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Legislation #: 950729 Introduction Date: 6/1/1995
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending the 40th _ Mill Project of the Midtown Redevelopment Tax Increment Financing Plan, as amended, by expanding the boundaries and adopting tax increment financing therein, and establishing an effective date.

Legislation History
DateMinutesDescription
6/1/1995

Prepare to Introduce

6/1/1995

Referred Plans And Zoning Committee

6/7/1995

Advance and Do Pass

6/8/1995

Passed


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ORDINANCE NO. 950729

 

Amending the 40th & Mill Project of the Midtown Redevelopment Tax Increment Financing Plan, as amended, by expanding the boundaries and adopting tax increment financing therein, and establishing an effective date.

 

 

WHEREAS, the City Council of Kansas City, Missouri (the "City") created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission") by Ordinance No. 54556, passed on November 24, 1982, and repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, passed on August 29, 1991; and

 

WHEREAS, the City adopted the Midtown Redevelopment Tax Increment Financing Plan (the "Redevelopment Plan") and designated the area therein (the "Redevelopment Area") as a Redevelopment Area and found it to be blighted by Committee Substitute for Ordinance No. 930066, as further amended, passed on April 11, 1993, and thereafter amended in certain respects by Ordinance No. 941127, passed on August 25, 1994; and

 

WHEREAS, the City passed Committee Substitute for Ordinance No. 930065 designating the 40th & Mill Redevelopment Project of the Redevelopment Plan and adopting and establishing an effective date for tax increment financing; and

 

WHEREAS, the City passed Ordinance No. 950731 on _____________, 1995, which approved the First Amendment to the Midtown Redevelopment Tax Increment Financing Plan ("First Amendment"), expanding the boundaries of the Redevelopment Area; and

 

WHEREAS, the First Amendment expanded the exterior boundary of the 40th & Mill Redevelopment Project to include new and additional real property; and

 

WHEREAS, except for only those things referenced in Ordinance No. 950731, no provision of the Redevelopment Plan was changed or altered by the First Amendment and the Redevelopment Plan as approved by Committee Substitute for Ordinance No. 930066 will remain in full force and effect; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. All terms used in this Ordinance must be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended.

 

Section 2. The 40th & Mill Redevelopment Project is amended to expand the boundaries as follows:

 

