RESOLUTION NO. 240444
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Sponsor: Councilmember Darrell Curls
RESOLUTION - Directing the City Manager to request the Administrative TIF Commission and EDC complete a comprehensive review of the Bannister & I-435 Tax Increment Financing Plan and report back to Council with recommendations regarding necessary enforcement action within 60 days.
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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 “TIF Act”), 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 and Ordinance No. 130986, passed on December 19, 2013, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and
WHEREAS, the City Council approved the Bannister & I-435 Tax Increment Financing Plan by Committee Substitute for Ordinance No. 130737, passed on October 10, 2013; and
WHEREAS, the City Council subsequently approved the First Amendment to the Bannister & I-435 Tax Increment Financing Plan (the Bannister & I-435 Tax Increment Financing Plan as amended by the First Amendment to the Bannister & I-435 Tax Increment Financing Plan is referred to herein as the “Redevelopment Plan”) and designated the Redevelopment Area as a blighted area; and
WHEREAS, the City Council has delegated certain authority for entering into agreements to implement TIF redevelopment plans and redevelopment projects to the Administrative Commission; and
WHEREAS, the City has entered into an agreement with the Economic Development Corporation of Kansas City, Missouri (“EDC”) to provide economic development services, as well as administrative and staff support, and coordination of the activities of the City's economic development and redevelopment agencies including; and
WHEREAS, the TIF Commission, City, and State of Missouri have entered into various agreements to provide incentives for the project described in the Redevelopment Plan (the “Project”); and
WHEREAS, the Redevelopment Plan included estimates of jobs created at the Project and relocated to the Project, along with payroll estimates therefore; and
WHEREAS, it the City Council wishes to examine the Developer’s performance of the project to ensure that the responsibilities and assurance made at the time the project was approved have been fulfilled in accordance with the Redevelopment Plan and related agreements; NOW, THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the City Manager request the Administrative TIF Commission and the EDC to complete a comprehensive review of the Bannister & I-435 Tax Increment Financing Plan to determine if the developer has complied with the provisions of the Redevelopment Plan and any incentive agreements for the project.
Section 2. That the Administrative TIF Commission and the EDC shall report back to the City Council in writing within 60 days on any failures of the project. The report shall include recommendations for enforcement, including but not limited to litigation or termination of incentives.
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