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Legislation #: 130155 Introduction Date: 2/28/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS CIRCO, JAMES, JR. AND FORD
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Sixth Amendment to the Winchester Center Tax Increment Financing Plan; approving the Sixth Amendment to the Winchester Center Tax Increment Financing Plan; accepting the recommendation of the Tax Increment Financing Commission as to the termination of the Winchester Center Tax Increment Financing Plan; terminating the Winchester Center Tax Increment Financing Plan; declaring as surplus those funds within the special allocation funds established in connection with the Winchester Center Tax Increment Financing Plan in excess of $2,832,000.00; authorizing the distribution of such surplus funds to the taxing jurisdictions; estimating and appropriating $8,354,865.28 for the purposes of fulfilling the obligations under the Sixth Amendment to the Winchester Center Tax Increment Financing Plan and certain agreements, making certain public improvements, and constructing a youth soccer complex and related improvements in Swope Park; authorizing the City to execute certain agreements; providing for an effective date; and directing the City Clerk to transmit copies of this ordinance.

Legislation History
DateMinutesDescription
2/27/2013 Filed by the Clerk's office
2/28/2013 Referred to Planning, Zoning & Economic Development Committee
3/6/2013 Do Pass as a Committee Substitute
3/7/2013 Assigned Third Read Calendar as Substituted
3/21/2013 Passed as Substituted

View Attachments
FileTypeSizeDescription
130155.pdf Authenticated 501K Authenticated
win 6th ex 16.pdf Exhibit 93K Exhibit 16 Winchester TIF Plan 6th Amendment
6th Amendment Winchester (00157358) 021113.PDF Exhibit 880K Winchester TIF 6th Amendment
fact sheet.xls Fact Sheet 99K fact sheet
TIF Winchester - TIFCity - Cooperative Agreement-v2.doc Agreement 92K Cooperative Agreement
TIF WINCHESTER - Cooperative AGREEMENT- CityCounty-v7.doc Agreement 66K Cooperative Agreement
intergovernmental agreement.doc Agreement 73K intergovernmental agreement
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130155 Website Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130155

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130155

Accepting the recommendations of the Tax Increment Financing Commission as to the Sixth Amendment to the Winchester Center Tax Increment Financing Plan; approving the Sixth Amendment to the Winchester Center Tax Increment Financing Plan; accepting the recommendation of the Tax Increment Financing Commission as to the termination of the Winchester Center Tax Increment Financing Plan; terminating the Winchester Center Tax Increment Financing Plan; declaring as surplus those funds within the special allocation funds established in connection with the Winchester Center Tax Increment Financing Plan in excess of $2,832,000.00; authorizing the distribution of such surplus funds to the taxing jurisdictions; estimating and appropriating $8,354,865.28 for the purposes of fulfilling the obligations under the Sixth Amendment to the Winchester Center Tax Increment Financing Plan and certain agreements, making certain public improvements, and constructing a youth soccer complex and related improvements in Swope Park; authorizing the City to execute certain agreements; providing for an effective date; 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 Statues of Missouri, as amended, (the “Act”), the City Council created the Tax Increment Financing Commission of Kansas City, Missouri (the “Commission”); and

WHEREAS, on December 19, 1991, the City Council adopted Ordinance No. 911435, which accepted the recommendations of the Commission as to the Winchester Center Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area described therein to be a conservation area; and

WHEREAS, on October 28, 1993, the City Council adopted Ordinance No. 931165, which accepted the recommendations of the Commission as to the First Amended Winchester Center Tax Increment Financing Plan and designated the Expanded Redevelopment area described therein as a conservation area; and

WHEREAS, on September 15, 1994, the City Council approved Ordinance No. 941181 which accepted the recommendations of the Commission as to the Second Amendment to the Winchester Center Tax Increment Financing Plan; and

WHEREAS, on January 8, 2004, the Council approved Ordinance No. 031366 which accepted the recommendations of the Commission as to the Third Amendment to the Winchester Center Tax Increment Financing Plan; and