LOT 1 AND THE EAST 22 FEET OF LOT 2 AND THE NORTH HALF OF THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOTS, ALSO LOT 4 EXCEPT THE WEST 80 FEET THEREOF AND THE SOUTH HALF OF THE VACATED ALLEY LYING NORTH OF AND ADJOINING SAID LOT, ALSO LOT 5 EXCEPT THE WEST 80 FEET THEREOF, ALL IN QUIMBYS ADDITION, TOGETHER WITH LOTS 1 THROUGH 7 INCLUSIVE AND LOT 8, EXCEPT THAT PART LYING IN SOUTHWEST TRAFFICWAY RIGHT-OF-WAY, ALL IN OLD HOME PLAT, TOGETHER WITH LOTS 13, 14, 15 AND 16 AND THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOTS, EXCEPT THE NORTH 10 FEET OF SAID LOTS IN 40TH STREET, ALSO LOTS 17, 18, 19, 20, 21 AND 22, ALSO THE TRACT DESIGNATED AS MRS. PURDON'S RESIDENCE, INCLUDING THEREIN LOTS A, B, C, D, E, F AND G OF THE SUBDIVISION KNOWN AS SUBDIVISION OF PART OF CATHERINE PURDON'S RESIDENCE LOT, ALSO WITH THE VACATED ALLEY LYING SOUTHERLY OF AND ADJOINING SAID LOT 22 AND SAID TRACT DESIGNATED AS MRS. PURDON'S RESIDENCE, BETWEEN THE EAST LINE OF WADDELL AVENUE AND THE WEST LINE OF MILL STREET, ALSO LOTS 4, 5, 6, 7 AND 8, AND THE VACATED ALLEY LYING EAST OF AND ADJOINING SAID LOTS 5, 6 AND 8, EXCEPT THE NORTH 10 FEET OF SAID LOTS 7 AND 8 IN 40TH STREET AND EXCEPT THAT PART OF SAID LOTS 4 AND 7 IN PENNSYLVANIA AVENUE, ALSO THE NORTHWESTERLY 33 FEET OF LOT 2 AND THE WEST HALF OF THE VACATED ALLEY LYING EAST OF AND ADJOINING SAID LOT, EXCEPT THAT PART LYING SOUTH OF A LINE AND THE PROLONGATION THEREOF DRAWN PARALLEL WITH THE NORTH LINE OF SAID LOT 2 AT A POINT 6-1/2 INCHES PERPENDICULARLY DISTANCE NORTH OF THE SOUTH LINE OF THE SOUTH BRICK WALL OF THE BRICK BUILDING ON SAID LOT RESERVED TO ALBERT M. DOERSCHUK IN WARRANTY DEED RECORDED IN BOOK B-1665, PAGE 496, ALSO THE VACATED ALLEY LYING NORTH OF AND ADJOINING SAID LOT 2 AND ADJOINING SAID WEST HALF OF VACATED ALLEY, ALL IN C. PURDON'S ADDITION, TOGETHER WITH LOTS 3 AND 4, AND THAT PART OF LOT 2 LYING NORTH OF THE EASTERLY PROLONGATION OF THE CENTERLINE OF THE ALLEY FIRST NORTH OF WESTPORT ROAD, ALSO THE NORTH HALF OF THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID LOT 3, ALL IN JOHN C. MORRIS SUBDIVISION, TOGETHER WITH THAT PART OF THE SUBDIVISION OF 6 ACRES BELONGING TO THE ESTATE OF CHRISTIAN GLUNZ LYING EASTERLY OF WADDELL AVENUE TOGETHER WITH THE NORTH HALF OF THE VACATED ALLEY LYING SOUTH OF AND ADJOINING SAID PART, TOGETHER WITH PART OF VACATED MILL STREET LYING SOUTH OF 40TH STREET AND NORTH OF THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 4, JOHN C. MORRIS SUBDIVISION, TOGETHER WITH THAT PART OF WADDELL AVENUE LYING SOUTH OF 40TH STREET AND NORTH OF MILL STREET (FORMERLY 41ST STREET), TOGETHER WITH PART OF SAID SOUTHWEST TRAFFICWAY AS ESTABLISHED BY ORDINANCE NO. 13786 AND AMENDED BY ORDINANCE NO. 14022 DATED SEPTEMBER 18, 1950, ALL OF THE ENTIRE TRACT LYING IN THE SOUTHEAST 1/4 OF SECTION 19, T49N, R33W OF THE 5TH P.M., KANSAS CITY, JACKSON COUNTY, MISSOURI, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 8 OLD HOME PLAT BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF MILL STREET (FORMERLY 41ST STREET) AND ON THE EAST RIGHT-OF-WAY LINE OF SAID SOUTHWEST TRAFFICWAY; THENCE N16 47'24"E (ALL BEARINGS HEREIN ARE REFERENCED TO THE MISSOURI STATE PLANE COORDINATE SYSTEM 1983, WEST ZONE) ON SAID EAST RIGHT-OF-WAY LINE 33.38 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 14.00 FEET OF SAID LOT 8, BEING 8.00 FEET EAST OF THE WEST LINE THEREOF; THENCE S87 17'34"E ON SAID EAST RIGHT-OF-WAY LINE BEING THE SOUTH LINE OF THE NORTH 14.00 FEET OF SAID LOT 8, 1.78 FEET TO A POINT ON A CURVE; THENCE NORTHEASTERLY ON A CURVE TO THE LEFT (SAID CURVE HAVING