ORDINANCE NO. 240634
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Sponsor: City Manager
Approving and designating Redevelopment Project Area K of the Arlington Road Tax Increment Financing Plan as a Redevelopment Project Area; and adopting tax increment financing therefore
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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 and Committee Substitute for Ordinance No. 230524, passed on June 22, 2023, created the Tax Increment Financing Commission of Kansas City, Missouri (the “Commission”); and
WHEREAS, on November 6, 2014, the City Council passed Committee Substitute for Ordinance No. 140916 approving the Arlington Road Tax Increment Financing Plan (the “Redevelopment Plan”), and designated the area described therein as a redevelopment area (the “Redevelopment Area”); and
WHEREAS, the City Council, by Ordinance No. 150758, accepted the recommendations of the Commission, and approved the First Amendment to the Redevelopment Plan on September 17, 2015; and
WHEREAS, the City Council, by Ordinance No. 160241, accepted the recommendations of the Commission, and approved the Second Amendment to the Redevelopment Plan on April 7, 2016; and
WHEREAS, the City Council, by Ordinance No. 170865, accepted the recommendations of the Commission, and approved the Third Amendment to the Redevelopment Plan on November 9, 2017; and
WHEREAS, the City Council, by Ordinance No. 180280, accepted the recommendations of the Commission, and approved the Fourth Amendment to the Redevelopment Plan on June 21, 2018; and
WHEREAS, the City Council, by Ordinance No. 190996, accepted the recommendations of the Commission, and approved the Fifth Amendment to the Redevelopment Plan on December 19, 2019; and
WHEREAS, the City Council, by Ordinance No. 210981, accepted the recommendations of the Commission, and approved the Sixth Amendment to the Redevelopment Plan on November 10, 2021; and
WHEREAS, the City Council, by Ordinance No. 220090, accepted the recommendations of the Commission, and approved the Seventh Amendment to the Redevelopment Plan on February 3, 2022; and
WHEREAS, the City Council, by Ordinance No. 221033, accepted the recommendations of the Commission, and approved the Eighth Amendment to the Plan on December 8, 2022; and
WHEREAS, a Ninth Amendment to the Redevelopment Plan (the “Ninth Amendment”) and a new Redevelopment Project Area K were each proposed to the Commission and the Commission, having been duly constituted in accordance with Section 99.820.3 of the Act, and its members appointed, after proper notice was given, met in public hearing, and after receiving the comments of all interested persons and taxing districts, closed the public hearing on July 10, 2024, and adopted Resolution No. 07-2-24 recommending approval of the Ninth Amendment to the Redevelopment Plan and Resolution 7-4-24 recommending the approval and designation of Redevelopment Project Area K; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That all terms used in this ordinance shall be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended.
Section 2. That the area selected for Redevelopment Project Area K is legally described as follows:
A tract of land in the West Half of Section 2 and Section 3 Township 50 North, Range 32 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri being bounded and described by or under the direct supervision of Jeffrey P. Means P.L.S. 2000147866, as a tax increment financing area as follows: Commencing at the Southeast corner the Southwest Quarter of said Section 2; thence North 00°40'32" East on the East line of said Southwest Quarter, 2,633.25 feet to the center of said Section 2; thence North 89°24'17" West on the North line of said Southwest Quarter, 1,695.53 feet to the Point of Beginning of the tract of land to be herein described; thence leaving said North line South 00°33'24" West, 649.95 feet; thence North 90°00'00" East, 192.43 feet; thence South 00°00'00" East, 587.19 feet; thence South 88°53'31" East, 126.71 feet; thence South 00°58'15" West, 763.55 feet; thence North 89°01'45" West, 3,107.23 feet; thence South 01°24'27" West, 597.17 feet; thence North 89°13'05" West, 606.30 feet; thence North 89°03'18" West, 285.42 feet; thence North 00°30'36" East, 4,844.60 feet; thence South 88°55'12" East, 3,593.30 feet; thence South 01°05'43" West, 390.61 feet; thence South 00°33'24" West, 1,621.88 feet; thence North 90°00'00" East, 102.89 feet; thence South 00°33'24" West, 229.99 feet to the Point of Beginning. Containing 16,345,352 square feet or 375.24 acres, more or