WHEREAS, on July 7, 2005, the Council approved Ordinance No. 050617 which accepted the recommendations of the Commission as to the Fourth Amendment to the Winchester Center Tax Increment Financing Plan; and

WHEREAS, on October 13, 2005, the Council approved Ordinance No. 051235 which accepted the recommendations of the Commission as to the Fifth Amendment to the Winchester Center Tax Increment Financing Plan; and

WHEREAS, the sixth amendment to the Winchester Center Tax Increment Finance Plan was proposed to the Commission (the “Sixth Amendment”); and 

WHEREAS, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested parties and taxing jurisdictions affected, closed the public hearing on February 13, 2013, and approved its Resolution No. 2-22-13 recommending to the City Council that the Sixth Amendment be approved; and

WHEREAS, the Commission, on February 13, 2013, approved its Resolution No. 2-23-13 recommending that the City Council declare the funds in excess of $2,832,000.00 in the special allocation funds established in connection with the Winchester Center Tax Increment Financing Plan to be surplus, dissolve the special allocation funds, terminate the Winchester Center Tax Increment Financing Plan, and terminate the designation of each Redevelopment Project Area described by the Winchester Center Tax Increment Financing Plan; and

WHEREAS, the City desires to delegate to the Commission the City’s obligation to implement the Sixth Amendment, which shall include the construction of improvements to Bennington Avenue, administration of the Neighborhood and Infrastructure Program, and the reimbursement of all redevelopment project costs related to the implementation of the Sixth Amendment; and

WHEREAS, the Commission, City, Jackson County, Missouri (“County”), Consolidated School District No. 2 (Raytown), and Mid-Continent Public Library are among the taxing jurisdictions impacted by the Sixth Amendment and have agreed that in order to resolve certain disputes related to the approval of the Sixth Amendment, each will contribute and direct the Commission to transfer to City a portion of the surplus funds in the special allocation funds established in connection with the Winchester Center Tax Increment Financing Plan they would otherwise be entitled to receive under the Act, such funds shall be used to fund certain public improvements; and

WHEREAS, the City and County have determined it to be in the best interests of the residents of the City and County to construct a youth soccer complex and related improvements in Swope Park, and desire and intend to contribute moneys for the development and construction of such project by, among other things, contributing the balance of the surplus funds to the special allocation funds established in connection with the Winchester Center Tax Increment Financing Plan that City and County would otherwise be entitled to receive under the Act; and

WHEREAS, the City’s use of TIF Surplus dollars as considered by this Ordinance is consistent with the City’s one-time revenue policy as defined in Committee Substitute for Ordinance No. 121017, as amended; and

WHEREAS, certain agreements must be authorized and appropriations made for the purpose of implementing the objectives outlined herein; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the recommendations of the Commission concerning the Sixth Amendment to the Winchester Center Tax Increment Financing Plan are hereby accepted and the Sixth Amendment to the Redevelopment Plan, a copy of which is attached hereto, is hereby approved and adopted as valid and the Redevelopment Projects contained therein are hereby authorized.

Section 2. That the City Council hereby finds that:

(a) Good cause has been shown for the amendment of the Redevelopment Plan, and that the findings of the City Council in Ordinance Nos. 911435, 931165, 941181, 031366, 050617 and 051235 with respect to the Redevelopment Plan and any subsequent amendments, are not affected by the Sixth Amendment to the Winchester Center Tax Increment Financing Plan and apply equally to the Sixth Amendment to the Winchester Center Tax Increment Financing Plan;

(b) The Redevelopment Area, as amended, as a whole, is a conservation area, and 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 Sixth Amendment to the Winchester Center Tax Increment Financing Plan;

(c) The Sixth Amendment to the Winchester Center Tax Increment Financing Plan conforms to the comprehensive plan for the development of the City as a whole;

(d) The estimated dates of completion of the respective Redevelopment Projects and retirement of any obligations incurred to finance Redevelopment Project Costs, have been stated in the Sixth Amendment to the Winchester Center Tax Increment Financing Plan and are not more than 23 years from the adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area, as amended;

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

(f) The Sixth Amendment to the Winchester Center Tax Increment Financing Plan does not include the development of any gaming establishment; and

(g) The Sixth Amendment does not affect the previous cost benefit analysis attached to the Winchester Center Tax Increment Financing Plan, which show the economic impact of the Sixth Amendment to the Winchester Center Tax Increment Financing Plan on each affected taxing district.

