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Legislation #: 120732 Introduction Date: 8/16/2012
Type: Ordinance Effective Date: 9/9/2012
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission of Kansas City, Missouri as to the Eighth Amendment to the Brush Creek Corridor Tax Increment Financing Plan; and approving the Eighth Amendment to the Brush Creek Corridor Tax Increment Financing Plan.

Legislation History
DateMinutesDescription
8/15/2012 Filed by the Clerk's office
8/16/2012 Referred to Planning, Zoning & Economic Development Committee
8/22/2012 Do Pass as a Committee Substitute
8/23/2012 Assigned Third Read Calendar as Substituted
8/30/2012 Passed

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120732.pdf Authenticated 7094K Authenticated
120732 Fact Sheet.docx Fact Sheet 30K Fact Sheet
8TH AMENDMENT BRUSH CREEK REQUEST FOR ORDINANCE (00151339).DOCX Request for Ordinance 21K 8th Amendment Brush Creek TIF -Request for Ordinance
8th Amendment Brush Creek TIF Plan Scanned Copy (00150204).PDF Plan 1108K 8th Amendment Brush Creek TIF Plan - Plan Copy

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120732

 

Accepting the recommendations of the Tax Increment Financing Commission of Kansas City, Missouri as to the Eighth Amendment to the Brush Creek Corridor Tax Increment Financing Plan; and approving the Eighth Amendment to the Brush Creek Corridor Tax Increment Financing Plan.

WHEREAS, the City Council, by Ordinance No. 990251, accepted the recommendations of the Tax Increment Financing Commission of Kansas City, Missouri (“Commission”) as to the Brush Creek Corridor Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area therein to be a blighted area; and

WHEREAS, the City Council subsequently approved seven amendments to the Redevelopment Plan; and

WHEREAS, an eighth amendment to the Redevelopment Plan (“Eighth Amendment”) was proposed to the Commission; and

WHEREAS, said 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, closed said public hearing on July 11, 2012, and adopted Resolution No. 7-12-12 ("Resolution") recommending that the City Council approve the Eighth Amendment; and

WHEREAS, the Eighth Amendment provides modifications to the (i) general description of the Redevelopment Area and Redevelopment Projects (ii) Exhibit 1A Legal Description for the Redevelopment Area, (iii) Exhibit 1B Legal Description for the Project Areas, (iv) Exhibit 2 Site Plan, (v) Estimated Redevelopment Costs and (vi) the elimination of all references to the Plaza East Project and the Plaza East Project Area, as described by the Plan; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

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

Section 2. All terms used in this ordinance, not otherwise defined herein, shall be construed as defined in the Act.


 

Section 3. The City Council hereby finds that:

(a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the City Council in Ordinance No. 990251, 000606, 001378, 031298, 040101, 040483, 051325 and 060610 with respect to the Redevelopment Plan are not affected by the Eighth Amendment and apply equally to the Eighth Amendment;

(b) The Redevelopment Area is a blighted area, as a whole, and 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, as amended;

(c) The Redevelopment Plan, as amended, confirms to 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 therein 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, as amended, 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 Eighth Amendment on each taxing district which is at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;

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

(i) A study has been completed and the findings of such study satisfy the requirements provided under Section 99.810, RSMo.

Section 4. The legal description of the Redevelopment Area is hereby amended, to read as follows:

 

