ORDINANCE NO. 080955
Approving the Eighth Amendment to
the Development Plan submitted by the Forty-Fifth and Main Redevelopment
Corporation and authorizing the Director of Finance to enter into an Eighth
Supplementary Contract with the Forty-Fifth and Main Redevelopment Corporation.
(305-S-10)
WHEREAS, the
Forty-Fifth and Main Redevelopment Corporation, an urban redevelopment
corporation of Missouri, organized under and pursuant to the Urban
Redevelopment Corporations Act of 1945, as amended, on May 4, 1983, filed with
the City Clerk an application for approval of a Development Plan, which was
approved by the City Council by Ordinance No. 55463, passed August 4, 1983; and
WHEREAS, the
Forty-Fifth and Main Redevelopment Corporation filed a First Amendment to its
Development Plan and said amendment was approved by Committee Substitute for
Ordinance No. 56906; and
WHEREAS, the
Forty-Fifth and Main Redevelopment Corporation filed a Second Amendment to its
Development Plan which was approved by Committee Substitute for Ordinance No.
62627; and
WHEREAS, the
Forty-Fifth and Main Redevelopment Corporation filed a Third Amendment to its
Development Plan which was approved by Committee Substitute for Ordinance No.
64941; and
WHEREAS, the
Forty-Fifth and Main Redevelopment Corporation filed a Fourth Amendment to its
Development Plan which was approved by Ordinance No. 930992; and
WHEREAS, the
Forty-Fifth and Main Redevelopment Corporation filed a Fifth Amendment to its
Development Plan which was approved by Ordinance No. 981244; and
WHEREAS, the
Forty-Fifth and Main Redevelopment Corporation filed a Sixth Amendment to its
Development Plan which was approved by Ordinance No. 011455; and
WHEREAS, the
Forty-Fifth and Main Redevelopment Corporation filed a Seventh Amendment to its
Development Plan which was approved by Ordinance No. 040702; and
WHEREAS, the
Forty-Fifth and Main Redevelopment Corporation filed with the City Clerk an
application for an Eighth Amendment to the Development Plan; and
WHEREAS, the
City Plan Commission caused notice of the public hearing to be published in The
Daily Record, the newspaper doing the City's printing, on May 5, 2008, such
date being not less than ten (10) days prior to the date set for the hearing;
and
WHEREAS, the
City Plan Commission did hold a public hearing on the Eighth Amendment on May
20, 2008, at which time all interested persons were given an opportunity to be
heard; and
WHEREAS, the
City Plan Commission has made an independent study and investigation of the
Eighth Amendment and recommended approval of the Eighth Amendment to the
Development Plan and submitted a report on the same, a copy of which is
attached hereto and incorporated herein by reference as Exhibit "A";
NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the application of the Forty-Fifth and Main Redevelopment Corporation for
approval of a Eighth Amendment to the Development Plan, filed with the City
Clerk, and amended in accordance with recommendations of the City Plan
Commission, is hereby incorporated herein by reference and approved as an
Eighth Amendment to the Development Plan as originally approved by Ordinance
No. 55463, passed August 4, 1983, as amended by Committee Substitute for
Ordinance No. 56906, passed August 30, 1984, as further amended by Committee
Substitute for Ordinance No. 62627, passed June 23, 1988, as further amended by
Committee Substitute for Ordinance No. 64941, passed December 28, 1989, as
further amended by Ordinance No. 930992, passed September 23, 1993, as amended
by Ordinance No. 981244, passed November 19, 1998, as further amended by
Ordinance No. 011455, passed November 8, 2001 and as further amended by
Ordinance No. 040702, passed July 29, 2004. A copy of the application is on
file in the office of the City Clerk under Document No. which
is attached hereto and incorporated herein by reference.
Section 2. That
the Council finds and declares that good cause has been shown for the approval
of the Eighth Amendment to the Development Plan of the Forty-Fifth and Main
Redevelopment Corporation and that the findings and declarations made by the
Council in Section 2 of Ordinance No. 55463, with respect to the Development
Plan of the Forty-Fifth and Main Redevelopment Corporation, have not been
affected by the amendment thereto and equally apply to said Development Plan,
as amended.
Section 3. That
the Council hereby finds and determines that the public convenience and
necessity will be served by the Development Plan, as amended.
Section 4. That
the Director of Finance be, and he is hereby, authorized and directed on behalf
of the City to enter into an Eighth Supplementary Contract with the Forty-Fifth
and Main Redevelopment Corporation, a copy of which in substantial form is
attached hereto as Exhibit "B" and which is hereby incorporated
herein by reference.
_____________________________________________
I hereby certify
that all public notices and hearings required by Chapter 74, Code of
Ordinances, have been given and held.
_______________________________
Secretary,
City Plan Commission
Approved
as to form and legality:
_______________________________
Heather
A. Brown
Assistant City Attorney