ORDINANCE NO. 260297
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Sponsor: City Manager’s Office
Approving the Fourth Amendment to the Metro North Crossing 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 “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 99.8210.1 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 December 10, 2015, the City Council passed Ordinance No. 151011, which accepted the recommendations of the then applicable Kansas City TIF Commission and approved the Metro North Crossing 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 amended three (3) times by Ordinance No. 180020 on February 1, 2018, by Ordinance No. 190895 on November 7, 2019, and by Ordinance No. 210935 on October 21, 2021; and
WHEREAS, a Fourth Amendment to the Redevelopment Plan (“Fourth Amendment”) has been proposed to the City Council, which modifies the Redevelopment Schedule (the “Proposed Fourth Amendment Modifications”); and
WHEREAS, the proposed Fourth Amendment Modifications do not alter the exterior boundaries of the Redevelopment Area or enlarge the exterior boundary of any Redevelopment Project Area described by the Plan, affect the general land uses described by the Plan or change the nature of any Redevelopment Project described by the Redevelopment Plan; and
WHEREAS, the Council wishes to approve the proposed Fourth Amendment; NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the City Council hereby approves and adopts the Fourth Amendment to the Redevelopment 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 Section 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the “Act”).
Section 3. That the Council hereby finds that:
(a) Good cause has been shown for amendment of the Plan, and that the findings of the Council in Ordinance No. 151011, Ordinance No. 180020, Ordinance No. 190895, and ordinance No. 210935, except as expressly modified by the Fourth Amendment, are not affected by the Fourth Amendment and apply equally to the Fourth Amendment;
(b) The Redevelopment Area as a whole is a blighted area, evidenced by defective or inadequate street layout, unsanitary or unsafe conditions including deterioration and dilapidation of site improvements, excessive vacancies, presence of structures below minimum code standards, lack of ventilation, light or sanitary facilities.
(c) The Redevelopment Area 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;
(d) The Redevelopment Plan conforms with the City’s current comprehensive plan and will not alter the land use contemplated by the Gashland/Nashua Land Use Plan and the implementation of the Redevelopment Plan will not change the existing zoning for the Redevelopment Project Areas. The Redevelopment Project shall be subject to the applicable provisions of the City’s Zoning Ordinance as well as other codes and ordinances as may be amended from time to time.
(e) 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;
(f) The estimated dates of completion of the respective Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan, and are not more than 23 years from the adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area;
(g) A plan has been developed for relocation assistance for businesses and residences;
(h) A cost-benefit analysis showing the impact of the Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act; and
(i) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment.
(j) A blight study has been completed and the findings of such study satisfy the requirements provided under subdivision (1) of Section 99.805, RSMo.
Section 4. That the Administrative TIF Commission is authorized to issue obligations in one or more series of bonds secured by the Metro North Crossing Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area 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 stake all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan pursuant to the power delegated to it in Ordinance No. 080726. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 and 99.865, 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, as amended by the Fourth Amendment, the City Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Metro North Crossing Account of the Special Association Fund to the payment of Redevelopment Project Costs within the Redevelopment Area and authorizes the Administrative TIF Commission to pledge such funds on its behalf.
Section 6. That pursuant to Code § 74-12, the timeline for the substantial completion of the improvements contemplated in the Plan is hereby modified to require substantial completion as provided in the Fourth Amendment.
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Approved as to form:
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Emalea Kohler
Associate City Attorney