ORDINANCE NO. 260922
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Sponsor: City Manager’s Office
Approving the Fifteenth Amendment to the North Oak Tax Increment Financing Plan in the form of the Fifteenth Amended and Restated North Oak Tax Increment Financing Plan; estimating and appropriating funds for Vivion Road Improvements; and authorizing certain agreements for the implementation of certain public infrastructure improvements.
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WHEREAS, the Tax Increment Financing Commission of Kansas City, Clay County, Missouri (the “Commission”) 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 “Act”), the City Council of Kansas City, Missouri (the “City Council”), 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, and Ordinance No. 130986, passed on December 19, 2013, by Committee Substitute for Ordinance No. 140823, as amended, adopted on June 18, 2015, by Committee Substitute for Ordinance No. 230524, passed on June 22, 2023, and by Committee Substitute for Ordinance No. 240045 on March 21, 2024 (the “Enabling Ordinances”); and
WHEREAS, on February 24, 2005, the City Council passed Committee Substitute for Ordinance No. 050104, which accepted the recommendations of the Commission and approved the North Oak Tax Increment Financing Plan (the “Redevelopment Plan”) and designated the Redevelopment Area described therein to be a blighted area (the “Redevelopment Area”); and
WHEREAS, the Redevelopment Plan has been subsequently amended thirteen (13) times by the First Amendment, as approved by Committee Substitute for Ordinance No. 060534 on July 20, 2006, the Third Amendment, as approved by Committee Substitute for Ordinance No. 070996 on October 11, 2007, the Fourth Amendment, as approved by Committee Substitute for Ordinance No. 090832 on October 1, 2009, the Fifth Amendment, as approved by Ordinance No. 100083 on February 11, 20210, the Sixth Amendment, as approved by Ordinance No. 100705 on September 30, 2010, the Seventh Amendment, as approved by Ordinance No. 120172 on March 1, 2012, the Eighth Amendment, as approved by Ordinance No. 160670 on September 8, 2016, the Ninth Amendment, as approved by Ordinance No. 170739 on October 5, 2017; the Tenth Amendment, as approved by Ordinance No. 180053 on February 1, 2018, the Eleventh Amendment, as approved by Ordinance No. 190925 on August 27, 2020, the Twelfth Amendment, as approved by Ordinance No. 220665 on August 11, 2022, the Thirteenth Amendment, as approved by Ordinance No. 230212 on March 9, 2023, and the Fourteenth Amendment, as approved by Committee Substitute for Ordinance No. 240944 on October 31, 2024 (collectively, referred to herein as the “Plan”). The Second Amendment was withdrawn prior to the Commission’s consideration; and
WHEREAS, the purpose of the Fifteenth Amendment is to consolidate all previous Plan Amendments, and provide for certain modifications to the Budget of the Redevelopment Project Costs, and the inclusion of all conforming changes within the text and Exhibits to the Plan in furtherance of the foregoing in modifications; and
WHEREAS, after proper notice was given, the Commission met in a public hearing regarding the Fifteenth Amendment described therein at 9:40 AM on July 8, 2026, at which time, after receiving the comments of all interested persons and taxing districts, the Commission approved Resolution No. 7-16-26 (the “Resolution”) recommending to the City Council the approval of the Fifteenth Amendment to the North Oak Tax Increment Financing Plan; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the City Council hereby approves and adopts the Fifteenth Amendment to the North Oak Tax Increment Financing Plan, a copy of which is attached hereto.
Section 2. That all terms used in this ordinance, not otherwise defined herein, shall be construed as defined in the Act.
Section 3. That the Council hereby finds that:
(a) The Fifteenth Amendment does not alter the City Council's previous finding that the Redevelopment Area on the whole is a blighted and 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 “but for” the adoption of tax increment financing.
(b) The Redevelopment Plan, as amended by the Fifteenth Amendment, conforms to the comprehensive plan for the development of the City as a whole.
(c) The Fifteenth Amendment does not alter the Redevelopment Plan projects within the Redevelopment Area as described in the original Redevelopment Plan, as amended, which can be completed no later than twenty-three (23) years from the adoption of the ordinance approving the Redevelopment Project which will be adopted no later than ten (10) years from the adoption of the Redevelopment Plan, and in the event Obligations are issued to finance Redevelopment Project Costs such Obligations will be retired in less than twenty-three years from the adoption of the ordinance approving the Redevelopment Project. The Fifteenth Amendment does not alter the Redevelopment Plan that no contemplated property acquisition shall occur by eminent domain.
(d) The Fifteenth Amendment does not alter the Redevelopment Plan's relocation assistance for businesses and residences;
(e) The Fifteenth Amendment does not alter the cost benefit analysis attached to the Redevelopment Plan showing the impact of the Redevelopment Plan, as amended, on each taxing district which is at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;
(f) The Fifteenth Amendment does not include the initial development or redevelopment of any gambling establishment.
Section 4. That the Commission is authorized to issue obligations in one or more series of bonds secured by the Special Allocation Fund(s) established in connection with each Redevelopment Project described by the Redevelopment Plan to finance Redevelopment Project Costs 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 undertake all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan, as amended. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 through 99.865, RSMo, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Section 5. That pursuant to the provisions of the Redevelopment Plan, the Council approves the pledge of all payments in lieu of taxes and economic activity taxes generated within Redevelopment Projects that are deposited into the Special Allocation Fund(s) established in connection with the Redevelopment Projects described by the Redevelopment Plan to the payment of Redevelopment Project Costs, and the financing of the North Oak Development Program of the Redevelopment Plan and authorizes the Commission to pledge such funds on its behalf.
Section 6. That revenue in the following account of the Capital Improvements Fund is estimated in the following additional amount:
27-3090-895914-485380-89008267 Reimbursement from North Oak TIF $500,000.00
Section 7. That the sum of $500,000.00 is appropriated from the unappropriated fund balance of the Capital Improvements fund and increases the appropriation of the following account of the Capital Improvements Fund:
27-3090-895914-B-89008267 NE Vivion Rd Streetscape Imp $500,000.00
Section 8. That the Director of Public Works is hereby designated the requisitioning authority for Account Nos. 27-3090-895914-B-89008267.
Section 9. That the City Manager is authorized to negotiate and execute an Amended Financing Agreement with the Commission to effectuate the Redevelopment Plan and this Ordinance.
Section 10. That the Director of Public Works is hereby authorized to enter into a First Amendment to the Redevelopment Agreement with the Tax Increment Finance Commission of Kansas City, dated October 17, 2023.
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Approved as to form:
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Emalea Kohler
Associate City Attorney