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Legislation #: 130737 Introduction Date: 9/26/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS CIRCO, TAYLOR, SHARP, JAMES, JR. AND REED
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Bannister _ I-435 Tax Increment Financing Plan; approving the Bannister _ I-435 Tax Increment Financing Plan; designating a Redevelopment Area; authorizing the City Manager to submit an application for state supplemental TIF, and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
9/25/2013 Filed by the Clerk's office
9/26/2013 Referred to Planning, Zoning & Economic Development Committee
10/2/2013 Hold On Agenda (10/9/2013)
10/9/2013 Advance and Do Pass as a Committee Substitute, Debate
10/10/2013 Passed as Substituted

View Attachments
FileTypeSizeDescription
Plan 0K Part 2 of Plan - https://s3.amazonaws.com/TIFC-Plans/Bannister & I-435/Bannister & I-435 TIF Plan (Part 2 of 2).pdf
Plan 0K Part 1 of Plan - https://s3.amazonaws.com/TIFC-Plans/Bannister & I-435/Bannister & I-435 TIF Plan (Part 1 of 2).pdf
Plan 0K Entire Plan - https://s3.amazonaws.com/TIFC-Plans/bannister_I-435_original_167282.PDF
Revised Bannister I-435 TIF Plan (00163774).PDF Plan 41008K * Revised TIF Plan
130737.pdf Authenticated 384K Authenticated
Other 0K The Plan is on file in the Clerk's Office.
fact sheet.pdf Fact Sheet 215K Fact Sheet
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130737 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130737
* - Attachment is too large for LiveWeb to display.

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130737

Accepting the recommendations of the Tax Increment Financing Commission as to the Bannister & I-435 Tax Increment Financing Plan; approving the Bannister & I-435 Tax Increment Financing Plan; designating a Redevelopment Area; authorizing the City Manager to submit an application for state supplemental TIF, and directing the City Clerk to transmit 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, and Ordinance No. 100089, As Amended, passed on January 28, 2010, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, the Bannister & I-435 Tax Increment Financing Plan (the “Redevelopment Plan”) was proposed to the Commission; and

  WHEREAS, the Redevelopment Plan is a comprehensive program intended to reduce or eliminate blight and enhance the tax base within the redevelopment area (the “Redevelopment Area”) through the implementation of a number of separate projects (“Redevelopment Projects”) and the adoption of tax increment financing for each of the areas selected for such Redevelopment Projects; and

  WHEREAS, the Commission has been duly constituted and its members appointed; and, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested persons and taxing districts with respect to the Redevelopment Plan, closed said public hearing on September 11, 2013, and adopted its Resolution No. 9-12-13 (the “Resolution”) recommending to the City Council the approval of the Redevelopment Plan; and

  WHEREAS, the Redevelopment Plan will include construction of retail and office space and necessary infrastructure; NOW, THEREFORE,

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the recommendation of the Commission concerning the Bannister & I-435 Tax Increment Financing Plan as set forth in the Resolution is hereby accepted and the Redevelopment Plan is hereby approved and adopted.

 Section 2. That 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 (the "Act").

 

Section 3. That the following described area is hereby designated a Redevelopment Area: 

