ORDINANCE NO. 050258

Approving and designating Redevelopment Project 1 of the Blue Ridge Mall Tax Increment Financing Plan as a Redevelopment Project and adopting tax increment financing therefor. 

  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, on February 24, 2005, the City Council passed Ordinance No. 041238, which accepted the recommendations of the Commission as to the Blue Ridge Mall Tax Increment Financing Plan ("Redevelopment Plan") and designated the Redevelopment Area as a blighted area; and 

WHEREAS, the Redevelopment Plan and ordinance contemplate the implementation of the Redevelopment Plan through 6 Redevelopment Projects described in the Redevelopment Plan and the adoption of tax increment financing in the areas selected for such Redevelopment Projects; NOW, THEREFORE, 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY: 

Section 1. 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. 

Section 2. Redevelopment Project 1 is hereby approved, and the area selected for the Redevelopment Project legally described as follows:

A portion of Lots 6, 7, 8 and 9, OTTS PLAT, a subdivision of land in the Cities of Kansas City, and Independence, all in Jackson County, Missouri, according to the recorded plat thereof, the parcel of land to be herein described lies wholly within said City of Kansas City, being located South of U.S. Interstate Highway Route No. 70, West of Blue Ridge Boulevard and North of 43rd Street, as said Highway, Boulevard and Street are each now established in the Southeast Quarter of the Southeast Quarter of Section 21, and the Southwest Quarter of the Southwest Quarter of Section 22, all in Township 49 North, Range 32 West, being more particularly described as follows:

Commencing at the Southeast corner of the Southeast Quarter of the Southeast Quarter of said Section 21; thence North 86 degrees 37 minutes 51 seconds West along the Southerly line of the Southeast Quarter of the Southeast Quarter of said Section 21 and along the Southerly line of said Lot 6, a distance of 416.96 feet; thence North 03 degrees 22 minutes 09 seconds East, perpendicular to the last described course, a distance of 20 feet to a point on the Northerly right-of-way line of said 43rd Street, said point being 119.51 feet East of an angle point in the Northerly right-of-way line of said 43rd Street as measured along the Northerly line thereof and the Point of Beginning of the tract of land to be herein described; thence North 02 degrees 46 minutes 30 seconds East, a distance of 1,039.45 feet, more or less, to a point on the Southerly right-of-way line of said U.S. Interstate Highway Route No. 70, said point being 39.46 feet Southeasterly of an angle point in said Southerly right-of-way line, as measured along the Southerly line thereof, said angle point being 112.09 feet South of the survey centerline of said U.S. Interstate Highway Route No. 70 at Station 460+76.17; thence South 78 degrees 49 minutes 36 seconds East along said Southerly right-of-way line, a distance of 88.17 feet, more or less, to the point of intersection with the Northeasterly city limits line of said Kansas City, being also the Southwesterly city limits line of said Independence, said city limits line being established 300 feet Southwesterly of and parallel with the survey centerline of U.S. Highway Route No. 40, as now established; thence Southeasterly along the city limits line between said Kansas City and said Independence, as said line is established 300 feet Southwesterly of and parallel with the survey centerline of said U.S. Highway Route No. 40, the following courses and distances; thence Southeasterly along a curve to the left, having an initial tangent bearing of South 50 degrees 50 minutes 23 seconds East, a radius of 4119.72 feet and a central angle of 15 degrees 59 minutes 50 seconds, an arc length of 1,150.23 feet; thence South 66 degrees 50 minutes 13 seconds East, tangent to the last described curve, a distance of 495.35 feet, more or less, to a point on the Southwesterly right-of-way line of Blue Ridge Spur as now established 40 feet Southwesterly of the survey centerline of said Blue Ridge Spur; thence Southeasterly along the Southwesterly right-of-way line of said Blue Ridge Spur, being along a curve to the right which is 40 feet Southwesterly of and parallel with the survey centerline thereof, having an initial tangent bearing of South 22 degrees 21 minutes 33 seconds East, a radius of 915.37 feet and a central angle of 00 degrees 10 minutes 22 seconds, an arc length of 2.76 feet, more or less, to a point on the Northerly line of Lot 8, CORRECTED PLAT OF VINEYARD HEIGHTS, a subdivision in said Kansas City, County and State, according to the recorded plat thereof; thence North 87 degrees 16 minutes 22 seconds West along the Northerly line of said Lot 8 and its Westerly extension, a distance of 684.80 feet to the Northwest corner of the restricted area as shown on said plat of CORRECTED PLAT OF VINEYARD HEIGHTS; thence South 02 degrees 43 minutes 38 seconds West along the Westerly line of said restricted area and along the Westerly line of Lot 1 of said plat, perpendicular to the last described course, a distance of 309.80 feet (310 feet, Plat) to the Southwest corner of said Lot 1, being also a point on the Northerly right-of-way line of said 43rd Street, said point being 20 feet North of the Southerly line of the Southwest Quarter of the Southwest Quarter of said Section 22 and 20 feet North of the Southerly line of Lot 6, of said OTTS PLAT as measured perpendicular to each Southerly line thereof; thence North 87 degrees 16 minutes 22 West along said Northerly right-of-way line, being also along a line 20 feet North of and parallel with the Southerly line of said Quarter, Quarter Section and the Southerly line of said Lot 6, a distance of 460.35 feet, more or less, to a point on the Westerly line of the Southwest Quarter of the Southwest Quarter of said Section 22, being also a point on the Easterly line of the Southeast Quarter of the Southeast Quarter of said Section 21; thence North 86 degrees 37 minutes 51 seconds West along said Northerly right-of-way line, being also along a line 20 feet North of and parallel with the Southerly line of said Southeast Quarter of the Southeast Quarter of said Section 21 and the Southerly line of said Lot 6, a distance of 416.49 feet to the Point of Beginning. Containing 797,052 square feet or 18.298 acres, more or less.

is approved and designated as the Blue Ridge Mall Tax Increment Financing Plan Redevelopment Project 1 (the Redevelopment Project Area). 

Section 3. Tax increment allocation financing is hereby adopted for taxable real property in the Redevelopment Project Area 1. After the total equalized assessed valuation of the taxable real property in Redevelopment Project Area 1 exceeds the certified total initial equalized assessed valuation of the taxable real property in Redevelopment Project Area 1, the ad valorem taxes, and payment in lieu of taxes, if any, arising from the levies upon the taxable real property in such Redevelopment Project Area 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 shall 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 taxable lot, block, tract or parcel of real property in the Redevelopment Project Area shall be allocated to and, when collected, shall 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; 

2. Payments in lieu of taxes attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the Redevelopment Project Area over and above the initial equalized assessed value of each such unit of property in the Redevelopment Project Area shall be allocated to and, when collected, shall be paid to the City Treasurer who shall 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 shall be deemed delinquent and shall be assessed a penalty of one percent (1%) per month. 

Section 4. In addition to the payments in lieu of taxes described in subsection 2 of Section 3 above, fifty percent (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 Redevelopment Project Area over the amount of such taxes generated by economic activities within such Redevelopment Project 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, shall be allocated to, and paid by the collecting officer to the City Treasurer or other designated financial officer of the City, who shall deposit such funds in a separate segregated account within the Special Allocation Fund. 

_____________________________________________

Approved as to form and legality: 

______________________________

Heather A. Brown

Assistant City Attorney