ORDINANCE NO. 220570
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Approving the Twenty-Third Amendment to the Shoal Creek Parkway Tax Increment Financing Plan and directing the City Clerk to send a copy of this ordinance to Clay County.
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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Council of Kansas City, Missouri (the “Council”) by Ordinance No. 54556 passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, passed on August 29, 1991, Ordinance No. 100089, passed on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 (the “Authorizing Ordinances”) created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and
WHEREAS, on November 10, 1994, the Council passed Ordinance No. 941443, which accepted the recommendations of the 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 authorized the Commission to take all such action as may be needed to effectuate the Redevelopment Plan; and
WHEREAS, the First Amendment to the Plan, which provides for the expansion of the boundaries of the Redevelopment Area and provides for the use of tax increment financing revenues to assist in financing construction of certain portions of Shoal Creek Parkway and sidewalks, street lights and appurtenances, was approved by the Council by Ordinance No. 971310, passed October 2, 1997; and
WHEREAS, the Second Amendment to the Plan, which provides for the addition of two redevelopment projects, the expansions of the Redevelopment Area, and for the development of additional commercial space in the expanded Redevelopment Area, was approved by the Council by Ordinance No. 021283 passed on October 31, 2002, with the legal description revised by Ordinance No. 030545 on May 8, 2003; and
WHEREAS, the Third Amendment to the Plan, which provides for the construction of the Flintlock Flyover and Shoal Creek Parkway from I-435 to Pleasant Valley Road, was approved by the Council by Ordinance No. 040457, passed on April 29, 2004; and
WHEREAS, the Fourth Amendment to the Plan, which provides that 80% of the economic activity taxes generated and collected within the Redevelopment Area be utilized to reimburse certain redevelopment project costs identified by the Fourth Amendment and further provides for revisions to the Budget of Redevelopment Project Costs, was approved by the Council by Ordinance No. 041218, passed on November 9, 2004; and
WHEREAS, the Fifth Amendment to the Plan, which provides for modifications to the Budget of Redevelopment Project Costs and further provides for the expansion of the Redevelopment Area to include the proposed alignment of Maplewood’s Parkway between Indiana and Brighton, was approved by the Council by Ordinance No. 060903, passed on August 31, 2006; and
WHEREAS, the Sixth Amendment to the Plan, which provides for modifications to the Budget of Redevelopment Project Costs, specifically for costs related to N. Brighton as well as Searcy Creek Parkway, was approved by the Council by Committee Substitute for Ordinance No. 061320, passed on December 14, 2006; and
WHEREAS, the Seventh Amendment to the Plan, which provides for modifications to the Budget of Redevelopment Project Costs and specifically for costs related to the acquisition of property and further provides for the removal of the Commission Representative from the Advisory Committee, placing him/her as an ex-officio member, was approved by the Council by Ordinance No. 080419, passed on May 8, 2008; and
WHEREAS, the Eighth Amendment to the Plan, which provides for the expansion of the Redevelopment Area and the addition of Redevelopment Project Areas, modifications to the Budget of Redevelopment Projects Costs, and modifications to the Estimated Economic Activity Taxes during the time tax increment financing is authorized, was approved by the Council by Ordinance No. 081118, passed on November 20, 2008; and
WHEREAS, the Ninth Amendment to the Plan, which provides for modifications to the Budget of Redevelopment Project Costs and specifically for costs related to road improvements, was approved by the Council by Committee Substitute for Ordinance No. 090262, passed on April 16, 2009; and
WHEREAS, the Tenth Amendment to the Plan, which provides for modifications to the Budget of Redevelopment Project Costs, the issuance of bonds, modifications to the description of the Redevelopment Area, and the acquisition of right-of-way for road improvements, was approved by the Council by Ordinance No. 110073, passed on March 10, 2011; and
WHEREAS, the Eleventh Amendment to the Plan, which provides for modifications to the Budget of Redevelopment Project Costs and modifications to the Land Acquisition & Disposition Exhibit to include additional properties for right-of-way acquisition, was approved by the Council by Ordinance No. 130532, passed on July 25, 2013; and
WHEREAS, the Twelfth Amendment to the Plan, which provides for modifications to the Budget of Redevelopment Project Costs, the addition of certain public improvements and the expansion of the Redevelopment Area, was approved by the Council by Ordinance No. 160592, passed on August 25, 2016; and
WHEREAS, the Thirteenth Amendment to the Plan, which provides for modifications to the Budget of Redevelopment Project Costs and the addition of certain public improvements, was approved by the Council by Ordinance No. 170327, passed on May 18, 2017; and
