HomeMy WebLinkAboutOrd 1658(Published in The Legal Record on June 16, 2026)
ORDINANCE NO. 1658
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MISSION,
KANSAS, MAKING CERTAIN FINDINGS AND (1) ADOPTING A
REDEVELOPMENT PROJECT PLAN FOR REDEVELOPMENT DISTRICT NO.
3C; AND (2) APPROVING THE EXECUTION OF AN AMENDED AND
RESTATED REDEVELOPMENT AGREEMENT BETWEEN THE CITY AND
ENCORE LAND LLC.
WHEREAS, the City of Mission, Kansas (the "City"), is a city of the second class organized and
existing under the constitution and laws of the State of Kansas; and
WHEREAS, the City established the Rock Creek Redevelopment District pursuant to K.S.A. 12-
1770 et seq. (the "Act"), approved by the City on January 11, 2006 and amended on February 8, 2006, by
the City Council's (the "Governing Body") passage of Ordinance No. 1190 and Ordinance No. 1195,
respectively; and
WHEREAS, pursuant to Ordinance No. 1508 passed by the Governing Body on November 18,
2019, the City divided the Rock Creek Redevelopment District into five separate redevelopment districts,
including Rock Creek Redevelopment District No. 3 (Mission Mart and Bowl) ("Redevelopment District
No. 3"); and
WHEREAS, pursuant to Ordinance No. 1527 passed by the Governing Body on December 16,
2020, the City divided Redevelopment District No. 3 into two separate redevelopment districts, including
Rock Creek Redevelopment District No. 3B (the "Original Redevelopment District No. 3B"); and
WHEREAS, pursuant to Ordinance No. 1613 passed by the Governing Body on September 18,
2024, the City (1) further divided the Original Redevelopment District No. 3B into two separate
redevelopment districts, including Rock Creek Redevelopment District No. 3B (the "Amended
Redevelopment District No. 3B") and Rock Creek Redevelopment District No. 3C, and (2) adopted a Tax
Increment Financing Redevelopment Project Plan for Rock Creek Redevelopment District No. 3C dated
June 10, 2024 (the "Original Project Plan"); and
WHEREAS, pursuant to Ordinance No. 1633 passed by the Governing Body on May 21, 2025, the
City divided the Amended Redevelopment District No. 3B into two separate redevelopment districts,
including Rock Creek Redevelopment District No. 3B ("Redevelopment District No. 3B") and Rock Creek
Redevelopment District No. 31); and
WHEREAS, pursuant to Ordinance No. 1649 passed by the Governing Body on January 21, 2026,
the City terminated the Original Project Plan; and
WHEREAS, pursuant to Ordinance No. 1650 passed by the Governing Body on January 21, 2026,
the City removed certain property from Redevelopment District No. 3B and added such property to Rock
Creek Redevelopment District No. 3C ("Redevelopment District No. 3C"); and
WHEREAS, the City has determined that it is necessary and desirable to adopt the Tax
Increment Financing Redevelopment Project Plan for Rock Creek Redevelopment District No. 3C dated
December 9, 2025 (the "Project Plan"); and
WHEREAS, the Governing Body adopted Resolution No. 1246 on March 11, 2026,
establishing May 20, 2026, as the date for a public hearing to consider the adoption of the Project Plan;
and
WHEREAS, notice of the public hearing was given as required by the Act, and the public hearing
was opened and closed on this date; and
WHEREAS, the Governing Body hereby finds and determines it to be necessary and advisable
to adopt the Project Plan; and
WHEREAS, in connection with Redevelopment District No. 3C and the Project Plan, the
Governing Body further finds and determines it to be necessary and advisable to enter into the
Amended and Restated Redevelopment Agreement between the City and Encore Land LLC, a
Colorado limited liability company (the "Redevelopment Agreement").
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE
CITY OF MISSION, KANSAS:
Section 1. Findings. The Governing Body hereby finds that all required notices for the public
hearing were disseminated in accordance with the Act, and that the conservation, development or
redevelopment of Redevelopment District No. 3C is necessary to promote the general and economic
welfare of the City.
