ORDINANCE NO. 260914
title
Sponsor: Director of City Planning and Development Department
Approving the Twenty-Third Amendment to the KCI Corridor Tax Increment Financing Plan.
body
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Council of Kansas City, Missouri (the “Council”) by Ordinance No. 54556 passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, passed on August 29, 1991, Ordinance No. 100089, passed on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, Committee Substitute for Ordinance No. 230524, passed on June 22, 2023, and by Committee Substitute for Ordinance No. 240045 on March 21, 2024 created commission constituted pursuant to Section 99.820.2 (the “Kansas City 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 March 11, 1999, the Council passed Ordinance No. 990256, which accepted the recommendations of the Kansas City TIF Commission as to the approval of the KCI Corridor 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. 040618 on June 10, 2004, by Ordinance No. 040619 on June 10, 2004, by Ordinance No. 040620 on June 10, 2004, by Ordinance No. 040621 on June 10, 2004, by Ordinance No. 050107 on February 3, 2005, by Ordinance No. 060326 on March 30, 2006, by Ordinance No. 080211 on March 13, 2008, Ordinance No.090260 on April 16, 2009, by Ordinance No. 101007 on December 16, 2010, by Ordinance No. 110603 on September 1, 2011, by Ordinance No. 120485 on June 7, 2012, by Ordinance No. 120618 on July 19, 2012, by Ordinance No. 130108 on March 28, 2013, by Ordinance No. 140092 on February 6, 2014, by Ordinance No. 140907 on October 30, 2014, by Ordinance No. 160416 on July 14, 2017, by Ordinance No. 170970 on December 14, 2017, by Ordinance No. 190827 on October 17, 2019, by Ordinance No. 200204 on April 20, 2020, by Ordinance No. 200710 on September17, 2020, by Ordinance No. 220297 on April 24, 2022, and by Ordinance No. 230492 on June 25, 2023; and
WHEREAS, a Twenty-Third Amendment to the Redevelopment Plan (“Twenty-Third Amendment”) was proposed to the Kansas City TIF Commission, having been duly constituted and its members appointed, after proper notice was given, met in a public hearing on September 9, 2026, and after it received comments of all interested persons and taxing districts, (i) closed the public hearing, (ii) approved the Twenty-Third Amendment and (iii) recommended that the City Council approve the Twenty-Third Amendment; and
WHEREAS, Twenty-Third Amendment provides for (A) the addition of certain public infrastructure improvements contemplated by the Plan; (B) certain modifications to the Budget Redevelopment Project Costs identified by the Plan, (C) certain modifications to the Sources of Funds for all estimated Redevelopment Project Costs identified by the Plan, (D) certain modifications to the Redevelopment Schedule, and (E) the inclusion of all conforming changes within the Exhibits to the Plan that are in furtherance of the foregoing modifications; and
WHEREAS, the Council wishes to approve the proposed Twenty-Third Amendment; NOW, THEREFORE
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. The Twenty-Third 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-Third Amendment of the Plan and that the findings of the Council in Ordinance No. 990256, Ordinance No. 040618, by Ordinance No. 040619, by Ordinance No. 040620, by Ordinance No. 040621, by Ordinance No. 050107, by Ordinance No. 060326, by Ordinance No. 080211, Ordinance No.090260, by Ordinance No. 101007, by Ordinance No. 110603, by Ordinance No. 120485, by Ordinance No. 120618, by Ordinance No. 130108, by Ordinance No. 140092, by Ordinance No. 140907, by Ordinance No. 160416, by Ordinance No. 170970, by Ordinance No. 190827, by Ordinance No. 200204, by Ordinance No. 200710, by Ordinance No. 220297, and by Ordinance No. 230492, except as expressly identified by the Twenty-third Amendment, are not affected by the Twenty-Third Amendment and apply equally to the Twenty-Third Amendment.
Section 4. That the Council hereby finds that:
a. 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-Third 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-Third 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-Third 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-Third 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 KCI Corridor 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-Third 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 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-Third 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-Third Amendment, and authorizes the Administrative TIF Commission to pledge such funds on its behalf
end
______________________________________________________
Approved as to form:
______________________________
Emalea Kohler
Associate City Attorney