All of Tracts II, III, V, VI, VII, IX, and X, of Replat of Bannister Mall, Tracts I through X, Inclusive, and all of Lots 1 and 3, and Tract A, of 3-Trail Village Square, and all of Lots 2 and 3, and all of Tracts G and H, of Benjamin Plaza First Plat, and Amended Plat of Lot 1, Benjamin Plaza First Plat; Lot 2, Benjamin Plaza Second; and Tract C-1 as shown on Certificate of Survey of Benjamin Plaza Second Plat; and Tract C-2 as shown on Certificate of Survey of Benjamin Plaza Second Plat; Lots 1 and 2, and Tract B, Benjamin Plaza Third Plat; Lots 3A and 3B, as shown on Certificate of Survey of Benjamin Plaza Third Plat; and all that part of Lot 1 of Commissioners plat of Sechrest Estates lying west of the Kansas City Southern railroad right-of-way; and all that part of Commissioners Plat of Lot 2, Sechrest Estates except that part replatted as Benjamin Plaza Third Plat; and all that part of the Southeast Quarter of Section 23, and all that part of the Southwest Quarter of Section 24, Township 48, Range 33, and all that part of the of the northwest Quarter of Section 25, and all that part of the Southeast Quarter of Section 26, all in Township 48, Range 33, being generally described as follows: beginning southeast corner of Tract VI, Replat of Bannister Mall Tracts I through X, Inclusive, thence west, with the south line of Tracts VI, VII, VIII, II, & IX of Replat of Bannister Mall Tracts I through X, Inclusive, and with the south line of Lot 1, 3-Trails Village Square, and with the north right-of-way line of Bannister Road, to the east right-of-way line of Interstate 435; thence northeasterly with the west line of Tracts IX and II, Replat of Bannister Mall Tracts I through X, Inclusive, and the west line of Lot 1, 3-Trails Village Square, and the west line of Tract III, Replat of Bannister Mall Tracts I through X, Inclusive, and the west line of Tract H, Benjamin Plaza First Plat, and the west line of Lot 1, Amended plat of Benjamin Plaza First Plat, and the east right-of-way line of Interstate 435, to the northwesterly corner of Lot 1, Amended plat of Benjamin Plaza First Plat; thence southeasterly with the northerly line of Lot 1, Amended Plat of Benjamin Plaza First Plat, and no longer with the east right-of-way line of Interstate 435, to the northeast corner of said Lot 1; thence westerly, southerly, and southwesterly, with the east line of Lot 1, Amended Plat of Benjamin Plaza First Plat, to the southeast corner of said Lot 1, said point being on the north line of Tract H, Benjamin Plaza First Plat; thence southeasterly with the north line of said Tract H to the northeast corner of said Tract H, said point being on the westerly line of Lot 3, Amended Plat of Benjamin Plaza Fourth Plat; thence southwesterly and southeasterly, with the easterly line of said Tract H, to the southeasterly corner of Lot 3, Amended Plat of Benjamin Plaza Fourth Plat, said point also being on the west right-of-way line of Hillcrest Road; thence northerly, with the west right-of-way line of Hillcrest Road to the south right-of-way line of E. 87th Street; thence easterly, with the south right-of-way line of E. 87th Street to the westerly right-of-way line of Kansas City Southern Railway; thence southerly, with the westerly right-of-way line of the Kansas City Southern Railway, to the north right-of-way line of E. 93rd Street; thence westerly with the north right-of-way line of E. 93rd Street, and its westerly prolongation, to the west right-of-way line of Hillcrest Road; thence south, with the west right-of-way line of Hillcrest Road, to the point of beginning, except Tract VIII, Replat of Bannister Mall Tracts I through X, Inclusive; and except Lot 3, 3-Trails Village Square. The above described tract contains 251 acres, more or less.

  Section 4. That in accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

(a) 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 to FOCUS, the comprehensive plan for the development of the City as a whole;

(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 passage 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;

(h) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment; and

(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 5. That the Redevelopment Area is a blighted area located within the City's urban core area.

Section 6. That the Commission is authorized to issue obligations in one or more series of bonds secured by the Bannister & I-435 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 take all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan pursuant to the power delegated to it by the City. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

Section 7. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into the Bannister & I-435 Account of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Redevelopment Area and authorizes the Commission to pledge such funds on its behalf. 

Section 8. That the City Manager is authorized and directed to submit, on behalf of the City, an application for state supplemental TIF to the Missouri Department of Economic Development, pursuant to Sections 99.800 to 99.865, RSMo, to assist the Development Plan.

Section 9. 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 T. Rabineau

Assistant City Attorney