less. all lying below the winterset ledge of limestone rock. in areas where the winterset ledge is absent, lying below the bethany falls ledge. But all other areas where no ledge is present lying above the elevation 720 (NAVD88) and except “Below-Ground Redevelopment Project Area A1” defined in the “Arlington Road Tax Increment Financing Plan” recorded as Ordinance 140916 on November 6th, 2014 and except “Below-Ground Redevelopment Project Area F”, “Below-Ground Redevelopment Project Area G1”, and “Below-Ground Redevelopment Project Area I1” defined in the “First Amendment To The Arlington Road Tax Increment Financing Plan” recorded as Ordinance 150758 on September 17, 2015 and except “Below-Ground Redevelopment Project Area H1” defined in the “Third Amendment To The Arlington Road Tax Increment Financing Plan” recorded as Ordinance 170865 on November 9, 2017 and except “Below-Ground Redevelopment Project Area A2” and “Below-Ground Redevelopment Project Area J1” defined in the “Fifth Amendment To The Arlington Road Tax Increment Financing Plan” recorded as Ordinance 190996 on December 19, 2019 and except “Below-Ground Redevelopment Project Area G2” and “Below-Ground Redevelopment Project Area A3” defined in the “Sixth Amendment To The Arlington Road Tax Increment Financing Plan” recorded as Ordinance 210981 on November 10, 2021 and except “Below-Ground Redevelopment Project Area J2” defined in the “Eighth Amendment To The Arlington Road Tax Increment Financing Plan” recorded as Ordinance 221033 on December 8, 2022 (“ Redevelopment Project Area K”).
Section 3. That tax increment allocation financing is hereby adopted for taxable real property in the above-described area selected for Redevelopment Project Area K. After the total equalized assessed valuation of the taxable real property in Redevelopment Project Area K exceeds the certified total initial equalized assessed valuation of the taxable real property in Redevelopment Project Area K, the ad valorem taxes, and payment in lieu of taxes, if any, arising from the levies upon the taxable real property in such project by taxing districts and tax rates determined in the manner provided in subsection 2 of Section 99.855 each year after the effective date of the ordinance until redevelopment project costs have been paid shall be divided as follows:
1. That portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the initial equalized assessed value of each such taxable lot, block, tract or parcel of real property in the area selected for the Project Area K shall be allocated to and, when collected, shall be paid by the Clay County Collector and the City Treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing;
2. Payments in lieu of taxes attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the area selected for Project Area K over and above the initial equalized assessed value of each such unit of property in the area selected for Project Area K shall be allocated to and, when collected, shall be paid to the City Treasurer who shall deposit such payments in lieu of taxes into a special fund called the “Special Allocation Fund” of the City for the purpose of paying Redevelopment Project Costs and obligations incurred in the payment thereof. Any payments in lieu of taxes which are not paid within sixty (60) days of the due date shall be deemed delinquent and shall be assessed a penalty of one percent (1%) per month.
Section 4. That in addition to the payments in lieu of taxes described in subsection 2 of Section 3 above, fifty percent (50%) of the total additional revenue from taxes which are imposed by the City and certain taxing districts, and which are generated by economic activities within the area selected for Project Area K over the amount of such taxes generated by economic activities within such area in the calendar year prior to the passage of this ordinance, while tax increment financing remains in effect, but excluding certain taxes, fees and special assessments specifically identified by the Act, other than payments in lieu of taxes, shall be allocated to, and paid by the collecting officer to the City Treasurer or other designated financial officer of the City, who shall deposit such funds, which are necessary to the payment of Redevelopment Project Costs identified by the Redevelopment Plan, in a separate segregated account within the Special Allocation Fund for the purpose of paying Redevelopment Project Costs.
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Approved as to form:
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Emalea Black
Associate City Attorney