That portion of Sections 26, 27, 28, 29, 34 and 35, Township 49 North, Range 33 West, in Kansas City, Jackson County, Missouri, being more particularly described as follows: Beginning at the intersection of the centerlines of Oak Street and 45th Street, as now established; thence East along said centerline of 45th Street to the centerline of Rockhill Road, as now established; thence Southerly along said centerline of Rockhill Road to the centerline of Emanuel Cleaver II Boulevard, as now established; thence East along said centerline of Emanuel Cleaver II Boulevard to the Southerly prolongation of the West line of Lots 1 and 4, Block 14, Rockhill Amended Plat, a subdivision in the East half of said Section 29; thence North along said prolongation, said West lines and the Northerly prolongation thereof to the centerline of Brush Creek Boulevard, as now established; thence East along said centerline of Brush Creek Boulevard to the centerline of Harrison Street, as now established; thence North along said Harrison Street to the centerline of said 45th Street; thence East along said centerline of 45th Street to the centerline of Paseo, as now established; thence South along said centerline of Paseo to the centerline of said Emanuel Cleaver II Boulevard; thence Easterly along said centerline of Emanuel Cleaver II Boulevard to the Southerly prolongation of the West line of Lot 27, Resurvey of Kemper Heights, a subdivision in the Northeast quarter of said Section 28; thence North along said prolongation, said West line of Lot 27, the West line of Lots 16 thru 24 and the Northerly prolongation thereof to the centerline of 46th Street, as now established; thence East along said centerline of 46th Street to the centerline of Prospect Avenue, as now established; thence South along said centerline of Prospect Avenue to the centerline of said Emanuel Cleaver II Boulevard; thence Easterly along said centerline of Emanuel Cleaver II Boulevard to the centerline of Elmwood Avenue, as now established; thence South along said centerline of Elmwood Avenue to the centerline of Blue Parkway, as now established; thence East along said centerline of Blue Parkway to the centerline of Lawn Avenue, as now established; thence South along said centerline of Lawn Avenue to a point on the Easterly prolongation of the North line of Lot 24, Block 4, Bluebanks, a subdivision in the Southwest quarter of said Section 26; thence West along said prolongation, said North line of Lot 24 and the North line of Lot 23, said Block 4, to the Southeast corner of Lot 6, Blue Parkway Town Center, Third Plat, a subdivision in the Southwest quarter of said Section 26; thence continuing West along the South line of said Lot 6, a distance of 61.00 feet; thence South along the East line of said Lot 6, a distance of 175 feet to the centerline of 51st Street, as now established; thence West along said centerline of 51st Street to a point on the Northerly prolongation of the East line of Lot 24, Block 6, Sheraton Estates, a subdivision in the Northwest quarter of said Section 35; thence South along said Northerly prolongation and the East line of said Lot 24, a distance of 14 0 feet to the Southeast corner thereof; thence West along the South line of said Lot 24, a distance of 156.71 feet to the Southwest corner thereof, also being a point on the Southeasterly line of Tract A of said Sheraton Estates; thence Southwesterly along the Southeasterly line of said Tract A, a distance of 286.45 feet; thence Southerly along the Easterly line of said Tract A, a distance of 135.28 feet to a point on the Northerly right-of-way line of 52nd Street; thence Southwesterly along said Northerly right-of-way line, a distance of 52.36 feet; thence Northwesterly along the Southwesterly line of said Tract A, a distance of 133.28 feet; thence Southwesterly along the Southerly line of said Tract A and the prolongation thereof, to the centerline of Jackson Avenue, as now established; thence South along said centerline of Jackson Avenue to the centerline of 53rd Street, as now established; thence West along said centerline of 53rd Street to the centerline of Swope Parkway, as now established; thence Northerly along said centerline of Swope Parkway to the centerline of said 51st Street; thence West along said centerline of 51st Street to a point on the Southerly prolongation of the East line of Lot 16, Mc Mahon Heights, a subdivision in the Southwest quarter of said Section 27; thence North along said prolongation, the East line of Lots 16 thru 30 and the Northerly prolongation thereof, to the centerline of 50th Street, as now established; thence continuing North along the Southerly prolongation of the East line of Lot 18, Evanston Heights, a subdivision in the Southwest quarter of said Section 27, also along the East line of Lots 18 thru 34 and the Northerly prolongation thereof to the centerline of 49th Street, as now established; thence West along said centerline of 49th Street to the centerline of Troost Avenue, as now established; thence South along said centerline of Troost to the centerline of said 50th Street; thence West along said centerline of 50th Street to the centerline of said Rockhill Road; thence Northwesterly along said centerline of Rockhill Road to the centerline of Cherry Street, as now established; thence Southwesterly along said centerline of Cherry Street to the centerline of said 50th Street; thence West along said centerline of 50th Street to the centerline of said Oak Street; thence North along said centerline of Oak Street approximately 327 feet; thence West approximately 137 feet; thence North approximately 38 feet; thence West approximately 441 feet to the centerline of Brookside Boulevard, as now established; thence Northerly along said centerline of Brookside Boulevard to the centerline of said 49th Street; thence West along said centerline of 49th Street to the centerline of Main Street, as now established; thence North along said centerline of Main Street, to the centerline of said Emanuel Cleaver II Boulevard; thence East along said centerline of Emanuel Cleaver II Boulevard to the Southerly prolongation of the West line of Granada Condominiums, a subdivision in the Northwest quarter of said Section 29; thence North along said prolongation and said West line to the Northwest corner of said subdivision; thence Easterly along the North line of said subdivision to the Northeast corner thereof; thence Northeasterly 36.96 feet; thence Northwesterly 125.92 feet; thence continuing Northwesterly 87.56 feet; thence continuing Northwesterly 94.8 feet; thence Northerly approximately 95 feet to the centerline of said 46th Street; thence Southeasterly, Easterly and Northeasterly along said centerline of 46th Street to the centerline of Warwick Boulevard, as now established; thence North along said centerline of Warwick Boulevard to the centerline of said 45th Street; thence East along said centerline of 45th Street to the centerline of said Oak Street; thence North along said centerline of Oak Street to the point of beginning.

