ORDINANCE NO. 220091

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Approving and designating Redevelopment Project Area 5 of the Arlington Road Tax Increment Financing Plan as a Redevelopment Project Area; and adopting tax increment financing therefore.

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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, on June 18, 2015, created the Tax Increment Financing Commission of Kansas City, Missouri (the “Commission”); and

WHEREAS, the City Council, by Committee Substitute for Ordinance No. 140916, accepted the recommendations of the Commission and approved the Arlington Road Tax Increment Financing Plan (“Plan”) and designated a Redevelopment Area; and

WHEREAS, the City Council, by Ordinance No. 150758, accepted the recommendations of the Commission and approved the First Amendment to the Plan on September 17, 2015; and

WHEREAS, the City Council, by Ordinance No. 160241, accepted the recommendations of the Commission and approved the Second Amendment to the Plan on April 17, 2016; and

WHEREAS, the City Council, by Ordinance No. 170865, accepted the recommendations of the Commission and approved the Third Amendment to the Arlington Road Tax Increment Financing Plan on November 9, 2017; and

WHEREAS, the City Council, by Ordinance No. 180280, accepted the recommendations of the Commission and approved the Fourth Amendment to the Arlington Road Tax Increment Financing Plan on June 21, 2018; and

WHEREAS, the City Council, by Ordinance No. 190996, accepted the recommendations of the Commission, and approved the Fifth Amendment to the Plan on December 19, 2019; and

WHEREAS, the City Council, by Ordinance No. 210981, accepted the recommendations of the Commission, and approved the Sixth Amendment to the Plan on November 10, 2021; and

WHEREAS, a Seventh Amendment to the Plan (“Seventh Amendment”) and a new Redevelopment Project Area 5 were each proposed to the Commission and the Commission, having been duly constituted and its members appointed, after proper notice was given, met in public hearing, and after receiving the comments of all interested persons and taxing districts, closed the public hearing on January 11, 2022, and adopted Resolution No. 01-10-22 recommending approval of the Seventh Amendment and Resolution No. 01-11-22 recommending the approval and designation of Redevelopment Project Area 5; 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 Area 5(“Project Area 5”) is legally described as follows:

Part of Lot 38, Hunt Midwest Business Park-Sixth Plat, a subdivision of land in the Northwest and Northeast Quarter of Section 2, Township 50 North, Range 32 West, and Northwest, Southwest and Southeast Quarter of Section 35, Township 51 North, Range 32 West of the 5th Principal Meridian in Kansas City, Clay County, Missouri recorded as Instrument No. 2020034887 in Book I at Page 112.1 in Clay County Recorder of Deeds Office being bounded and described by Jason S. Roudebush , P.L.S. 2002014092 as follows: Commencing at the Northwest Corner of Tract E-1, Hunt Midwest Business Park-Fifth Plat, a subdivision in said Kansas City, recorded as Instrument Number 2016013273 in Book H, at Page 156 in said Clay County Recorder of Deeds Office; thence South 88°41'54" East on the Easterly line of said Lot 38 also being the North line of said Tract E-1, a distance of 126.17 feet to the Point of Beginning of the tract of land to be herein described; thence leaving said Easterly line and said North line, North 00°00'00" East, 1,131.54 feet; thence North 90°00'00" East, 95.79 feet; thence North 00°00'00" East, 56.09 feet to a point on the existing Southerly right-of-way line of NE 48th Street as established by General Warranty Deed recorded as Instrument No. 2019021051 in Book 8464 at Page 111 in said Clay County Recorder of Deeds Office and revised by Affidavit recorded as Instrument No. 2020005459 in Book 8610 at Page 118 in said Clay County Recorder of Deeds Office; thence Southeasterly on said existing Southerly right-of-way line and the existing Westerly right-of-way line of N Arlington Avenue as established by said General Warranty Deed and revised by said Affidavit, along a curve to the right having an initial tangent bearing of South 85°50'34" East with a radius of 660.00 feet, a central angle of 87°09'48" and an arc distance of 1,004.05 feet; thence South 01°19'14" West on said existing Westerly right-of-way line, 430.11 feet; thence leaving said existing Westerly right-of-way line North 88°41'44" West , 509.78 feet; thence South 01°18'06" West, 99.98 feet to a point on said Easterly line of said Lot 38 also being said North line of said Lot 32; thence North 88°41'54" West on said Easterly line and said North line, 185.98 feet to the Point of Beginning. Containing 694,440 square feet or 15.94 acres, more or less. All lying above the Winterset Ledge of Limestone rock. In areas where the Winterset Ledge is absent, lying above the Bethany Falls Ledge.  All other areas where no ledge is present lying above the elevation 720 (NAVD88)

Section 3. That tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for Project Area 5. After the total equalized assessed valuation of the taxable real property in Project Area 5 exceeds the certified total initial equalized assessed valuation of the taxable real property in Project Area 5, 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 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 5 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 Area 5 over and above the initial equalized assessed value of each such unit of property in the area selected for Project Area 5 shall be allocated to and, when collected, shall be paid to the City Treasurer who shall deposit such payments 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 and certain taxing districts, and which are generated by economic activities within the area selected for Project Area 5 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.

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Approved as to form and legality:

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Emalea Black

Assistant City Attorney