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Legislation #: 950730 Introduction Date: 6/1/1995
Type: Ordinance Effective Date: 6/18/1995
Sponsor: None
Title: Amending the Linwood Corridor Project of the Midtown Redevelopment Tax Increment Financing Plan 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 as a Committee Substitute

6/8/1995

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 950730

 

Amending the Linwood Corridor Project of the Midtown Redevelopment Tax Increment Financing Plan 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Commission of Kansas City, Missouri (the "Commission") by Ordinance No. 54556, passed on November 24, 1982, and repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, passed on August 29, 1991; and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. 930064 designating the Linwood Corridor 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 Linwood Corridor 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 Linwood Corridor Redevelopment Project is amended to expand the boundaries as follows:

 

PART OF THE SOUTH OF SECTION 17, T49N, R33W OF THE 5TH P.M., KANSAS CITY, JACKSON COUNTY, MISSOURI GENERALLY BOUNDED BY MAIN STREET ON THE WEST, LINWOOD BOULEVARD ON THE NORTH, GILLHAM PLAZA ON THE EAST TO ITS INTERSECTION WITH THE WEST LINE OF THE NORTH-SOUTH ALLEY WHICH RUNS NORTH FROM 34TH STREET AND ON THE SOUTH BY THE NORTH LINE OF THE EAST-WEST ALLEY WHICH LIES BETWEEN 34TH STREET AND 33RD STREET; ALSO LOTS 1, 2, 3 AND 4 OF DUDLEY'S & HORNBECK'S ALLOTMENT AND LOT 38 OF HALSEY & DUDLEY'S ADDITION; ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS:

 

TRACT 1 OF 3:

 

