ORDINANCE NO. 260937
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Sponsor: Director of City Planning and Development Department
Approving the Sixth Amendment to the Antioch Mall Tax Increment Financing Plan.
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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 “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, which also established the Clay County Kansas City Tax Increment Financing Commission (the “Commission”) (“Enabling Ordinances”); 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, the original Antioch Mall Tax Increment Financing Plan was approved by Second Committee Substitute for Ordinance No. 050833 on March 23, 2006, and has been subsequently amended by the First Amendment approved by Ordinance 071008 on September 25, 2008, the Second Amendment approved by Ordinance No. 090036 on January 29, 2009, the Third Amendment approved by Ordinance 120176 on April 12, 2012, the Fourth Amendment approved by Ordinance 170535 August 3, 2017, and the Fifth Amendment approved by Ordinance 170875 on November 9, 2017 (collectively referred to herein as the “Plan”); and
WHEREAS, the purpose of the Sixth Amendment is to provide certain modifications to the boundaries of the Redevelopment Area of the Plan in order to expand the target area for the Housing Program and modify the guidelines for the Antioch Mall Enhancing Neighborhoods Housing Program to increase the maximum one time grant amount for single family homes to $20,000, 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 Sixth Amendment described therein at 9:35 AM on August 13, 2026, at which time, after receiving the comments of all interested persons and taxing districts, the Commission approved Resolution No. 8-3-26 (the “Resolution”) recommending to the City Council the approval of the Sixth Amendment to the Antioch Mall Tax Increment Financing Plan.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the City Council hereby approves the recommendations of the Commission concerning the Sixth Amendment to the Antioch Mall Tax Increment Financing Plan ("Sixth Amendment") as set forth in the Resolution.
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 Council hereby finds that:
(a) The Sixth Amendment does not alter the City Council's previous finding that the Redevelopment Area on the 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 “but for” the adoption of tax increment financing.
(b) The additional properties of the Sixth Amendment shall be designated as part of the Redevelopment Area of the Plan and qualify as conservation areas which have 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 Sixth Amendment, conforms to the comprehensive plan for the development of the City as a whole.
(c) The Sixth 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 Sixth Amendment does not alter the Redevelopment Plan that no contemplated property acquisition shall occur by eminent domain.
(d) The Sixth Amendment does not alter the Redevelopment Plan's relocation assistance for businesses and residences;
(e) The Sixth 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 Sixth Amendment does not include the initial development or redevelopment of any gambling establishment.
Section 4. That the Administrative TIF 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, pursuant to the power delegated to it in the Enabling Ordinances. 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 Antioch Mall Enhancing Neighborhoods Housing Program of the Redevelopment Plan and authorizes the Commission to pledge such funds on its behalf.
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Approved as to form:
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Emalea Kohler
Associate City Attorney