IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE approving the Solar Woods/Solar Stone Redevelopment Plan, designating the redevelopment area, selecting a developer for the redevelopment area, and approving actions and documents related thereto in connection with the redevelopment of certain property within the County.
Intro
ORDINANCE # 3271, July 8, 2002
INTRODUCED BY Victor E. Callahan, County Legislator
Body
WHEREAS, the Legislature has established the Jackson County, Missouri Tax Increment Financing Commission (the "Commission") 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 "TIF Act"); and,
WHEREAS, the TIF Act requires the Commission to: (a) hold hearings with respect to proposed redevelopment areas, redevelopment plans, and redevelopment projects and amendments to same; (b) vote on the approval of the same; and (c) make its recommendations on the same to the Legislature; and,
WHEREAS, in compliance with the TIF Act, the Commission considered a redevelopment plan entitled "Solar Woods/Solar Stone Redevelopment Plan" (the "2002 Redevelopment Plan"), on file with the office of the Clerk of the County Legislature, and the designation of a redevelopment area described in the 2002 Redevelopment Plan (the "Redevelopment Area"); and,
WHEREAS, the Commission, after giving all notices required by the TIF Act and holding a public hearing at which all interested parties had an opportunity to be heard and at which the Commission heard and considered all protests and objections concerning the 2002 Redevelopment Plan and the Redevelopment Area, adopted Resolution No. 02-3, a copy of which is attached as Exhibit A, on June 10, 2002, approving and recommending same to the Legislature; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section 1. The Legislature approves the 2002 Redevelopment Plan on file with the Clerk and finds that:
a. The existing conditions of the Redevelopment Area described in the 2002 Redevelopment Plan are a fair depiction of the Redevelopment Area and cause the Redevelopment Area on the whole to be a "blighted area" as defined in the TIF Act. These conditions include inadequate street layout, drainage, sewers, water and other utility, insanitary or unsafe conditions, deterioration of improvements, topography, surface and subsurface stability problems, and improper platting;
b. the Redevelopment Area 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 tax increment financing (the Developer Affidavit is attached as Exhibit B);
c. the 2002 Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment;
d. the 2002 Redevelopment Plan conforms to the comprehensive plan for development of the County as a whole and to the Blue Valley Industrial Area Recommended Land Use Plan of the City of Kansas City;
e. the estimated dates, which shall not be more than 23 years from the adoption of the ordinance approving each Redevelopment Project, of completion of each Redevelopment Project have been stated in the 2002 Redevelopment Plan;
f. a plan has been developed and included in the 2002 Redevelopment Plan for the relocation assistance of businesses and residences;
g. a cost-benefit analysis showing the economic impact of the 2002 Redevelopment Plan has been included in the 2002 Redevelopment Plan; and
h. the Commission has properly assigned to the Director of the Jackson County Department of Economic Development the obligation to report to the Missouri Director of Economic Development the information required by the TIF Act relating to any business which relocates to the Redevelopment Area and to make all other subsequent ministerial reports.
Section 2. The Legislature approves the 2002 Redevelopment Plan under the TIF Act, finds that the Redevelopment Area is directly and substantially benefitted by the 2002 Redevelopment Plan, and expects to adopt additional specific redevelopment project(s) and redevelopment project area(s) within the Redevelopment Area on a project-by-project basis.
Section 3. The Legislature approves and designates the Redevelopment Area as a redevelopment area pursuant to the TIF Act.
Section 4. The selection of Dean Realty Company as the developer of the Redevelopment Area and the Redevelopment Contract, in substantially the form attached as Exhibit C, are approved and the County Executive and the Clerk are authorized and directed to execute such contract with such changes as are approved by such officer executing such agreement.
Section 5. The Legislature approves tax increment financing for the payment of Reimbursable Project Costs provided that:
(i) after the total equalized assessed valuation of the taxable real property in each Redevelopment Project Area when so designated exceeds the certified total initial equalized assessed valuation of the taxable real property in such Redevelopment Project Area, the ad valorem taxes and payments in lieu of taxes, if any, arising from the levies upon taxable real property in such Redevelopment Project Area by taxing districts and tax rates determined in the manner provided in subsection 2 of the Section 99.855 of the TIF Act each year after the effective date of this ordinance adopting tax increment financing for such Redevelopment Project Area until the Redevelopment Project Costs pursuant to the 2002 Redevelopment Plan have been paid, shall be divided as follows:
(a) 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 each Redevelopment Project Area when so designated shall be allocated to, and when collected shall be paid by the Director of Collection to, the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing;
(b) 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 each Redevelopment Project Area at the time so designated over and above the initial equalized assessed value of each such unit of property in each Redevelopment Project Area shall be allocated to, and when collected shall be paid to, the Director of Collection who shall deposit such payment in lieu of taxes into a special fund called the "Special Allocation Fund" of the County for the purpose of paying Reimbursable Project Costs under the 2002 Redevelopment Plan. Payments in lieu of taxes which are due and owing shall constitute a lien against the real estate of the redevelopment project from which they are derived. The County may pledge the funds in the special allocation fund for the payment of such costs and for the collection of payments in lieu of taxes, the lien of which may be foreclosed in the same manner as a special assessment lien as provided in Section 88.861 RSMo. No part of the current equalized assessed valuation of each lot, block, tract, or parcel of property in a Redevelopment Project attributable to any increase above the total initial equalized assessed value of such properties shall be used in calculating the general state school aid formula provided for in Section 163.031 RSMo, until such time as all redevelopment costs have been paid as provided for in the TIF Act.
(ii) in addition to the payments in lieu of taxes described in Section 99.845.1(2) of the TIF Act, the total additional revenues from taxes generated by economic activities in a Redevelopment Project Area when so designated, as described in Section 99.845.3 of the TIF Act, shall be allocated as set forth in Section 99.845.3 of the TIF Act.
Section 6. This Ordinance shall be in force and become effective immediately upon passage of this Ordinance.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
__________________________ _______________________________
County Counselor
I hereby certify that the attached Ordinance, Ordinance # 3271 introduced on July 8, 2002 was duly passed on __________July 22___________, 2002 by the Jackson County Legislature. The votes thereon were as follows:
Yeas _______9________ Nays ______0________
Abstaining _____0______ Absent ____0________
This Ordinance is hereby transmitted to the County Executive for her signature.
________________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance # 3271.
_______________________ ________________________________
Date Katheryn J. Shields, County Executive