ORDINANCE NO. 140606
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Approving and designating Redevelopment Project Area 10 of the Bannister & I-435 Tax Increment Financing Plan as amended by the First Amendment to the Bannister & I-435 Tax Increment Financing Plan as a Redevelopment Project; adopting tax increment financing therefor; and directing the City Clerk to transmit copies of this ordinance.
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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 “TIF Act”), the City Council of Kansas City, Missouri 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, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and
WHEREAS, the City Council approved the Bannister & I-435 Tax Increment Financing Plan by Committee Substitute for Ordinance No. 130737, passed on October 10, 2013; and
WHEREAS, the City Council subsequently approved the First Amendment to the Bannister & I-435 Tax Increment Financing Plan (the Bannister & I-435 Tax Increment Financing Plan as amended by the First Amendment to the Bannister & I-435 Tax Increment Financing Plan is referred to herein as the “Redevelopment Plan”) and designated the Redevelopment Area as a blighted area; and
WHEREAS, the Redevelopment Plan contemplates the implementation of the Redevelopment Plan through a number of separate Redevelopment Projects and the adoption of tax increment financing in each of the areas selected for such Redevelopment Projects; 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 the TIF Act.
Section 2. That the area selected for Redevelopment Project Area 10 legally described as follows:
A tract of land situated in a portion of the Southwest Quarter of Section 24, Township 48 North, Range 33 West of the 5th Principal Meridian, in the Kansas City, Jackson County, Missouri being more particularly described as follows:
(Note: The bearing system in the following description is based on Grid North, Missouri Coordinate System of 1983/97).
Commencing at the Northeast corner of the Southwest Quarter of said Section 24; thence North 86 degrees 46 minutes 23 seconds West 1408.15 feet along the North line of said Southwest Quarter; thence South 03 degrees 13 minutes 37 seconds West 2130.86 feet to point on a non-tangent curve concave to the Northwest having a radius of 1720.00 feet said point being the True Point of Beginning of the tract herein described; thence Southwesterly 361.84 feet, along said curve to the right having a chord bearing South 17 degrees 04 minutes 32 seconds West 361.17 feet, to the beginning of a compound curve concave to the Northwest having a radius of 35.00 feet; thence Southwesterly 34.73 feet, along said curve to the right having a chord bearing South 51 degrees 31 minutes 34 seconds West 33.32 feet, to the beginning of a reverse curve concave to the Southeast having a radius of 117.50 feet; thence Southwesterly 190.09 feet, along said curve to the left having a chord bearing South 33 degrees 36 minutes 11 seconds West 170.03 feet, to the beginning of a non-tangent curve concave to the Southwest having a radius of 35.00 feet; thence Northwesterly 34.19 feet, along said curve to the left having a chord bearing North 40 degrees 43 minutes 43 seconds West 32.85 feet, to the beginning of a compound curve concave to the South having a radius of 2955.00 feet; thence Westerly 226.11 feet, along said curve to the left having a chord bearing North 79 degrees 21 minutes 51 seconds West 1092.29 feet, to the beginning of a reverse curve concave to the North having a radius of 1095.00 feet; thence Westerly 463.81 feet, along said curve to the right having a chord bearing North 77 degrees 52 minutes 49 seconds West 460.35 feet, to a point on the Easterly Right-of-Way line of Interstate I-435 and the Westerly line of Tract H “Replat of Bannister Mall tracts I thru X, Inclusive”; thence North 28 degrees 23 minutes 22 seconds East 909.01 feet along said Easterly Right-of-Way line; thence South 88 degrees 36 minutes 41 seconds East 237.95 feet along said Easterly Right-of-Way line; thence North 01 degrees 29 minutes 52 seconds East 133.15 feet along said Easterly Right-of-Way line; thence South 58 degrees 50 minutes 53 seconds East 75.55 feet to the beginning of a curve concave to the North having a radius of 571.00 feet; thence Easterly 401.23 feet along said curve to the left having a chord bearing South 81 degrees 12 minutes 39 seconds East 393.03 feet; thence South 11 degrees 20 minutes 29 seconds East 162.40 feet; thence South 44 degrees 57 minutes 33 seconds East 274.27 feet; thence South 55 degrees 17 minutes 41 seconds East 509.57 feet to the True Point of Beginning of the tract herein described containing 1256516 square feet or 28.8456 acres more or less.
is approved and designated by the First Amendment to the Bannister & I-435 Tax Increment Financing Plan as Redevelopment Project Area 10 (“Project Area 10”).
Section 3. That tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for Project Area 10. Pursuant to the TIF Act, as it may be amended from time to time and incorporated herein, after the total equalized assessed valuation of the taxable real property in Project Area 10 exceeds the certified total initial equalized assessed valuation of the taxable real property in Project Area 10, 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 the TIF Act 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 10 shall be allocated to and, when collected, shall be paid by the Jackson 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 10 over and above the initial equalized assessed value of each such unit of property in the area selected for Project Area 10 shall be allocated to and, when collected, shall be paid to the City Treasurer who shall deposit such payments in lieu of taxes, which are necessary to the payment of Project Area 10 Costs within the Redevelopment Area, 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 or taxing districts, and which are generated by economic activities within the area selected for Project Area 10 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.
Section 5. That the City Clerk shall send a copy of this ordinance to the County Clerk and County Executive of Jackson County, Missouri.
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Approved as to form and legality:
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Brian T. Rabineau
Assistant City Attorney