ORDINANCE NO. 240950

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Sponsor:  Director of City Planning and Development Department

Approving a plan for the transfer of assets from the expired Red Bridge Community Improvement District to the separate Red Bridge Shopping Center Community Improvement District.

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WHEREAS, by Ordinance No. 080979, adopted on November 6, 2008, and pursuant to the Community Improvement District Act, Sections 67.1401 through Section 67.1571, RSMo., as amended (“Act”), the City Council approved the formation of the Red Bridge Community Improvement District (“Expired District”) generally located on either side of Red Bridge Road between Oak Street on the west and Holmes Road on the east in Kansas City, Jackson County, Missouri, for a ten (10)-year term; and

WHEREAS, the Expired District, and its authority to impose a sales tax and special assessment, as approved pursuant to the Act, automatically expired in 2018; and

WHEREAS, the Expired District has not been active and has not collected any sales tax or special assessment revenues since 2018, except that there remains approximately $25,000.00 of Expired District revenues (“Funds”) in a bank account; and

WHEREAS, by Committee Substitute for Ordinance No. 150780, adopted on September 17, 2015, pursuant to the Act, the City Council approved the formation of the separate Red Bridge Shopping Center Community Improvement District (“Red Bridge Shopping Center CID”) generally located at the southwest corner of the intersection of Holmes Road and Red Bridge Road in Kansas City, Jackson County, Missouri, for a thirty (30-year) term, subject to extensions; and

WHEREAS, the City Council approved an amendment to the boundaries of the Red Bridge Shopping Center CID pursuant to the Act by Ordinance No. 190888 adopted on October 31, 2019; and 

WHEREAS, the City Council approved formation of the Red Bridge Shopping Center CID to facilitate the redevelopment of the Red Bridge Shopping Center and eliminate blighting conditions found to exist within the Red Bridge Shopping Center CID; and

WHEREAS, the Red Bridge Shopping Center CID is active and currently imposes a sales and use tax at the rate of one percent (1.0%) and a special assessment to fund its operations; and

WHEREAS, the Red Bridge Shopping Center is located within the partially overlapping boundaries of both the Expired District, as it previously existed, and the Red Bridge Shopping Center CID; and

WHEREAS, Section 67.1481.5 of the Act states that upon termination of the Expired District assets of the Expired District shall be sold or transferred in accordance with a plan for dissolution as approved by ordinance.  It further states that “[e]very effort should be made by the municipality for the assets of the district to be distributed in such a manner so as to benefit the real property which was formerly a part of the district.;” and

WHEREAS, the surviving directors of the Expired District adopted Resolution No. 2024-1 dated September 26, 2024, authorizing the transfer of the Funds from the Expired District to the Red Bridge Shopping Center CID for use to benefit the Red Bridge Shopping Center in accordance with the Act; and

WHEREAS, the directors the Red Bridge Shopping Center CID adopted Resolution No. 2024-5 dated September 26, 2024, authorizing the acceptance of the Funds from the Expired District, and further authorizing the use of the Funds for the benefit of the Red Bridge Shopping Center in accordance with the Act; and

WHEREAS, to allow for the closure of the bank account in which the Funds are deposited, the Red Bridge Shopping Center CID has requested approval for the transfer of the Funds to the Red Bridge Shopping Center CID for use within the Red Bridge Shopping Center CID pursuant to the Act; and

WHEREAS, the transfer of the Funds to the Red Bridge Shopping Center CID will be consistent with the purpose of both districts; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1.  That the plan for the transfer of the remaining revenues of the expired Red Bridge CID to the Red Bridge Shopping Center CID is approved pursuant to Section 67.1481.5, RSMo., of the Community Improvement District Act.

Section 2.  That the Red Bridge Shopping Center CID shall use the remaining revenues within the boundaries of the Red Bridge Shopping Center CID pursuant to the Act for the benefit of the Red Bridge Shopping Center.

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Approved as to form:

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Eluard Alegre

Associate City Attorney