ORDINANCE NO. 211013

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Approving and designating Redevelopment Project G2 of the Arlington Road Tax Increment Financing Plan as a Redevelopment Project and 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 “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, Ordinance No. 130986, passed on December 19, 2013, and Committee Substitute for Ordinance No. 140823, As Amended, passed on June 18, 2015, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, on December 10, 2015, the City Council passed Ordinance No. 140916, which approved the Arlington Road Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area as a blighted area.  The Plan has been amended five times; and

WHEREAS, a sixth amendment to the Arlington Road Tax Increment Financing Plan ("Redevelopment Plan") is pending before the City Council as Ordinance No. 210981; and

WHEREAS, the Redevelopment Plan, as amended contemplates the implementation of the Redevelopment Plan through twenty-four Redevelopment Projects and the adoption of tax increment financing in the area selected for such Redevelopment Project; 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 G2 legally described as follows:

A tract of land in the Southeast and Northeast Quarter of Section 3 and the Northwest Quarter of Section 2, Township 50 North, Range 32 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri being bounded and described as TIF boundary as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 2; thence North 00°40'32" East, on the East line of said Southwest Quarter, 1,469.61 feet; thence leaving said East line, North 89°19'28" West, 2,948.32 feet to the Point of Beginning of the tract of land to be herein described; thence North 89°25'30" West, 487.44 feet; thence North 00°43'54" East, 133.40 feet; thence North 89°39'05" West, 488.66 feet; thence North 00°43'54" East, 891.18 feet; thence South 89°39'05" East, 488.66 feet; thence North 00°43'54" East, 862.10 feet; thence South 89°19'48" East, 971.99 feet; thence South 00°40'12" West, 344.50 feet; thence North 89°19'48" West, 488.81 feet; thence South 00°35'13" West, 1,541.36 feet to the Point of Beginning. Containing 1,518,913 square feet or 34.87 acres, more or less. All lying below the top of the Winterset Ledge of Limestone Rock and lying above elevation 700 (NAVD 88)

is approved and designated as the Arlington Road Tax Increment Financing Plan Redevelopment Project G2 (Project G2).

Section 3. That tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for Project G2. After the total equalized assessed valuation of the taxable real property in Project G2 exceeds the certified total initial equalized assessed valuation of the taxable real property in Project G2 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 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 G2 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 G2 over and above the initial equalized assessed value of each such unit of property in the area selected for Project G2 shall be allocated to and, when collected, shall be paid to the City Treasurer who shall deposit such payment 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 or taxing districts, and which are generated by economic activities within the area selected for Project G2 over the amount of such taxes generated by economic activities within such area in the calendar year prior to the adoption 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 and obligations incurred in the payment thereof.

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Approved as to form and legality:

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Emalea Black

Assistant City Attorney