SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 991565

Approving and designating Redevelopment Project Area 9 of the River Market Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therein; and prioritizing the use of funds in the Special Allocation Fund.

WHEREAS, the City Council of Kansas City, Missouri by Ordinance No. 54556, passed on November 24, 1982 and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing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 December 16, 1999, the City Council passed Ordinance No. 991556, which approved the River Market Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area as a conservation area; and

WHEREAS, on October 4, 2001, the City Council passed Ordinance No. 011388, which approved the First Amendment to the River Market Tax Increment Financing Plan; and

WHEREAS, the Redevelopment Plan, as amended, contemplates the implementation of the Redevelopment Plan through 15 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 Area 9, legally described as follows:

Project 9 consists of a series of properties contained in Section 32; Township 50, Range 33 located within Kansas City, Jackson County, Missouri. Those properties comprising Project 9 are described as follows:

114 Delaware

Part of Lots 140 and 319 lying South of the Railroad right-of-way and all of Lot 320, Block 13 and the Northeast ½ of the vacated Elm Street, which is Southwesterly and adjacent to said Lots of the Plat of Old Town; and

201 Wyandotte

Lots 9-15, Block 10 (except the North 50 feet of Lots 10-15, Block 10 and expect part of Lot 15 DAF: Beginning at the Southeast corner of said Lot; thence, North 44.8 feet; thence, Northerly along a curve 33.46 feet to the East line of said Lot; thence, South along said line 77.94 feet to the point of beginning) of the Plat of King and Boutons; and

208 Delaware

The South 40 feet of Lot 100 of the Plat of Old Town; and

210 Delaware

Blocks 10-14, 18, 19 and 23-25 and the North 5 feet of Lot 98 and all of Lot 99, Block 10 of the Plat of Old Town; and

407 Grand

Lots 271 and 272, Block 28, except for the East 11 feet of the North ½ of said Lot 271 of the Plat of Old Town; and

315 Delaware

Lots 1 and 2 and the West ½ of the vacated alley lying East of and adjacent to the South 40.5 feet of Lot 4, including the East ½ of the vacated alley adjacent to said Lot in the Subdivision of Bridwell; and

415-417 Delaware

The Northwesterly 50 feet of Lot 171 and the Southeasterly 34 feet of Lot 175 of the Plat of Old Town; and

507 Walnut

The North 24 feet of the East 127 feet of Lot 247 of the Plat of Old Town; and

511 Walnut

The North 40 feet of East 127 feet of Lot 249, Block 26 of the Plat of Old Town; and

108-110 Missouri

The East 37 feet of the West 118 feet of Lot 250, Block 26 of the Plat of Old Town; and

509-515 Walnut

The South 36 feet of Lot 247 and all of Lot 248, Block 26 of the Plat of Old Town; and

517 Delaware

The South 25 feet of Lot 198, Block 20 and part of the Southeast Southwest ¼, 32-50-33 DAF: Beginning at the Southeasterly corner of Lot 198; thence, Southeasterly 50.5 feet; thence Westerly 146 feet MOL; thence 25 feet; thence Westerly 6.05 feet to the Southwest corner of said Lot 198; thence Northeasterly 140 feet to the point of beginning (said irregular tract being a part of Lots 1 and 2 of the vacated Krey’s Subdivision) of the Plat of Old Town.

is approved and designated as River Market Redevelopment Project Area 9 (hereinafter referred to herein as the "Redevelopment Project Area"). The area selected for said Redevelopment Project includes only those parcels of real property and improvements thereon which will be directly and substantially benefitted by the Redevelopment Project improvements therein.

Section 3. Tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for the Redevelopment Project Area. After the total equalized assessed valuation of the taxable real property in the Redevelopment Project Area exceeds the certified total initial equalized assessed valuation of the taxable real property in the Redevelopment Project Area, 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:

a. That portion of taxes penalties and interest 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 or real property in the area selected for the Redevelopment Project Area 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;

b. 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 the Redevelopment Project Area, and any applicable penalty and interest over and above the initial equalized assessed value of each such unit of property 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 60 days of the due date will be deemed delinquent and assessed a penalty of 1% per month.

Section 4. In addition to the payments in lieu of taxes described in subsection 2 of Section 3 above, 50% of the total additional revenue from taxes penalties and interest which are imposed by the City or taxing districts, and which are generated by economic activities within the area selected for the Redevelopment Project Area 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 personal property taxes, taxes imposed on sales of charges for sleeping rooms paid by transient guests of hotels and motels, taxes levied pursuant to Section 70.500 RSMo, taxes levied pursuant to Section 94.660 RSMo licenses, fees or special assessments and personal property taxes, other than payments in lieu of taxes and penalties and interest thereon shall be allocated to, and paid by the local political subdivision 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.

Section 5. The Council directs that the funds in the Special Allocation Fund be used, on an annual basis, in the following order of priority:

a.                   First, for Debt Service for the Second Street Improvement Project bonds;

b.                  Second, for reimbursement to the City for shortfalls in previous years for debt service for the Second Street Improvement Project; and

c.                   Third, for other redevelopment projects costs or priorities, as approved by the Council.

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney