANCE NO. 030085

Approving and designating Redevelopment Project 6 of the Performing Arts District Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therefor.

WHEREAS, 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, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, on ______________________, the City Council passed Ordinance No. 030079, which accepted the recommendations of the Commission as to the Performing Arts District Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area to be a blighted area; and

WHEREAS, the Redevelopment Plan and ordinance contemplate the implementation of the Redevelopment Plan through eight (8) 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. 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. The area selected for Redevelopment Project 6 legally described as follows:

All of LOTS 46 through 51, part of LOT 52, all of vacated alley lying East and adjoining said LOTS 46 through 52, part of LOT 32, all of LOTS 33 through 38 and part of LOT 39, all in BLOCK 4, J.H. McGEES ADDITION, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof, and all more particularly described as follows:

Beginning at the Northwest corner of said Lot 46; thence South 2 degrees 02 minutes 20 seconds West along the West line of said Lots 46 through 52, being also the East right-of-way line of Central Street, as now established, 335.15 feet; thence Southerly, Southeasterly and Easterly, along said East right-of-way line and along a curve to the left, tangent to the last described course, having a radius of 15 feet and a central angle of 89 degrees 25 minutes 40 seconds, an arc distance of 23.41 feet to a point on the South line of said Lot 52 being also to a point on the North right-of-way line of 16th Street, as now established; thence South 87 degrees 23 minutes 20 seconds East along said North right-of-way line and along the South line of said Lot 52, and its prolongation East and along the South line of said Lot 32, 313.51 feet; thence Easterly, Northeasterly and Northerly along said North right-of-way line, and a curve to the left, tangent to the last described course, having a radius of 15 feet and a central angle of 90 degrees 31 minutes 09 seconds, an arc distance of 23.70 feet to a point on the

East line of said Lot 32, being also a point on the West right-of-way line of Wyandotte Street, as now established; thence North 2 degrees 05 minutes 31 seconds East along said West right-of-way line and along the East line of said Lots 32 through 39, 374.86 feet to a point on the Southerly right-of-way line of U.S. Interstate Route No. 35; thence South 77 degrees 05 minutes 22 seconds West along said Southerly right-of-way line, 149.48 feet to a point on the North line of said Lot 38; thence North 87 degrees 23 minutes 20 seconds West along said Southerly right-of-way line and along the North line of said Lot 38 and its prolongation West and along the North line of said Lot 46, 199.43 feet to the point of beginning

is approved and designated as the Performing Arts District Tax Increment Financing Plan Redevelopment Project 6 (Project 6").

Section 3. Tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for Project 6. After the total equalized assessed valuation of the taxable real property in Project 6 exceeds the certified total initial equalized assessed valuation of the taxable real property in Project 6, 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 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 6 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 6 over and above the initial equalized assessed value of each such unit of property in the area selected for Project 6 shall be allocated to and, when collected, shall be paid to the City Treasurer who shall deposit such payment in lieu of taxes 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. 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 6 over the amount of such taxes generated by economic activities within such area in the calendar year prior to the adoption 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 in a separate segregated account within the Special Allocation Fund.

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Approved as to form and legality:

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Assistant City Attorney