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Legislation #: 041238 Introduction Date: 11/4/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Blue Ridge Mall Tax Increment Financing Plan; approving the Blue Ridge Mall Tax Increment Financing Plan; and designating a Redevelopment Area.

Legislation History
DateMinutesDescription
11/2/2004 Filed by the Clerk's office
11/4/2004 Referred to Planning, Zoning & Economic Development Committee
11/8/2004 Hold Off Agenda
2/9/2005 Hold On Agenda (2/23/2005)
2/23/2005 Advance and Do Pass, Debate
2/24/2005 Passed

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ORDINANCE NO. 041238

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Blue Ridge Mall Tax Increment Financing Plan; approving the Blue Ridge Mall Tax Increment Financing Plan; and designating a Redevelopment Area.

 

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, the Blue Ridge Mall Tax Increment Financing Plan (the Redevelopment Plan) was proposed to the Commission; and

 

WHEREAS, the Commission has been duly constituted and its members appointed; and, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested persons and taxing districts with respect to the Redevelopment Plan, closed said public hearing on October 13, 2004, adopted its Resolution No. 10-28-04 (the Resolution) recommending to the City Council the approval of the Plan (the "Redevelopment Plan"); and

 

WHEREAS, the Redevelopment Plan is a comprehensive program intended to reduce or eliminate blight and enhance the tax base within the Redevelopment Area through the implementation of a number of separate Redevelopment Projects and the adoption of tax increment financing for each of the areas selected for such Redevelopment Projects; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendation of the Commission concerning the Redevelopment Plan as set forth in the Resolution attached hereto as Exhibit "A", is hereby accepted and the Redevelopment Plan, a copy of which is attached hereto as Exhibit "B", is hereby approved and adopted.

 

Section 2. 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 (the "Act").

 

Section 3. The following described area is hereby designated a Redevelopment Area:

 

Beginning at the point of intersection of the Westerly right-of-way line of Sterling Avenue with the Northerly right-of-way line of 43rd Street, as said Avenue and Street are now both established; thence North 90 degrees 00 minutes 00 seconds West along the Northerly right-of-way line of said 43rd Street, along a line 20 feet North of and parallel with the Southerly line of said Quarter, Quarter Section, a distance of 738.93 feet to a point of intersection with the Southerly extension of the Easterly line of STERLING SQUARE, a subdivision of land in said City, County and State, according to the recorded plat thereof; thence North 1 degree 22 minutes 56 seconds West (N.1 degree 58 minutes 51 seconds E., Plat) along the Easterly line of said STERLING SQUARE and its Southerly extension, said line being parallel with the Westerly line of said Quarter, Quarter Section, a distance of 914.11 feet to a point on the Southerly right-of-way line of U.S. Interstate Highway Route No. 70, as now established; thence Southeasterly and Easterly along said Southerly right-of-way line, the following courses and distances; thence South 58 degrees 15 minutes 23 seconds East, 504.80 feet, more or less to a point 500 feet South of the survey centerline of said U.S. Interstate Highway Route No. 70 at Station 448+36.97; thence South 74 degrees 49 minutes 14 seconds East, 167.61 feet, more or less to a point 545 feet South of said survey centerline at Station 449+98.43; thence North 89 degrees 36 minutes 21 seconds East, 137.22 feet, more or less to a point 545 feet South of said survey centerline at Station 451+35.85; thence South 43 degrees 07 minutes 39 seconds East, 27.23 feet, more or less to a point on the Westerly right-of-way line of said Sterling Avenue, said point being 50 feet West of the Easterly line of said Quarter, Quarter Section, as measured perpendicular thereto; thence North 1 degree 22 minutes 43 seconds West along the Northerly Extension of the Westerly right-of-way line of said Sterling Avenue, along a line 50 feet West of and parallel with the Easterly line of said Quarter, Quarter Section, a distance of 438.30 feet, more or less to a point on the Westerly extension of the Southerly right-of-way line of U.S. Interstate Highway Route No. 70, as now established; thence North 88 degrees 42 minutes 04 seconds East along the Westerly extension of said Southerly right-of-way line, a distance of 100 feet, more or less to the point of intersection of the Easterly right-of-way line of said point being 50 feet East of the Westerly line of the Southeast Quarter of the Southeast Quarter of said Section 21, Township 49, Range 32; thence continuing North 88 degrees 42 minutes 04 seconds East along the Southerly right-of-way line of said U.S. Interstate Highway Route No. 70, a distance of 829.69 feet more or less to a point 112.09 feet South of the survey centerline of said U.S. Interstate Highway Route No. 70 at Station 460+76.17; thence South 82 degrees 11 minutes 30 seconds East along the Southerly right-of-way line of said U.S. Interstate Highway Route No. 70, a distance of 127.63 feet, more or less to a point of intersection with the Northeasterly city limits line said Kansas City, being also the Southwesterly city limits line of said Independence, said city limits line being established 300 feet Southwesterly of and concentric 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 the following courses and distances; thence Southeasterly along a curve to the left, having an initial tangent bearing of South 54 degrees 12 minutes 17 East, a radius of 4,119.72 and a central angle of 15 degrees 59 minutes 50 seconds, an arc length of 1,150.23 feet; thence South 70 degrees 12 minutes 07 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, along a curve to the right, having an initial tangent bearing of South 25 degrees 43 minutes 27 seconds East, a radius of 915.37 feet and a central angle of 0 degrees 10 minutes 22 seconds, an arc length of 2.76 feet more or less to a point on the Northerly line of the CORRECTED PLAT OF VINEYARD HEIGHTS, a subdivision in said Kansas City, County and State, according to the recorded plat thereof; thence South 89 degrees 21 minutes 44 seconds West along the Northerly line of said CORRECTED PLAT OF VINEYARD HEIGHTS, a distance of 684.80 feet to the Northwest corner thereof; thence South 0 degrees 38 minutes 16 seconds East along the Westerly line of said plat, perpendicular to the last described course, a distance of 309.80 feet to the Southwest corner of said plat, 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 Section 22, Township 49, Range 32 as measured perpendicular thereto; thence Westerly along the Northerly right-of-way line of said 43rd Street, the following courses and distances; thence South 89 degrees 21 minutes 44 seconds West, along a line 20 feet North of and parallel with the Southerly line of said Southwest Quarter, a distance of 460.35 feet to a point on the Westerly line of said Southwest Quarter, being also a point on the Easterly line of the Southeast Quarter of Section 21 Township 49, Range 32; thence North 89 degrees 59 minutes 45 seconds West, along a line 20 feet North of and parallel with the Southerly line of said Southeast Quarter, a distance of 536.08 feet; thence North 80 degrees 56 minutes 24 seconds West, 127.07 feet to a point 40 feet North of the Southerly line of said Southeast Quarter; thence North 89 degrees 59 minutes 45 seconds West, along a line 40 feet North of and parallel with the Southerly line of said Southeast Quarter, a distance of 609.99 feet to the point of intersection with the Easterly right-of-way line of Sterling Avenue, said point being 50 feet East of the Westerly line of the Southeast Quarter of the Southeast Quarter of said Section 21, Township 49, Range 32; thence South 88 degrees 37 minutes 17 seconds West along a line drawn perpendicular to the Westerly line of said Quarter, Quarter Section, a distance of 100 feet to a point on the Westerly right-of-way line of Sterling Avenue, said point being 50 feet West of the Easterly line of the Southwest Quarter of the Southeast Quarter of said Section 21, Township 49, Range 32; thence South 1 degree 22 minutes 43 seconds East along the Westerly right-of-way line of said Sterling Avenue, along a line 50 feet West of and parallel with the Easterly line of said Quarter, Quarter Section, a distance of 17.59 feet to the Point of Beginning. Containing 62.731 acres, more or less.

