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Legislation #: 150391 Introduction Date: 5/21/2015
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
5/19/2015 Filed by the Clerk's office
5/21/2015 Referred to Planning, Zoning & Economic Development Committee
5/27/2015 Advance and Do Pass as a Committee Substitute, Debate
5/28/2015 Passed as Substituted

View Attachments
FileTypeSizeDescription
150391 Rcrd Info.pdf Recorded Info 490K Recorded Info
150391.pdf Authenticated 363K Authenticated
150391 Blight Study.pdf Other 5112K Blight Study
150391 Fact Sheet.pdf Fact Sheet 110K Fact Sheet

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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.

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Approved as to form and legality:

 

 

___________________________________

Austin Steelman

Assistant City Attorney