Section 5. The legal description of the Redevelopment Project Areas A, B, C, D and Plaza Library are hereby amended, to read as follows:

Blue Parkway Project Area A Description

All of Lot 1, Blue Parkway Town Center, Second Plat, a subdivision in the Southeast quarter of the Southeast quarter of Section 27, Township 49 North, Range 33 West, in Kansas City, Jackson County, Missouri, as recorded in plat book k41, page 10 at the Recorder of Deeds Office of said county, being more particularly described as follows: Commencing at the Southeast corner of said Southeast quarter of said Section 27; thence N 02 degrees 34 minutes 58 seconds E along the East line of said quarter section a distance of 30.00 feet to the North line of vacated 51st Street, said point being the point of beginning of said Lot 1; thence N 87 degrees 34 minutes 36 seconds W along the North line of said 51st Street, a distance of 364.87 feet to the most Northerly Southeast corner of Lot 1, Swope Parkway Health Campus, First Plat, a subdivision in said city, county and state; thence N 45 degrees 50 minutes 19 seconds W along the Northeasterly line of said Lot 1, a distance of 364.34 feet to the most Southerly Southeast corner of Lot 3, Swope Parkway Health Campus, Second Plat, a subdivision in said city, county and state; thence N 31 degrees 52 minutes 26 seconds E along the Southeasterly line of said Lot 3, and its prolongation, a distance of 482.94 feet to a point on the Southerly line of Blue Parkway, as now established; thence S 61 degrees 32 minutes 26 seconds E along said Southerly line, a distance of 104.72 feet to a point of curvature; thence continuing along said Southerly line, and along a curve to the left having a radius of 1175.00 feet and a central angle of 15 degrees 47 minutes 07 seconds, a distance of 323.72 feet to a point on the East line of said quarter section; thence S 02 degrees 34 minutes 58 seconds W along said East line, a distance of 516.65 feet to the point of beginning.

 

Blue Parkway Project Area B description

All of Lots 1 and 2, Blue Parkway Town Center, Third Plat, a subdivision in the Southwest quarter of Section 26 and the Northwest quarter of Section 35, all in Township 49 North Range 33 West, in Kansas City, Jackson County, Missouri, as recorded in plat book k45, page 53 at the Recorder of Deeds Office of said county, being more particularly described as follows: Beginning at the most Westerly Northwest corner of said Lot 1, being a point on the Southerly right-of-way line of relocated Blue Parkway, as now established; thence Easterly along said right-of-way line, also being along the North line of said Lots 1 and 2, approximately 436 feet to the Northeast corner of said Lot 1, also being the Northwest corner of Lot 3 of said subdivision; thence South along the West line of said Lot 3, a distance of 232.22 feet to the Southwest corner of said Lot 3; thence Easterly along the Southerly courses of said Lot 3 and the Easterly extension thereof, approximately 217 feet to a point on the centerline of Kennsington Avenue, as now established; thence Southerly along said centerline, approximately 309 feet to a point on the North line of Lot 24, Block 6, Sheraton Estates, a subdivision in said city, county and state; thence East along said North line, approximately 14 feet to the Northeast corner of said Lot 24; thence South along the East line of said Lot 24, a distance of 110 feet to the Southeast corner thereof; thence West along the South line of said Lot 24, a distance of 156.71 feet to the Southwest corner thereof, also being a point on the Southeasterly line of Tract A of said Sheraton Estates; thence Southwesterly along the Southeasterly line of said Tract A, a distance of 286.45 feet; thence Southerly along the Easterly line of said Tract A, a distance of 135.28 feet to a point on the Northerly right-of-way line of 52nd Street; thence Southwesterly along said Northerly right-of-way line, a distance of 52.36 feet; thence Northwesterly along the Southwesterly line of said Tract A, a distance of 133.28 feet; thence Southwesterly along the Southerly line of said Tract A, a distance of 235.48 feet to the most Westerly Southwest corner of said tract a; thence North along the West line of said Tract A, a distance of 533.24 feet to a point on the North line of vacated 51st Street; thence West along said North line of vacated 51st Street, a distance of 25.00 feet to the Southeast corner of Lot 1, Blue Parkway Town Center, Second Plat, a subdivision in said city, county and state; thence North along the East line of said Lot 1, a distance of 500.15 feet to the point of beginning.