WHEREAS, the Fourteenth Amendment to the Plan, which provides for modifications to the Budget of Redevelopment Project Costs and modifications to the Sources of Funds for all redevelopment project costs, was approved by the Council by Ordinance No. 180583, passed on August 23, 2018; and
WHEREAS, the Fifteenth Amendment to the Plan, which provides for a modification to the boundaries of the Redevelopment Area, modifications to the boundaries of Redevelopment Project Areas F, N and O, the removal of Redevelopment Project Areas C, E, H, I, Q, S, T, U, V, W, X, Y, AA, and BB, modifications to the description of the public improvements, modifications to the Budget of Redevelopment Project Costs, and modifications to the Sources and Uses, was approved by the Council by Ordinance No. 190216, passed on April 18, 2019; and
WHEREAS, the Sixteenth Amendment, which provides for (a) modifications to the description of the public improvements contemplated by the Plan, (b) modifications to the Budget of Redevelopment Project Costs, and (c) modifications to the Sources of Funds, passed on November 14, 2019; and
WHEREAS, the Seventeenth Amendment, which provides for modifications to the Redevelopment Schedule as to the completion of the public improvements contemplated by the Plan passed on March 26, 2020; and
WHEREAS, the Eighteenth Amendment, which provides for (a) modifications to the boundaries of Redevelopment Project Area N and Redevelopment Project Area P, (b) modifications to the description of public improvements described by the Plan, (c) modifications to the Budget of Redevelopment Project Costs, (d) modifications to the Sources of Funds, and (e) modifications to the Development Schedule, was approved by the Council by Ordinance No. 201016, passed on December 20, 2020; and
WHEREAS, the Nineteenth Amendment, which provides for (a) modifications to the Budget of Redevelopment Project Costs and (b) modifications to the Sources of Funds, was approved by the Council by Ordinance No. 210134, passed on March 7, 2021; and
WHEREAS, the Twentieth Amendment, which provides for (a) modifications to the Budget of Redevelopment Project Costs and (b) modifications to the Sources of Funds, was approved by the Council by Ordinance No. 210500, passed on June 17, 2021; and
WHEREAS, the Twenty-First Amendment, which provides for (a) modifications to the boundaries of the Redevelopment Area, (b) modifications to the description of public improvements described by the Plan, (c) modifications to the Budget of Redevelopment Project Costs, (d) modifications to the Sources of Funds and (e) modifications to the Development Schedule, was approved by the Council by Ordinance No. 210750, passed on September 16, 2021; and
WHEREAS, the Twenty-Second Amendment, which provides for (a) modifications to the Budget of Redevelopment Project Costs and (2) modifications to the Development Schedule, was approved by the Council by Ordinance No. 220298, passed on April 14, 2022; and
WHEREAS, the Twenty-Third Amendment provides for (a) modifications to the description of the boundaries of the Redevelopment Area and Redevelopment Project Area N, (b) modifications to the description of the public improvements to be implemented pursuant to the Plan, (c) modifications to the Site Plan, (d) modifications to the Budget of Redevelopment Project Costs, (e) modifications to the Sources of Funds and (f) modifications to the Redevelopment Schedule; 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 the Act.
Section 3. That the Council finds that:
(a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the City Council in Ordinance Nos. 941443, 971310, 021283, 030545, 040457, 041218, 060903, 061320, 080419, 081118, 090262, 110073, 130532, 160592, 170327, 180583, 190216, 201016, 210134, 210500, 210750 and 220298 with respect to the Redevelopment Plan are not affected by the Twenty-Third Amendment and apply equally to the Twenty-Third Amendment;
(b) The Redevelopment Area, as amended, is an economic development area, as a whole, 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, as amended by the Twenty-Third Amendment, and the utilization of tax increment financing;
(c) The areas selected as Redevelopment Projects include only those parcels of real property and improvements that will be directly and substantially benefited by the public improvements described by the Redevelopment Plan, as amended by the Twenty-Third Amendment;
(d) The Redevelopment Plan, as amended by the Twenty-Third Amendment, and each Redevelopment Project, conform to the comprehensive plan for the development of the City as a whole;
(e) The estimated dates of completion of the respective Redevelopment Projects and retirement of any 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 authorized by the Plan, as amended;
(f) A plan has been developed for relocation assistance for businesses and residences;
(g) The Twenty-Third Amendment does not alter the cost-benefit analysis previously incorporated within the Redevelopment Plan;
(h) The Twenty-Third Amendment does not include the initial development or redevelopment of any gambling establishment; and
(i) A study has been completed, and the findings of such study satisfy the requirements set out in subdivision (1) of Section 99.810, RSMo.
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Approved as to form and legality:
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Emalea K. Black
Associate City Attorney