BEGINNING AT THE SOUTHEAST CORNER OF LOT 4, HALSEY & DUDLEY'S ADDITION, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI; THENCE N87 -18' -47"W, (THIS BEARING AND ALL SUBSEQUENT BEARINGS ARE BASED ON THE KANSAS CITY, MISSOURI METRO CONTROL PROJECT 1987 THRU 1989) 120.02 FEET TO A POINT 10.00 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID LOT 4, SAID POINT BEING ON THE EAST RIGHT-OF-WAY LINE OF MAIN STREET AS ESTABLISHED BY KANSAS CITY, MISSOURI ORDINANCE NUMBER 1289, APPROVED AND PASSED IN MARCH OF 1890; THEN N2 -18' -35" E ON SAID EAST RIGHT-OF-WAY LINE, 872.50 FEET TO A POINT ON THE WEST LINE OF LOT A, TALBOTT PLACE, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI, SAID POINT BEING ON THE SOUTH RIGHT-OF-WAY LINE OF LINWOOD BOULEVARD AS ESTABLISHED BY KANSAS CITY, MISSOURI ORDINANCE NUMBER 36036, APPROVED AND PASSED IN NOVEMBER OF 1919; THENCE N74 -05' -03" E ON SAID SOUTH RIGHT-OF-WAY LINE, 165.96 FEET (168.67 FEET BY ORDINANCE) TO A POINT 25.00 FEET SOUTHERLY FROM THE NORTH LINE OF SAID LOT A; THENCE S87 -13' -24"E ON SAID SOUTH RIGHT-OF-WAY LINE, 937.17 FEET TO A POINT ON THE EAST LINE OF LOT 12, SAID TALBOTT PLACE, SAID POINT BEING 25.00 FEET SOUTHERLY FROM THE NORTHEAST CORNER OF SAID LOT 12; THENCE S81 -31' -03"E ON SAID SOUTH RIGHT-OF-WAY LINE, 50.29 FEET TO THE SOUTHWEST CORNER OF LOT 13 OF SAID TALBOTT PLACE; THENCE S87 -13' -24" E ON SAID SOUTH RIGHT-OF-WAY LINE, 135.0 FEET TO THE SOUTHEAST CORNER OF SAID LOT 13; THENCE 86 -39' -15" E, ON SAID SOUTH RIGHT-OF-WAY LINE, 14.00 FEET TO A POINT ON THE WEST LINE OF LOT 29, SPRINGFIELD PARK, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI, SAID POINT BEING 17.50 FEET NORTHERLY FROM THE SOUTHWEST CORNER OF SAID LOT 29; THENCE S87 -06' -12" E ON SAID SOUTH RIGHT-OF-WAY LINE 129.94 FEET TO A POINT ON THE EAST LINE OF SAID LOT 29, SAID POINT BEING 17.50 FEET NORTHERLY FROM THE SOUTHEAST CORNER OF SAID LOT 29; THENCE S67 -51' -55"E ON SAID SOUTH RIGHT-OF-WAY LINE, 53.15 FEET TO THE NORTHWEST CORNER OF LOT 45 OF SAID SPRINGFIELD PARK; THENCE S87 -06' -12" E ON SAID SOUTH RIGHT-OF-WAY LINE, 131.61 FEET TO A POINT 5.00 FEET EASTERLY FROM THE NORTHEAST CORNER OF SAID LOT 45 AND ON THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 45; THENCE N2 -20' -37" E ON SAID SOUTH RIGHT-OF-WAY LINE, ON A LINE 5.00 FEET EASTERLY FROM, AND PARALLEL WITH, THE EAST LINE OF LOTS 46 AND 47 OF SAID SPRINGFIELD PARK, 58.47 FEET (58.44 FEET BY ORDINANCE); THENCE N69 -00' -00"E ON SAID SOUTH RIGHT-OF-WAY LINE, 33.72 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF ROBERT GILLHAM ROAD (KNOWN AS GILLHAM PLAZA) AS ESTABLISHED BY KANSAS CITY, MISSOURI ORDINANCE NUMBER 50154, APPROVED AND PASSED IN JULY OF 1925; THENCE NORTHEASTERLY ON A CURVE TO THE RIGHT OF SAID WEST RIGHT-OF-WAY LINE, SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 11 -59' -21" (14 -39' BY ORDINANCE), AN ARC LENGTH OF 41.85 FEET (51.14 FEET BY ORDINANCE) TO A POINT OF COMPOUND CURVATURE; THENCE CONTINUING SOUTHEASTERLY ON A CURVE TO THE RIGHT OF SAID WEST RIGHT-OF-WAY LINE, SAID CURVE HAVING A RADIUS OF 50.00 FEET, A CENTRAL ANGLE OF 102 -55' -36" (100 -26' -13" BY ORDINANCE), AN ARC LENGTH OF 89.82 FEET (87.65 FEET BY ORDINANCE) TO A POINT OF TANGENCY; THENCE S3 -54' -57"W ON SAID WEST RIGHT-OF-WAY LINE, 249.56 FEET (242.39 FEET BY ORDINANCE) TO A POINT OF CURVATURE; THENCE CONTINUING SOUTHWESTERLY ON A CURVE TO THE RIGHT OF SAID WEST RIGHT-OF-WAY LINE, SAID CURVE HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGEL OF 33 -11' -47" (33 -14' -33" BY ORDINANCE), AN ARCH LENGTH OF 173.82 FEET (174.06 FEET BY ORDINANCE) TO A POINT OF TANGENCY; THENCE S37 -06' -44" ON SAID WEST RIGHT-OF-WAY LINE, 210.51 FEET (218.23 FEET BY ORDINANCE) TO A POINT ON THE SOUTH LINE OF LOT 11, BLOCK 4, TULLIS PARK, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI; THENCE N87 -07' -53"W ON SAID WEST RIGHT-OF-WAY LINE 81.13 FEET (80.81 FEET BY ORDINANCE) TO THE SOUTHWEST CORNER OF SAID LOT 11; THENCE S79 -23' -31"W ON SAID WEST RIGHT-OF-WAY LINE, 51.30 FEET TO THE SOUTHEAST CORNER OF LOT 6, BLOCK 5 OF SAID TULLIS PARK; THENCE S2 -18' -37"W ON SAID WEST RIGHT-OF-WAY LINE, 90.02 FEET TO THE SOUTHEAST CORNER OF LOT 7, BLOCK 5 OF SAID TULLIS PARK; THENCE S87 -07' -12"E ON SAID WEST RIGHT-OF-WAY LINE, 5.80 FEET TO THE NORTHEAST CORNER OF LOT 25, E. CHELLIS'S RESURVEY OF CHELLIS & DUDLEY'S 1ST ADDITION, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI; THENCE S2 -19' -58"W ON SAID WEST RIGHT-OF-WAY LINE 79.60 FEET TO THE SOUTHEAST CORNER OF SAID LOT 26 OF SAID E. CHELLIS'S RESURVEY OF CHELLIS & DUDLEY'S 1ST ADDITION; THENCE S37 -06' -44"W ON SAID WEST RIGHT-OF-WAY LINE, 144.41 FEET TO THE SOUTH LINE OF LOT 29, OF SAID E. CHELLIS'S RESURVEY OF CHELLIS & DUDLEY'S 1ST ADDITION; THENCE SOUTHWESTERLY ON A STRAIGHT LINE TO THE SOUTHEAST CORNER OF LOT 38 OF HALSEY AND DUDLEY'S ADDITION, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI, THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 38 TO THE SOUTHWEST CORNER THEREOF; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 38 TO THE NORTH LINE OF THE ALLEY LYING BETWEEN DUDLEY AND HORNBECK'S ALLOTMENT, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI AND HALSEY AND DUDLEY'S ADDITION; THENCE WESTERLY ALONG SAID LINE TO THE WEST LINE OF THE ALLEY WHICH RUNS NORTH AND SOUTH AND ABUTS LOTS 30, 31, 32, AND 33 OF DUDLEY & HORNBECK'S ALLOTMENT AND LOTS 1, 2, 3 AND 4 OF HALSEY & DUDLEY'S ADDITION; THENCE SOUTH ALONG SAID LINE TO THE POINT OF BEGINNING.

