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