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Legislation #: 080718 Introduction Date: 7/17/2008
Type: Ordinance Effective Date: 8/10/2008
Sponsor: None
Title:  Accepting the recommendation of the Tax Increment Financing Commission as to the Brywood Centre Tax Increment Financing Plan; approving the Brywood Centre Tax Increment Financing Plan; and designating a Redevelopment Area.

Legislation History
DateMinutesDescription
7/17/2008 Filed by the Clerk's office
7/17/2008 Referred to Finance and Audit Committee
7/23/2008 Do Pass as a Committee Substitute
7/24/2008 Assigned Third Read Calendar as Substituted
7/31/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
080718.pdf Authenticated 221K Authenticated
ED Policy Factors Analysis_Brywood_Final_for_Council.pdf Staff Report 1727K ED&I Policy Factors Analysis Summary
Economic Development Project Fact Sheet_Brywood Centre.pdf Fact Sheet 64K Economic Development Project Fact Sheet
Comprehensive Analytical Tool (CAT)_Brywood Centre.pdf Exhibit 68K Comprehensive Analytical Tool (CAT) - Exhibit to Economic Development Project Fact Sheet
Advertise Notice 0K TIF Plan is on File with City Clerk
Brywood Centre TIF - Ordinance Fact Sheet (00100471).DOC Advertise Notice 49K Ordinance Fact Sheet
Ordinance Request Brywood Centre TIF Plan (00100088).DOC Advertise Notice 23K Request for ordinance
Plan Area Legal Description (00100348).DOC Advertise Notice 30K Legal Description

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080718

 

 Accepting the recommendation of the Tax Increment Financing Commission as to the Brywood Centre Tax Increment Financing Plan; approving the Brywood Centre Tax Increment Financing Plan; and designating a Redevelopment Area.

WHEREAS, 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, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

 

WHEREAS, the Brywood Centre Tax Increment Financing Plan (the Redevelopment Plan) was proposed to the Commission; and

 

WHEREAS, the Redevelopment Plan is a comprehensive program intended to reduce or eliminate blight and enhance the tax base within the redevelopment area (the Redevelopment Area) through the implementation of a number of separate Redevelopment Projects and the adoption of tax increment financing for each of the areas selected for such Redevelopment Projects; and

 

WHEREAS, the Commission has been duly constituted and its members appointed; and, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested persons and taxing districts with respect to the Redevelopment Plan, closed said public hearing on June 11, 2008, adopted its Resolution No. 6-15-08 (the Resolution) recommending to the City Council the approval of the Redevelopment Plan;

 

WHEREAS, the Council desires to use 20% of the new tax increment generated by the projects in the Redevelopment Area for a housing/neighborhood fund; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendation of the Commission concerning the Redevelopment Plan as set forth in the Resolution attached hereto as Exhibit "A", is hereby accepted and the Redevelopment Plan, a copy of which is attached hereto as Exhibit "B", is hereby approved and adopted.

 

Section 2. 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 (the "Act").

 

Section 3. The following described area is hereby designated a Redevelopment Area:

 

All of Lot 1, the Brywood Centre, a subdivision of land in Kansas City and Raytown, together with Lot 5, Primms Acres, a subdivision of land in the City of Raytown all in the Northeast Quarter of Section 6, Township 48 North of the Base Line, Range 32 West of the Fifth Principal Meridian in Jackson County, Missouri being more particularly described as follows:

 

NOTE: This description is based on the plat of The Brywood Centre, as filed for record in Book 32 at Page 61.

 

Beginning at the Northeast corner of said Lot 1, said point lying on the Westerly right-of-way line of Blue Ridge Cutoff; Thence South 2 27 57 West 297.00 feet, along said Westerly right-of-way line; Thence South 11 05 10 West 60.00 feet, along said Westerly right-of-way line; Thence North 87 23 55 West 190.98 feet to the West line of Primms Acres and the common line between the cities of Kansas City and Raytown, Missouri; Thence South 2 27 57 West 382.65 feet, along said West line and common line, to the Southeast corner of said Lot 1 and a point on the North right-of-way line of 63rd Street Trafficway, as now established; Thence South 84 03 43 West 26.55 feet, along said North right-of-way line and the South line of said Lot 1; Thence North 87 15 10 West 1230.25 feet, along the North right-of-way line of said 63rd Street Trafficway, as established by the plat of The Brywood Centre; Thence North 31 50 42 West 176.14 feet; Thence North 87 15 10 West 79.71 feet to the West line of said Lot 1 and the East right-of-way line of Booth Avenue, as established by the plat of The Brywood Centre; Thence North 2 06 55 East 594.36 feet, along said West line and East right-of-way, to the Northwest corner of said Lot 1; Thence South 87 23 55 East 1639.12 feet, along the North line of said Lot 1, to the point of beginning, containing 1,117,213 square feet or 25.6476 acres; Subject to survey and all easements and restrictions of record. Less and except such portion of the above described property located in Raytown, Missouri, described as follows:

 

NOTE: This description is based on the plat of The Brywood Centre, as filed for record in Book 32 at Page 61.

 

Beginning at the Northeast corner of said Lot 1, said point lying on the Westerly right-of-way line of Blue Ridge Cutoff; Thence South 2 27 57 West 297.00 feet, along said Westerly right-of-way line;

 

Thence South 11 05 10 West 60.00 feet, along said Westerly right-of-way line; Thence North 87 23 55 West 190.98 feet to the West line of Primms Acres and the common line between the cities of Kansas City and Raytown, Missouri; Thence North 02 27 57 East 356.34 feet, along said common line, to the North line of said Lot 1; Thence South 87 23 55 East 199.97 feet, along said North line, to the point of beginning, containing 70,991 square feet or 1.6297 acres.

 

Subject to survey and all easements and restrictions of record.

 

Section 4. In accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

 

(a) The Redevelopment Area as a whole is a blighted area, evidenced by defective or inadequate street layout, unsanitary or unsafe conditions including deterioration and dilapidation of site improvements, excessive vacancies, presence of structures below minimum code standards, lack of ventilation, light or sanitary facilities.

 

(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 the Redevelopment Plan;

 

(c) The Redevelopment Plan conforms to FOCUS and 350 Highway/Blue Parkway Corridor Plan, together the comprehensive plan for the development of the City as a whole;

 

(d) The areas selected for Redevelopment Projects include only those parcels of real property and improvements thereon which will be directly and substantially benefited by the Redevelopment Project improvements;

 

(e) The estimated dates of completion of the respective Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan, and are not more than 23 years from the adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area;

 

(f) A plan has been developed for relocation assistance for businesses and residences;

 

(g) A cost-benefit analysis showing the impact of the Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act; and

 

(h) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment.

 

(i) A blight study has been completed and the findings of such study satisfy the requirements provided under subdivision (1) of Section 99.805, RSMo.

 

Section 5. The City and/or the Commission is authorized to issue obligations in one or more series of bonds secured by the Brywood Centre Tax Increment Financing Plan Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area and subject to any constitutional limitations, to acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of, land or other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the City and/or the Commission determines, to enter into such contracts and take all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan pursuant to the power delegated to it in Ordinance No. 54556. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

 

Section 6. Pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Brywood Centre Tax Increment Financing Plan Account of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Redevelopment Area and authorizes the Commission to pledge such funds on its behalf.

 

Section 7. That the Council states its intent to use 20% of the new tax increment generated by the projects in the Redevelopment Area for a housing/neighborhood fund in the vicinity of the Redevelopment Area. 

 

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Heather A. Brown

Assistant City Attorney