 

TRACT 2 OF 3:

 

THAT PART OF LINWOOD BOULEVARD RIGHT-OF-WAY AS ESTABLISHED BY KANSAS CITY, MISSOURI ORDINANCE NUMBER 36036, APPROVED AND PASSED IN NOVEMBER OF 1919 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF SAID LINWOOD BOULEVARD RIGHT-OF-WAY AND THE EAST LINE OF LOT 29, SPRINGFIELD PARK, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI, SAID POINT BEING 17.50 FEET NORTHERLY FROM THE SOUTHEAST CORNER OF SAID LOT 29; THENCE S67 -51' -55"E (THIS BEARING AND ALL SUBSEQUENT BEARINGS ARE BASED ON THE KANSAS CITY, MISSOURI METRO CONTROL PROJECT 1987 THRU 1989) ON SAID SOUTH RIGHT-OF-WAY LINE, 53.15 FEET TO THE NORTHWEST CORNER OF LOT 45 OF SAID SPRINGFIELD PARK; THENCE S87 -06' -12"E ON SAID SOUTH RIGHT-OF-WAY LINE, 131.61 FEET TO A POINT 5.00 FEET EASTERLY FROM THE NORTHEAST CORNER OF SAID LOT 45 AND ON THE EASTERLY PROLONGATION OF THE NORTH LINE OF SAID LOT 45; THENCE N2 -20' -37"E ON SAID SOUTH RIGHT-OF-WAY LINE, ON A LINE 5.00 FEET EASTERLY FROM, AND PARALLEL WITH, THE EAST LINE OF LOTS 46 AND 47 OF SAID SPRINGFIELD PARK, 58.47 FEET (58.44 FEET BY ORDINANCE); THENCE S80 -09' -45"W, 185.80 FEET TO THE POINT OF BEGINNING.

 

TRACT 3 OF 3:

 

THAT PART OF ROBERT GILLHAM ROAD RIGHT-OF-WAY (NOW KNOWN AS GILLHAM PLAZA) AS ESTABLISHED BY KANSAS CITY, MISSOURI ORDINANCE NUMBER 50154, APPROVED AND PASSED IN JULY OF 1925 AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF SAID ROBERT GILLHAM ROAD AND THE SOUTH LINE OF LOT 11, BLOCK 4, TULLIS PARK, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI; THENCE N87 -07' -53"W, (THIS BEARING AND ALL SUBSEQUENT BEARINGS ARE BASED ON THE KANSAS CITY, MISSOURI METRO CONTROL PROJECT 1987 THRU 1989) ON SAID WEST RIGHT-OF-WAY LINE 81.13 FEET (80.81 FEET BY ORDINANCE) TO THE SOUTHWEST CORNER OF SAID LOT 11; THENCE S79 -23' -31W ON SAID WEST RIGHT-OF-WAY LINE, 51.30 FEET TO THE SOUTHEAST CORNER OF LOT 6, BLOCK 5 OF SAID TULLIS PARK; THENCE S2 -18' -37"W ON SAID WEST RIGHT-OF-WAY LINE, 90.02 FEET TO THE SOUTHEAST CORNER OF LOT 7, BLOCK 5 OF SAID TULLIS PARK; THENCE S87 -07' -12"E ON SAID WEST RIGHT-OF-WAY LINE, 5.80 FEET TO THE NORTHEAST CORNER OF LOT 25, E. CHELLIS'S RESURVEY OF CHELLIS & DUDLEY'S 1ST ADDITION, A SUBDIVISION OF LAND IN KANSAS CITY, JACKSON COUNTY, MISSOURI; THENCE S2 -19' -58"W ON SAID WEST RIGHT-OF-WAY LINE 79.60 FEET TO THE SOUTHEAST CORNER OF LOT 26 OF SAID E. CHELLIS'S RESURVEY OF CHELLIS & DUDLEY'S 1ST ADDITION; THENCE N37 -06' -44"E, 219.65 FEET 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 Linwood Corridor Redevelopment Project. After the total equalized assessed valuation of the taxable real property in the Linwood Corridor Redevelopment Project exceeds the certified total initial equalized assessed valuation of the taxable real property in the Linwood Corridor 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 Linwood Corridor 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 Linwood Corridor 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