KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 180229 Introduction Date: 4/5/2018
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the 9th and Main Tax Increment Financing Plan; and directing the City Clerk to send copies of this ordinance.

Legislation History
DateMinutesDescription
4/2/2018 Filed by the Clerk's office
4/5/2018 Referred to Planning, Zoning & Economic Development Committee
4/11/2018 Advance and Do Pass, Debate
4/12/2018 Passed

View Attachments
FileTypeSizeDescription
180229.pdf Authenticated 186K Authenticated
180229 TIF Plan.pdf TIF Plan 151K TIF Plan
180229 Fact Sheet.pdf Fact Sheet 385K Fact Sheet
9th and Main TIF Plan - First Amendment Ordinance.docx Request for Ordinance 24K 9th and Main TIF Plan - First Amendment Ordinance

Printer Friendly Version

ORDINANCE NO. 180229

 

Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the 9th and Main Tax Increment Financing Plan; and directing the City Clerk to send 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, 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 (the “Enabling Ordinances”), created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and  

WHEREAS, on February 22, 2018, the City Council passed Ordinance No. 180124, which accepted the recommendations of the Commission to approve the 9th and Main Tax Increment Financing Plan (the “Redevelopment Plan”) and to designate the Redevelopment Area described therein, which was determined to be a conservation area, as defined by Section 99.805 of the Act; and

WHEREAS, the First Amendment to the Redevelopment Plan, after due and proper notice required by Sections 99.825 and 99.830 RSMo, was introduced to the Council (the “First Amendment”); and 

 

WHEREAS, the First Amendment to the Redevelopment Plan is meant to clarify the amount of Economic Activity Taxes available to reimburse certain Redevelopment Project Costs identified by the Redevelopment Plan; NOW, THEREFORE, 

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the First Amendment is hereby approved and adopted and the Redevelopment Projects contained therein are hereby authorized. 

 

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 Redevelopment Plan, and that the findings of the Council in Ordinance No. 180124, with respect to the Redevelopment Plan are not affected by the First Amendment and apply equally to the First Amendment;

 

(b)               The Redevelopment Area, as amended by the First Amendment, as a whole is a conservation area, as defined by the Act. A Conservation Study undertaken by JLL, attached as Exhibit 11 to the Redevelopment Plan, provides evidence that fifty percent (50%) or more of the structures in the Redevelopment Area have an age of thirty-five (35) years or more and although the Redevelopment Area is not yet a blighted area, it nonetheless, is detrimental to the public health, safety, morals or welfare and may become blighted because of the following factors: obsolescence, overcrowding structures and community facilities, excessive land coverage, deleterious land layout and depreciation of physical maintenance;

 

(c) The Redevelopment Area, as amended by the First Amendment, 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 tax increment financing;

 

(d)               The Redevelopment Plan, as amended by the First Amendment, conforms with the City’s current comprehensive plan and the implementation of the Redevelopment Plan will not change the existing zoning for the Redevelopment Project Areas. The Redevelopment Plan 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;

 

(e)                The areas selected for the Redevelopment Project include only those parcels of real property and improvements thereon which will be directly and substantially benefited by the Redevelopment Project improvements;

 

(f)                The estimated date of completion of the Redevelopment Project 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;

 

(g)               A plan has been developed for relocation assistance for businesses and residences;

 

(h) A cost-benefit analysis showing the impact of the Redevelopment Plan, as amended by the First Amendment, on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act; and

 

(i) The Redevelopment Plan, as amended by the First Amendment, does not include the initial development or redevelopment of any gambling establishment.

 

Section 5. That the Commission is authorized to issue obligations in one or more series of bonds secured by the Special Allocation Fund established in connection with the Redevelopment Plan to finance Redevelopment Project Costs identified by the Redevelopment Plan 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 the Enabling Ordinances. 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 6. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds generated from the area described by the Redevelopment Project and that are deposited into the Special Allocation Fund established in connection with the Redevelopment Plan to the payment of Redevelopment Project Costs identified by the Redevelopment Plan and authorizes the Commission to pledge such funds on its behalf.

 

Section 7. 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 Rabineau

Assistant City Attorney