 

Blue Parkway Project Area C Description

All of Lots 3, 4, 5 and 6, Blue Parkway Town Center, Third Plat, a subdivision in the Southwest quarter of Section 26 and the Northwest quarter of Section 35, all in Township 49 North, Range 33 west, in Kansas City, Jackson County, Missouri, as recorded in plat book k45, page 53 at the Recorder of Deeds Office of said county, and all of Lots 1 through 23 and Lots 36 through 47, Block 4, of Bluebanks, a subdivision in the East half of the Southwest quarter of said Section 26, as recorded in plat book 14, page 68 at said Recorder of Deeds Office, being more particularly described as follows: Beginning at the Northwest corner of said Lot 3, Blue Parkway Town Center, Third Plat, being a point on the Southerly right-of-way line of relocated Blue Parkway, as now established; thence Easterly along said right-of-way line, also being along the North line of said Lots 3, 4, 5 and 6, approximately 1,187 feet to a point on the East line of said Lot 1, Block 4, Bluebanks; thence South along the East line of said Lot 1 and Lots 12 through 23, Block 4, Bluebanks, approximately 376 feet to the Southeast corner of said Lot 23; thence West along the South line of said Lots 23 and 36, a distance of 274.5 feet to the Southeast corner of said Lot 6, Blue Parkway Town Center, Third Plat; thence continuing west along the South line of said Lot 6, a distance of 61.00 feet; thence South along the East line of said Lot 6, a distance of 145.00 feet to a point on the North right-of-way line of 51st Street, as now established; thence West along said North right-of-way line, a distance of 603.70 feet to a point on the East right-of-way line of Kennsington Avenue, as now established; thence South along said East right-of-way line, a distance of 60.00 feet to a point on the North line of Lot 25, Block 6, Sheraton Estates; thence West along the North line of Lots 25 and 24, said Block 6, a distance of 25 feet to the centerline of said Kennsington Avenue; thence North along said centerline, approximately 309 feet to a point on the Easterly extension of the South line of said Lot 3, Blue Parkway Town Center, Third Plat; thence Westerly along the Southerly courses of said Lot 3 and the Easterly extension thereof, approximately 217 feet to the Southwest corner of said Lot 3; thence North along the West line of said Lot 3, a distance of 232.22 feet to the point of beginning.

 

Blue Parkway Project Area D Description

All of Lots 2 through 6, Block 5, and all of Lots 1 through 7 and 16 through 24, Block 6, all in resurvey of Perwin Place, a subdivision in the Southwest quarter of Section 26, Township 49 North, Range 33 West, in Kansas City, Jackson County, Missouri, as recorded in plat book 14, page 73 at the Recorder of Deeds Office of said county, and all of Lot 1 and Tract ‘A’, Blue Parkway Town Center, a subdivision in the Southwest quarter of said Section 26, as recorded in plat book k40, page 34 at said Recorder of Deeds Office, being more particularly described as follows: Beginning at the Southwest corner of said Lot 16, Block 6, being a point on the Northerly right-of-way line of relocated Blue Parkway, as now established; thence North along the West line of said Lot 16, Block 6, and the West line of Tract ‘A’ and Lot 1, Blue Parkway Town Center, a distance of 580.00 feet to the Northwest corner of said Lot 1, also being a point on the South right-of-way line of vacated 49th street; thence East along the North line of said Lot 1, a distance of 1,106.14 feet to the Northeast corner of said Lot 1, also being a point on the West right-of-way line of Elmwood Avenue, as now established; thence South along the East line of said Lot 1 and the east line of said Lots 2 and 3, Block 5, a distance of 580.00 feet to the Southeast corner of said Lot 3, also being a point on said Northerly right-of-way line of relocated Blue Parkway; thence Westerly along said Northerly right-of-way line, approximately 1,106 feet to the point of beginning.

 

Plaza Library Project Area

All that part of the Southeast ¼ of Section 29, Township 49, Range 33, in Kansas City, Jackson County, Missouri described as follows: Beginning at the intersection of the center line of Main Street with the center line of 49th Street, as both are now established, thence North along the center line of Main Street to the center line of the Brookside Boulevard (or any extension thereof), as both are now established; thence Southeasterly and Southerly, along the center line if Brookside Boulevard, to the center line of 49th Street, as both are now established; thence West , along the center line of 49th Street to the point of beginning.

Section 6. The Commission is authorized to issue obligations in one or more series of bonds secured by the Brush Creek Corridor 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 Commission determines, to enter into such contracts and stake all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan, as amended. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 and 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

Section 7. Pursuant to the provisions of the Redevelopment Plan, as amended, the City Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Brush Creek Corridor 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 8. That the designation of the Plaza East Redevelopment Project of the Brush Creek Corridor Redevelopment Plan as a redevelopment project is hereby terminated.

Section 9. That any surplus remaining in the Special Allocation Fund, less the administrative costs and expenses of the Commission, shall be distributed to the affected taxing jurisdictions in accordance with the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865, RSMo.

________________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Brian T. Rabineau

Assistant City Attorney