Section 2. Project Plan. The Governing hereby adopts the Project Plan governing redevelopment
of the real property in Redevelopment District No. 3C, which is shown on the map attached as Exhibit A and
legally described in Exhibit B. The Governing Body finds and determines that the Project Plan does not
require a relocation assistance plan under the Act.
Section 3. Redevelopment Agreement. The Governing Body hereby approves the Redevelopment
Agreement in substantially the form presented to and reviewed by the Governing Body, and the City is hereby
authorized to execute and deliver the Redevelopment Agreement with such changes therein (including the
dated date thereof) as shall be approved by the officials of the City executing such document, such officials'
signatures thereon being conclusive evidence of their approval and the City's approval thereof.
Section 4. Further Authority. The Mayor, City Administrator, City Clerk and other officials and
employees of the City are hereby further authorized and directed to take such other actions as may be
appropriate or desirable to accomplish the purposes of this Ordinance.
Section 5. Effective Date. This Ordinance shall take effect and be in force from and after its
passage by 2/3 vote of the Governing Body, publication as provided by law, and the date of July 1, 2028.
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PASSED by 2/3 vote of the Governing Body this June 3, 2026.
SIGNED by the Mayor this June 3, 2026.
(SEAL)
ATTEST:
W
R n L. FU41s, City Clerk
Solana Flora, Mayor
(Signature Page to Ordinance)
1!
EXHIBIT A
MAP OF REDEVELOPMENT DISTRICT NO. 3C
m
A-1
EXHIBIT B
LEGAL DESCRIPTION OF REDEVELOPMENT DISTRICT NO.3C
All of Lots 20 to 26, MISSION VILLAGE BLOCK 5, a subdivision in the City of Mission, Johnson County,
Kansas except the West 5 feet of Lot 20 and all that part dedicated as Right-of-way recorded in Book 1055,
Page 238; Book 1055, Page 239; Book 200711, Page 006031 and Book 1055, Page 240, in the Johnson
County Register of Deeds, prepared by Wayne E. Malnicof, Kansas PS- 1239 on November 17, 2025, more
particularly described as follows:
COMMECING at a found 1/2" Rebar on the North line of Lot 7, MISSION MART THIRD PLAT, a
subdivision in the City of Mission, Johnson County, Kansas, said Rebar also being on the South Right-of-
way line Martway Street, as now established; thence North 64°51'41" East, along said North line, said South
Right-of-way line and the North line of Lot 8 of said MISSION MART THIRD PLAT and its extension
thereof, a distance of 519.22 feet to the POINT OF BEGINNING, said point being the Northeast corner of
said Lot 8; thence continuing North 64°51'41" East, along said South Right-of-way line, a distance of 384.59
feet; thence continuing along said South Right-of-way line for the next 8 courses, South 25'08' 19" East a
distance of 2.73 feet; thence North 64*51'41" East, a distance of 10.00 feet; thence North 25'08' 19" West a
distance of 2.00 feet; thence North 64*51'41" East a distance of 100.00 feet; thence North 25"08' 19" West
a distance of 0.73 feet; thence North 64°5 P41" East a distance of 79.09 feet; thence South 25*08' 19" East
a distance of 10.50 feet; thence North 64°20'42" East a distance of 191.69 feet; thence South 72°54150" East
a distance of 12.65 feet to a point on the West Right-of-way line of Roeland Drive, as now established;
thence South 29027' 17" East a distance of 167.95 feet to a point on the North line of ROELAND COURT,
a subdivision in the city of Mission, Johnson County, Kansas; thence South 64°42'05" West along said North
line and along the North line of MISSION VILLAGE BLOCK 3 NO.1, a subdivision in the city of Mission,
Johnson County, Kansas, a distance of 684.62 feet; thence continuing along said North line, South 40052100"
West a distance of 112.48 feet to the Easterly corner of said Lot 8; thence North 25008' 19" West along the
East line of said Lot 8, a distance of 232.39 feet to the POINT OF BEGINNING; containing 145,317 square
feet or 3.3360 acres, more or less.
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