AN INITIAL TANGENT BEARING OF N15 06'45"E, RADIUS OF 1726.00 FEET, CHORD BEARING N12 49'56"E, CHORD DISTANCE 137.34 FEET) AN ARC DISTANCE OF 137.38 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHEASTERLY ON A CURVE TO THE LEFT (SAID CURVE HAVING AN INITIAL TANGENT BEARING OF N10 33'08"E, RADIUS OF 10986.66 FEET, CHORD BEARING N10 15'43"E, CHORD DISTANCE 111.27 FEET) AN ARC DISTANCE OF 111.27 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHEASTERLY ON A CURVE TO THE LEFT (SAID CURVE HAVING AN INITIAL TANGENT BEARING OF N9 58'19"E, RADIUS OF 1526.00 FEET, CHORD BEARING N7 56'13"E, CHORD DISTANCE 108.38 FEET) AN ARC DISTANCE OF 108.40 FEET TO A POINT OF TANGENCY; THENCE N5 54'07"E, 86.94 FEET; THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT (SAID CURVE HAVING A RADIUS OF 2974.00 FEET, CHORD BEARING N6 14'54"E, CHORD DISTANCE 35.97 FEET) AN ARC DISTANCE OF 35.97 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 40TH STREET, BEING 13.62 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 2, QUIMBYS ADDITION; THENCE S87 17'34"E ON SAID SOUTH RIGHT-OF-WAY LINE 663.82 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF PENNSYLVANIA AVENUE; THENCE S31 45'28"E ON SAID WEST RIGHT-OF-WAY LINE 117.46 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 4, C. PURDON'S ADDITION; THENCE S57 18'27"W ON THE SOUTH LINE OF SAID LOT 4, 112.37 FEET TO THE NORTHERLY PROLONGATION OF THE CENTERLINE OF THE ALLEY VACATED IN ORDINANCE NO. 43128, DATED JULY 10, 1922; THENCE S32 04'54"E ON SAID CENTERLINE, 47.56 FEET TO A POINT ON A LINE 6-1/2 INCHES PERPENDICULARLY NORTH OF THE SOUTH LINE OF THE SOUTH BRICK WALL OF THE BRICK BUILDING ON THE NORTH 33 FEET OF SAID LOT 2, C. PURDON'S ADDITION; THENCE S57 18'27"W ON SAID LINE 117.50 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF VACATED MILL STREET BEING ALSO ON THE WEST LINE OF SAID LOT 2; THENCE S57 55'06"W ON A LINE PERPENDICULAR TO SAID WEST LINE, 10.00 FEET; THENCE S32 04'54"E ON A LINE 10.00 FEET WEST FROM, AND PARALLEL WITH, SAID WEST LINE 50.76 FEET; THENCE S2 42'26"W, 17.53 FEET TO THE CENTERLINE OF SAID VACATED MILL STREET; THENCE S32 04'54"E ON SAID CENTERLINE, 180.70 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 4, JOHN C. MORRIS SUBDIVISION; THENCE S57 55'06"W ON SAID PROLONGATION 13.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 4, BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID MILL STREET; THENCE S32 04'54"E ON SAID LOT 4, 474.78 FEET TO THE SOUTHEAST CORNER OF SAID LOT 4, BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WESTPORT ROAD; THENCE S58 41'37"W ON THE SOUTH LINE OF SAID LOT 4, 41.96 FEET (46.20 FEET PLAT) TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE N31 38'03"W ON THE WEST LINE OF SAID LOT 4, 141.95 FEET (141.90 FEET PLAT) TO THE NORTHEAST CORNER OF LOT 1, JOHN C. MORRIS SUBDIVISION; THENCE S58 18'39"W ON THE NORTH LINE OF SAID LOT 1, 33.00 FEET (33.00 FEET PLAT) TO THE SOUTHEAST CORNER OF SAID LOT 2, JOHN C. MORRIS SUBDIVISION; THENCE N32 05'23"W ON THE EAST LINE OF SAID LOT 2, 216.03 FEET TO A POINT ON THE EASTERLY PROLONGATION OF THE CENTERLINE OF THE ALLEY VACATED BY ORDINANCE NO. 55426, DATED MARCH 13, 1928; THENCE S70 53'30"W ON SAID CENTERLINE, 258.13 FEET TO THE EAST RIGHT-OF-WAY LINE OF WADDELL AVENUE; THENCE N21 10'09"W ON SAID EAST RIGHT-OF-WAY LINE 182.94 FEET; THENCE N52 39'57"W ON SAID EAST RIGHT-OF-WAY LINE, 63.63 FEET TO THE NORTH RIGHT-OF-WAY LINE OF MILL STREET (FORMERLY 41ST STREET); THENCE N85 38'21"W ON SAID NORTH RIGHT-OF-WAY LINE, 388.47 FEET TO THE POINT OF BEGINNING. (TRACT CONTAINS 9.682 ACRES)