Section 3. That the Commission is authorized, subject to any constitutional limitations, to acquire by purchase, donation, lease or eminent domain, to 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 Sixth Amendment to the Winchester Center Tax Increment Financing Plan pursuant to the power delegated to it.

Section 4. That pursuant to the provisions of the Sixth Amendment to the Winchester Center Tax Increment Financing Plan, the City Council approves the pledge of $2,832,000.00 currently deposited into the Winchester Center Account of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Redevelopment Area, as amended, and authorizes the Commission to pledge such funds on its behalf.

Section 5. That the City Council acknowledges receipt of (a) an Intergovernmental Agreement and Mutual Release executed by Jackson County, Missouri, Consolidated School District No. 2 (Raytown) and Mid-Continent Public Library and (b) a Cooperative Agreement – Soccer Facility Improvements executed by Jackson County, Missouri and hereby declares that the Winchester Center Tax Increment Financing Plan is terminated and all funds in each of the special allocation funds in excess of $2,832,000.00 are declared surplus funds and shall be distributed to the affected taxing jurisdictions in accordance with the Act.

Section 6. That following the distribution of the surplus funds and the receipt by City of the $2,832,000.00 remaining within the special allocation funds, the special allocation funds for the Winchester Center Tax Increment Financing Plan are dissolved.

Section 7. That revenue in the following account of the Capital Improvements Fund is estimated in the following amount:

13-3090-120000-485380 Capital Improvements Fund $8,354,865.28

Section 8. That the sum of $8,354,865.28 is appropriated from the Unappropriated Fund Balance of the Capital Improvements Fund to the following accounts:

13-3090-898704-B-89002555 Development NCW $2,832,000.00

13-3090-708709-B-70132202 63rd St Sdwlks Jackson-Manchst $ 900,000.00

13-3090-708709-B-70134917 Lewis Road Athletic Fields $ 4,622,865.28

TOTAL $8,354,865.28

Section 9. That the City Manager, or his designee, is hereby authorized and directed to execute a cooperative agreement with the Commission for the purpose of outlining the parties’ responsibilities for making those improvements contemplated by the Sixth Amendment. Such agreement is approved in substantial form to that which is on file in the office of the City Clerk.

Section 10. That the City Manager, or his designee, is hereby authorized and directed to execute an Intergovernmental Agreement and Mutual Release with the Commission, Jackson County, Missouri, Consolidated School District No. 2 (Raytown) and Mid-Continent Public Library for the purpose of fully settling any and all claims related to the approval of the Sixth Amendment. Such agreement is approved in substantial form to that which is on file in the office of the City Clerk.

Section 11. That the City Manager, or his designee, is hereby authorized to execute a Cooperative Agreement – Youth Soccer Facility Improvements with Jackson County, Missouri, for the purpose of providing for the construction of a youth soccer complex and related improvements in Swope Park. Such agreement is approved in substantial form to that which is on file in the office of the City Clerk.

Section 12. That the City Manager, or his designee, is hereby directed to develop a financing plan and schedule for construction for the youth soccer complex and related improvements in Swope Park and other improvements as needed pursuant to the agreements referenced in Sections 9, 10, and 11 of this ordinance.

Section 13. That the provisions of this ordinance shall not take effect until ten days following passage of this ordinance or until such date as the agreements authorized by this ordinance shall have each been authorized by the relevant governing bodies and shall each have been fully executed, whichever shall last occur.

Section 14. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Executive of Jackson County, Missouri.

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

___________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Brian T. Rabineau

Assistant City Attorney