ORDINANCE NO. 240995

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Sponsor:  City Manager’s Office

Approving the 49th and Montgall PIEA General Development Plan on an irregular shaped tract approximately four acres generally located east of Prospect Avenue to Montgall Avenue between 49th and 51st Street in Kansas City, Missouri, and declaring said area to be blighted and in need of redevelopment and rehabilitation. (CD-CPC-2023-00061)

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WHEREAS, the Planned Industrial Expansion Authority of Kansas City, Missouri (the “Authority”) did prepare or cause to be prepared the 49th and Montgall PIEA General Development Plan and recommended that the council approve the finding of blight and approve the General Development Plan for the area; and

WHEREAS, the City Plan Commission has reviewed and recommended approval of the finding of blight of the 49th and Montgall PIEA Street General Development Plan on June 20, 2023, as evidenced by its disposition of the case and its written recommendations submitted to the City; and

WHEREAS, Section 100.400, RSMo, authorizes the Council to make a finding that an area is a blighted area and approve a general development plan for such area if the Council finds that the plan is feasible and in conformity with the general plan for the development of the community as a whole; and

WHEREAS, on October 6, 2016, the City did pass Second Committee Substitute for Ordinance No.160383, as amended, which enacted guidelines on the City’s use of abated and exempted real property taxes in funding economic development projects; and

WHEREAS, Section 9 of Ordinance No. 160383, as amended, as modified by Second Committee Substitute for Ordinance 200497, as amended, provides that notwithstanding the guidelines set forth therein, the Council retains its discretion to authorize the capture and redirection, or abatement or exemption, in whole or in part, of ad valorem real property taxes to the full extent authorized by any provision of law; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Council declares the area of approximately 4.0 acres generally located east of Prospect Avenue to Montgall Avenue between 49th and 51st Street in Kansas City, Missouri, and more specifically described on Exhibit A attached hereto and incorporated herein by reference, to be a blighted area as defined in Section 100.310, RSMo, and more specifically finds that there is a predominance of insanitary and unsafe conditions, deterioration of site improvements, and/or the existence of conditions which endanger the life and property by fire and other causes in such planning area and, as a result of the predominance of those conditions the planning area in its present condition and use, constitutes an economic and social liability and a serious menace to public health, safety, morals and welfare.

Section 2. That the 49th and Montgall PEIA General Development Plan prepared by the Authority and recommended to the Council is intended to and shall affect and be applicable to only the real property specifically described in Section 1 above and is hereby approved. A copy of said General Development Plan is attached to this ordinance and is made a part hereof.

Section 3. That the Council has duly made the findings necessary for compliance with Sections 100.300-100.620, RSMo.

Section 4. That the General Development Plan is hereby found to be feasible and in conformance with the general plan for the development of the community as a whole.

Section 5. That the ad valorem tax exemption benefits as authorized in Section 100.570, RSMo, are hereby extended to the General Development Plan area to the extent and in the manner as provided for in said General Development Plan and subject to the execution of a development agreement with the Authority and the developer.

Section 6. That pursuant to Section 9 of Second Committee for Ordinance No. 160383, as amended, as modified by Section E of Second Committee Substitute for Ordinance No. 200497, as amended, the City Council hereby authorizes the abatement of ad valorem real property taxes to the full extent authorized by Section 100.570, RSMo with respect to any project in the General Development Plan area located in a severely distressed census tract that has continuously maintained such status for not less than ten years immediately prior to the effective date of the request.

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I hereby certify that as required by Chapter 100, RSMo, as amended, all public notices have been given and public hearings held, as required by law. 

Approved as to form:

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Emalea Black

Assistant City Attorney