ORDINANCE NO. 250962
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Sponsor: Councilmember Nathan Willett
Approving the Ninth Amendment to the Platte Purchase Development Plan; approving a Financing Agreement among the City, the TIF Commission, Twin Creek Village East Community Improvement District and The Industrial Development Authority of the City of Kansa City, Missouri.
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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 “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, Committee Substitute for Ordinance No. 140823, as amended on, June 18, 2015, Committee Substitute for Ordinance No. 230524, passed on June 22, 2023, and by Committee Substitute for Ordinance No. 240045 on March 21, 2024 created commissions constituted pursuant to Section 99.820.2 (the “Kansas City TIF Commission”) and Section 99.820.3 of the Act (the “Clay County KC TIF Commission”); and
WHEREAS, the City created the Administrative TIF Commission and has delegated all powers delegable under the Act, in particular powers enumerated in Section 99.820.1 RSMo., in connection with administering tax increment financing plans and projects to the Administrative TIF Commission, as provided in Code § 74-58; and
WHEREAS, on July 28, 2016, the City Council passed Ordinance No. 160415, which accepted the recommendations of the then applicable Kansas City TIF Commission and approved the Platte Purchase Development Plan (the “Redevelopment Plan”) and designated the Redevelopment Area described therein to be an economic development area (the “Redevelopment Area”); and
WHEREAS, the Redevelopment Plan has been amended eight (8) times by Ordinance No. 170971 on December 14, 2017, by Ordinance No. 190264 on April 18, 2019, by Ordinance No. 190826 on October 17, 2019, by Ordinance No. 200205 on April 16, 2020, by Ordinance No. 200709 on September 17, 2020, by Ordinance No. 210889 on October 7, 2021, by Ordinance No. 220346 on May 5, 2022, and by Ordinance No. 240888 on October 31, 2024; and
WHEREAS, a Ninth Amendment to the Redevelopment Plan (“Ninth Amendment”) was proposed to the Clay County KC TIF Commission and the Kansas City TIF Commission, and both the Clay County KC TIF Commission and the Kansas City TIF Commission, having been duly constituted and its members appointed, after proper notice was given, met in separate public hearings on October 8, 2025, and after each received comments of all interested persons and taxing districts, each (i) closed their respective public hearings, (ii) approved the Ninth Amendment and (iii) recommended that the City Council approve the Ninth Amendment; and
WHEREAS, the Ninth Amendment provides for modifications to the (a) description of the Redevelopment Projects and Redevelopment Project Areas, (b) description of the Project Improvements and Public Improvements, (c) Specific Objectives of the Plan, (d) Estimated Budget of Redevelopment Projects, (e) most recent equalized assessed value of the of the Redevelopment Projects Areas, (f) estimated equalized assessed valuation after redevelopment, (g) Sources Funds described by the Plan, (h) Cost-Benefit Analysis, and (i) exhibits to the Plan with such other conforming changes that are in furtherance of the forgoing modifications; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. The Ninth Amendment is hereby approved and adopted as valid.
Section 2. That all terms used in this ordinance, not otherwise defined herein, 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 City Council hereby finds that good cause has been shown for the Ninth Amendment of the Plan and that the findings of the Council in Ordinance No. 160415, Ordinance No. 170971, Ordinance No. 190264, Ordinance No. 200205, Ordinance No. 200709, Ordinance No. 210889, Ordinance No. 220346 and Ordinance No. 240888, except as expressly modified by the Ninth Amendment, are not affected by the Ninth Amendment and apply equally to the Ninth Amendment
Section 4. That the Council hereby finds that:
a. The Ninth Amendment does not alter the previous finding of the Council in Ordinance No. 160415 that the Redevelopment Area as a whole is an economic development area, as defined in Section 99.805 of the Act, 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.
b. The Redevelopment Plan, as amended by the Ninth Amendment, conforms to the comprehensive plan for the development of the City as a whole.
c. 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.
d. The estimated dates of completion of the Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs have been stated in the Redevelopment Plan, as amended by the Ninth Amendment, and are not more than 23 years from the passage of any ordinance approving a Redevelopment Project within the Redevelopment Area.
e. The Redevelopment Plan, as amended by the Ninth Amendment, includes a plan for relocation assistance for businesses and residences.
f. A cost-benefit analysis showing the impact of the Redevelopment Plan on each taxing district which is at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act.
g. The Redevelopment Plan, as amended by the Ninth Amendment, does not include the initial development or redevelopment of any gambling establishment.
h. A study has been completed and the findings of such study satisfy the requirements provided under Section 99.810, RSMo.
Section 5. That the Administrative TIF Commission is authorized to issue obligations in one or more series of bonds secured by Platte Purchase Development Plan Account of the Special Allocation Fund to finance Redevelopment Project Costs identified by the Redevelopment Plan, as amended by the Ninth Amendment, 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 Administrative TIF 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, as amended by the Ninth Amendment. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865 of the Act, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
Section 6. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all economic activity taxes generated within Redevelopment Projects that are deposited into the Special Allocation Fund(s) established in connection with each Redevelopment Project described by the Redevelopment Plan to the payment of Redevelopment Project Costs identified by the Redevelopment Plan, as amended by the Ninth Amendment, and authorizes the Administrative TIF Commission to pledge such funds on its behalf.
Section 7. That the City Manager is authorized to execute a Financing Agreement among the City, the Administrative TIF Commission, Twin Creek Village East Community Improvement District, and the Authority.
Section 8. That the Mayor, City Manager, and Director of Finance are authorized to execute all such other documents, certificates and instruments as may be necessary to carry out and comply with the intent of this ordinance and comply with and perform the duties of the City with respect to the Financing Agreement.
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Approved as to form:
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Emalea Kohler
Associate City Attorney