COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 150391
Authorizing condemnation and taking
of private property located at 6101 E 87th Street, Kansas City,
Missouri in fee simple for public use for reclamation of a blighted,
substandard or insanitary area within the First Amendment to the Bannister
& I-435 TIF Redevelopment Area; receiving evidence, and making a
determination, that this property is not only blighted, but is also substandard
and insanitary; providing for the payment of just compensation therefore;
authorizing continued negotiations by the Public Works Department; consenting
to the filing of the petition for condemnation by the City Attorney on behalf
of the City; and authorizing the City Clerk to cause this ordinance to be recorded
in the office of the Recorder of Deeds for Jackson County, Missouri.
WHEREAS, on
January 23, 2013, the City Council (“Council”) passed Ordinance No. 140027,
which amended Chapter 74, Code of Ordinances, entitled “Kansas City
Redevelopment Ordinance” by adding a new Article V to be known as the
“Reclamation of Blighted, Substandard or Insanitary Areas Process” which
provides for the City of Kansas City, Missouri’s (“City”) exercise of the
powers granted to it as a constitutionally chartered city by Section 21,
Article VI of the Missouri Constitution; and
WHEREAS, the
Council passed Committee Substitute for Ordinance No. 130737 on October 10,
2013 which approved and adopted the Bannister & I-435 Tax Increment
Financing Plan (“Redevelopment Plan”) which is a comprehensive program to
reduce or eliminate blight, substandard or insanitary conditions and enhance
the tax base within the Redevelopment Area for this Redevelopment Plan through
the implementation of a number of separate Redevelopment Projects; and
WHEREAS, in
Section 4(a) of Committee Substitute for Ordinance No. 130737, the Council made
the finding that: “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”; and
WHEREAS, in
Section 4(b) of Committee Substitute for Ordinance No. 130737, the Council made
the finding that: “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”;
and
WHEREAS, in
Section 3 of Committee Substitute for Ordinance No. 130737, the Council
described and designated the Redevelopment Area for this Redevelopment Plan;
and
WHEREAS, the
Council was then subsequently asked to consider expanding the Redevelopment
Area; and
WHEREAS, as a
result of that reconsideration, the Council passed Ordinance No. 140594 on
August 14, 2014 which approved and adopted the First Amendment to the Bannister
& I-435 Tax Increment Financing Plan (“First Amended Redevelopment Plan”)
and found the First Amended Redevelopment Plan also to be a comprehensive
program to reduce or eliminate blight, substandard or insanitary conditions and
enhance the tax base within the expanded Redevelopment Area for this First
Amended Redevelopment Plan through the implementation of a number of separate
Redevelopment Projects; and
WHEREAS, in
Section 4(a) of Ordinance No. 140594, the Council made the finding that the
expanded “. . . 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”; and
WHEREAS, in
Section 4(b) of Ordinance No. 140594, the Council made the finding that the
expanded “ … 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”;
and
WHEREAS, in
Section 3 of Ordinance No. 140594, the Council described and designated the
expanded Redevelopment Area for this Redevelopment Plan; and
WHEREAS, the real
property generally described as 6101 E 87th Street, Kansas City,
Missouri is located within the boundaries of the expanded Redevelopment Area of
the First Amendment to the Bannister & I-435 TIF Plan; and
WHEREAS, there is
abundant evidence that this real property situated in the City and hereinafter
described is not only blighted, but is also substandard and insanitary,
including but not limited to studies performed by Belke Appraisal and Consulting
Services, Inc. and Integra Realty Resources – Kansas City; and
WHEREAS, the
Council finds that the fee and all other interests in the private property
generally described as 6101 E. 87th Street, Kansas City, Missouri
and legally described as set out below, must be condemned in fee simple for the
public purpose of reclamation of this blighted, substandard and insanitary
property in Kansas City, Jackson County, Missouri; NOW, THEREFORE,
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That,
having considered the evidence that the originally described and designated
Redevelopment Area of the Bannister & I-435 Tax Increment Financing Plan
was a blighted area prior to the Council’s passage of Committee Substitute for
Ordinance No. 130737 and having considered the evidence that the expanded
described and designated Redevelopment Area of the First Amendment to the Bannister
& I-435 Tax Increment Financing Plan was a blighted area prior to the
Council’s passage of Ordinance No. 140594 and having considered the evidence
presented by staff that the real property hereinafter described which lies
within the expanded Redevelopment Area as described in the above ordinances is not
only blighted, but is also substandard and insanitary, the Council hereby
declares and finds that the real property described in Section 4, in the City
of Kansas City, Missouri, is
(a) blighted, due to
age, conditions conducive to obsolescence, inadequate or outmoded design,
physical deterioration, crime and ill health, its status as an economic and
social liability, and its and the surrounding area’s inability to pay
reasonable taxes; and
(b) substandard, due to
obsolescence, inadequate or outmoded design, physical deterioration, its status
as an economic and social liability, and its and the surrounding area’s
inability to pay reasonable taxes; and
(c) insanitary, due
to crime and conditions conducive to ill health.
Section 2. That
the fee interest and all other interests in the private real property described
in Section 4 are hereby authorized to be condemned and taken for the public
purposes of clearance, replanning, reconstruction, redevelopment and
rehabilitation of a blighted, substandard or insanitary area, in accord with
Article VI of Section 21 of the Missouri Constitution, and separately and
independently in accord with Section 99.820(3) of the Real Property Tax
Increment Allocation Redevelopment Act;
Section 3. That
the property shall be made available by the City for redevelopment in
accordance with both the Bannister & I-435 Tax Increment Financing Plan and
with the laws and regulations governing condemnation.
Section 4. That
the fee interests and all other interests in the private property described
below are hereby authorized to be condemned in a proceeding instituted in
Jackson County, Missouri, by the City Attorney:
Tract 1, Benjamin
Acres, Second Plat, a subdivision in Kansas City, Jackson County, Missouri,
except that part conveyed to the City of Kansas City, Missouri for 87th
Street as Document No. K-9031159 in Book K-1972, Page 585.
Section 5. That
just compensation for the property taken shall be assessed and paid according
to law; and the proceedings to determine compensation shall be prosecuted in
the Circuit Court of Jackson County, Missouri, pursuant to the provisions of
Chapter 523 of the Revised Statutes of Missouri, as supplemented or amended by
Sections 86.01 to 86.10 of the Missouri Rules of Civil Procedure. Payment of
compensation shall be made by the City from funds appropriated or to be
appropriated for such purposes.
Section 6. That
pending the acquisition of said property by condemnation, the Director of
Public Works is hereby authorized to negotiate the purchase of said property
and pay for it out of funds appropriated or to be appropriated as aforesaid,
and if the property be so acquired by negotiation and purchase, the City
Attorney is authorized to withdraw same from condemnation proceedings.
Section 7. That
said property described in Section 4 be condemned and conveyed to Kansas City,
Missouri.
Section 8. That,
upon the effective date of this ordinance, the City Clerk is hereby directed to
record this ordinance in the office of the Recorder of Deeds for Jackson County,
Missouri.
___________________________________________
Approved
as to form and legality:
___________________________________
Austin
Steelman
Assistant
City Attorney