 

Section 4. In accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

 

(a) The Redevelopment Area as a whole is a blighted area, defective or inadequate street layout; unsanitary or unsafe conditions including deteriorating/obsolete improvements in the later stages of their economic lives, vacant projects, poor to fair condition; deterioration of site improvements (physical or functional) ; improper subdivision or obsolete platting and existence of conditions that endanger life or property by fire or other causes and loss of anchor tenants as evidenced by excess vacancies, inability of the buildings within the Redevelopment Area to pay reasonable taxes and declining property values.

 

(b) 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;

 

(c) The Redevelopment Plan conforms to FOCUS and the Sports Area Complex Land Use and Development Plan, together, the comprehensive plan for the development of the City as a whole;

 

(d) The areas selected for Redevelopment Projects include only those parcels of real property and improvements thereon which will be directly and substantially benefited by the Redevelopment Project improvements;

(e) The estimated dates of completion of the respective Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs, have been stated in the Redevelopment Plan, and are not more than 23 years from the adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area;

 

(f) A plan has been developed for relocation assistance for businesses and residences;

 

(g) A cost-benefit analysis showing the impact of the Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act; and

 

(h) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment.

 


Section 5. The City and/or the Commission is authorized to issue obligations in one or more series of bonds secured by the Blue Ridge Mall Tax Increment Financing Plan Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area and subject to any constitutional limitations, to acquire by purchase, donation, lease or eminent domain, own, convey, lease, mortgage, or dispose of, land or other property, real or personal, or rights or interests therein, and grant or acquire licenses, easements and options with respect thereto, all in the manner and at such price the City and/or the Commission determines, to enter into such contracts and take all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan pursuant to the power delegated to it in Ordinance No. 54556. Any obligations issued to finance Redevelopment Project Costs shall contain a recital that they are issued pursuant to Sections 99.800 to 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

 

Section 6. Pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Blue Ridge Mall Account of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Redevelopment Area and authorizes the Commission to pledge such funds on its behalf.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Heather A. Brown

Assistant City Attorney