 

AND

 

A TRACT OF LAND IN SUBDIVISION OF SIX ACRES BELONGING TO THE ESTATE OF CHRISTIAN GLUNTZ IN KANSAS CITY, JACKSON COUNTY, MISSOURI, DESCRIBED AS FOLLOWS:

 

BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION OF SIX ACRES BELONGING TO THE ESTATE OF CHRISTIAN GLUNTZ, THENCE SOUTHERLY ALONG THE EAST RIGHT-OF-WAY LINE OF SOUTHWEST TRAFFICWAY TO A POINT 75 FEET SOUTH OF THE SOUTH RIGHT-OF-WAY LINE OF MILL STREET, FORMERLY 41ST STREET, THENCE EASTERLY TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF WADDELL AVENUE, THENCE NORTHERLY ALONG SAID LINE TO A POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF MILL STREET, FORMERLY 41ST STREET, THENCE WESTERLY ALONG SAID LINE TO THE POINT OF BEGINNING.

 

Section 3. Tax increment allocation financing is adopted for taxable real property in the above described area selected for the 40th & Mill Redevelopment Project. After the total equalized assessed valuation of the taxable real property in the 40th & Mill Redevelopment Project exceeds the certified total initial equalized assessed valuation of the taxable real property in the 40th & Mill Redevelopment Project, 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 costs have been paid will 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 Redevelopment Project will be allocated to and, when collected, will be paid by the Jackson 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; and

 

2. Payments in lieu of taxes attributable to the increase in the current equalized

assessed valuation for each taxable lot, block, tract, or parcel of real property in the area selected for the 40th & Mill Redevelopment Project over and above the initial equalized assessed value of each such unit of property will be allocated to and, when collected, will be paid to the City Treasurer who will deposit such payment 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 will be deemed delinquent and will be assessed a penalty of one percent (1%) per month. Such payments in lieu of taxes will be considered surplus funds and distributed to the taxing district pursuant to Section 99.835.

 

Section 4. In addition to the payments in lieu of taxes described in subsection 2 of Section 3 above, 50% of the total additional revenue from taxes which are imposed by the City or taxing districts, and which are generated by economic activities within the area selected for the 40th & Mill Redevelopment Project over the amount of such taxes generated by economic activities within such area in the calendar year prior to the adoption of this ordinance, while tax increment financing remains in effect, but excluding taxes imposed on sales of charges for sleeping rooms paid by transient guests of hotels and motels, licenses, fees or special assessments and personal property taxes, other than payments in lieu of taxes, will be allocated to, and paid by the collecting officer to the City Treasurer or other designated financial officer of the City, who will deposit such funds in a separate segregated account within the Special Allocation Fund.

 

Section 5. This ordinance is not effective until the latter of the following: expiration of ten (10) days after the date the Council approves this ordinance, or the date on which the Tax Increment Financing Commission files notice of the City Clerk that the property necessary for completion of the Project, as contemplated by the Redevelopment Plan, has been assembled to the satisfaction of the tax Increment Financing Commission so that the project improvements contemplated by the Redevelopment Plan may commence.

 

_________________________________________________________________

 

Approved as to form and legality:

 

________________________________________

Assistant City Attorney