ORDINANCE NO. 250961
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Sponsor: City Manager’s Office
Approving the Twenty-Fourth Amendment to the Shoal Creek Parkway 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Council of Kansas City, Missouri (the “Council”) by Ordinance No. 54556 passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, passed on August 29, 1991, Ordinance No. 100089, passed on January 28, 2010, Ordinance No. 130986, passed on December 19, 2013, and Committee Substitute for Ordinance No. 140823, as amended, passed on June 18, 2015 and Committee Substitute for Ordinance No. 230524, passed on June 22, 2023, created commission 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 November 10, 1994, the Council passed Ordinance No. 941443, which accepted the recommendations of the then applicable Kansas City TIF Commission as to the approval of Shoal Creek Parkway Tax Increment Financing Plan (the "Redevelopment Plan" or "Plan") and the designation of the Redevelopment Area described thereby as an economic development area; and
WHEREAS, the Redevelopment Plan has been amended twenty-three times by the Council by Ordinance No. 971310 on October 2, 1997, by Ordinance No. 021283 on October 31, 2002, with the legal description revised by Ordinance No. 030545 on May 8, 2003, by Ordinance No. 040457 on April 29, 2004, by Ordinance No. 041218 on November 9, 2004, by Ordinance No. 060903 on August 31, 2006, by Committee Substitute for Ordinance No. 061320 on December 13, 2006, by Ordinance No. 080419 on May 8, 2008, by Ordinance No. 081118 on November 20, 2008, by Committee Substitute for Ordinance No. 090262 on April 16, 2009, by Ordinance No. 110073 on March 10, 2011, by Ordinance No. 130532 on July 25, 2013, by Ordinance No. 160592 on August 25, 2016, by Committee Substitute for Ordinance No. 170327 on May 18, 2017, by Ordinance No. 180583 on August 23, 2018, by Ordinance No. 190216 on April 18, 2019, by Ordinance No. 190894 on November 14, 2019, by Ordinance No. 200217 on March 26, 2020, by Ordinance No. 201016 on December 10, 2020, by Committee Substitute for Ordinance No. 210134 on February 25, 2021, by Ordinance No. 210750 on September 16, 2021, by Ordinance No. 220298 on April 14, 2022, and by Ordinance No. 220570 on July 14, 2022; and
WHEREAS, a Twenty-Fourth Amendment to the Redevelopment Plan (“Twenty-Fourth Amendment”) was proposed to the Clay County KC TIF Commission, having been duly constituted and its members appointed, after proper notice was given, met in a public hearing on October 8, 2025, and after it received comments of all interested persons and taxing districts, (i) closed the public hearing, (ii) approved the Twenty-Fourth Amendment and (iii) recommended that the City Council approve the Twenty-Fourth Amendment; and
WHEREAS, the Twenty-Fourth Amendment (A) modifies the description of public improvements described by the Plan, (B) modifies the Estimated Redevelopment Project Costs by increasing the amount of redevelopment project costs related to Soccer Drive, (C) modifies the Sources of Funds, (D) modifies the Development Schedule, and (E) modifies certain exhibits to and sections of the Plan that are in furtherance of the foregoing (collectively, the “Twenty-Fourth Amendment Modifications”); and
WHEREAS, the proposed Twenty-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; NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. The Twenty-Fourth Amendment, a copy of which is attached hereto, is hereby approved.
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 Twenty Fourth Amendment of the Plan and that the findings of the Council in Ordinance No. 941443, Ordinance No. 971310, Ordinance No. 021283, Ordinance No. 030545, Ordinance No. 040457, Ordinance No. 041218, Ordinance No. 060903, Committee Substitute for Ordinance No. 061320, Ordinance No. 080419, Ordinance No. 08111, Committee Substitute for Ordinance No. 090262, Ordinance No. 110073, Ordinance No. 130532, Ordinance No. 160592, Committee Substitute for Ordinance No. 170327, Ordinance No. 180583, Ordinance No. 190216, Ordinance No. 190894, Ordinance No. 200217, Ordinance No. 201016, Committee Substitute for Ordinance No. 210134, Ordinance No. 210750, Ordinance No. 220298 , and by Ordinance No. 220570, except as expressly identified by the Twenty-Fourth Amendment, are not affected by the Twenty-Fourth Amendment and apply equally to the Twenty-Fourth Amendment.
Section 4. That the Council hereby finds that:
a. The Twenty-Fourth Amendment does not alter the previous finding of the Council in Ordinance No. 941443 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 Twenty-Fourth 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 Twenty-Fourth 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 Twenty-Fourth 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 Twenty-Fourth 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 Shoal Creek Parkway Tax Increment Financing Plan Account of the Special Allocation Fund to finance Redevelopment Project Costs identified by the Redevelopment Plan, as amended by the Twenty-Fourth 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 Twenty-Fourth 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 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 each Redevelopment Project described by the Redevelopment Plan to the payment of Redevelopment Project Costs identified by the Redevelopment Plan, as amended by the Twenty-Fourth Amendment, and authorizes the Administrative TIF 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