ORDINANCE NO. 060067

Accepting the recommendations of the Tax Increment Financing Commission as to the Seventh Amendment to the Briarcliff West Tax Increment Financing Plan; and approving the Seventh Amendment to the Briarcliff West Tax Increment Financing Plan.

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, on May 3, 1990, the City Council passed Ordinance No. 65497, which accepted the recommendations of the Commission as to the Briarcliff West Tax Increment Financing Plan (the Redevelopment Plan) and designated the Redevelopment Area therein to be a blighted area; and

WHEREAS, on November 21, 1991, the City Council passed Committee Substitute for Ordinance No. 911387, which accepted the recommendations of the Commission as to the First Amended Briarcliff West Tax Increment Financing Plan and designated the expanded Redevelopment Area therein as a blighted area; and

WHEREAS, on November 17, 1994, the City Council passed Ordinance No. 941342, which accepted the recommendations of the Commission as to the Second Amendment to the Briarcliff West Tax Increment Financing Plan and designated the expanded Redevelopment Area therein as a blighted area; and

WHEREAS, on July 31, 1997, the City Council passed Ordinance No. 970713, which accepted the recommendations of the Commission as to the Third Amendment, which expanded the boundaries of the Redevelopment Area as defined by Ordinance No. 65497, on the south, moving said southern boundary from Missouri Route Highway 9 to the Missouri River, to include twenty-one (21) additional Redevelopment Projects, reconfigured Redevelopment Project Areas as defined by Committee Substitute for Ordinance No. 911387 and Ordinance No. 941342, reconfigured existing land uses called for in the Redevelopment Plan, as amended, increased the amount of reimbursement available for mine stabilization and increased the amount of reimbursement available for costs associated with implementation of the Redevelopment Plan, as amended ; and

WHEREAS, on December 14, 2000, the City Council passed Ordinance No. 001595, which accepted the recommendations of the Commission as to the Fourth Amendment, which expanded the Redevelopment area, added one additional project and designated an Expanded Redevelopment Area; and

WHEREAS, on July 29, 2004, the City Council passed Ordinance No. 040806, which accepted the recommendations of the Commission as to the Fifth Amendment, which expanded the Redevelopment area, changed the land use in Project Area 22 from commercial to residential, changed 11 acres of Project Area 38 to commercial use in Project Area 24 and the remainder for creation of wetlands and amended the budget in accordance with the Fifth Amendment; and

WHEREAS, on February 10, 2005, the City Council passed Ordinance No. 050093, which accepted the recommendations of the Commission as to the Sixth Amendment, which revised the budget for land, demolition and financing costs without changing the total budget; and

WHEREAS, a seventh amendment to the Redevelopment Plan entitled the Seventh Amendment to the Briarcliff West Tax Increment Financing Plan (the Seventh Amendment) was proposed to the Commission; and

WHEREAS, said 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, closed said public hearing on December 14, 2005, adopted Resolution No. 12-22-05 (the Resolution) recommending that the City Council approve the Seventh Amendment; and

WHEREAS, the Seventh Amendment clarifies budget line items keeping the total budget unchanged; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. The recommendations of the Commission concerning the Seventh Amendment as set forth in the Resolution attached hereto as Exhibit A are hereby accepted and the Seventh Amendment, a copy of which is attached hereto as Exhibit B, is hereby approved and adopted as valid and the Redevelopment Project contained therein is hereby authorized.

Section 2. All terms used in this ordinance, not otherwise defined herein, shall be construed as defined in Section 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the Act).

Section 3. The Council hereby finds that:

(a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the Council in Ordinance No. 65497, Committee Substitute for Ordinance No. 911387, Ordinance No. 941342, Ordinance No. 970713, Ordinance No. 001595, Ordinance No. 040806 and Ordinance No. 050093, with respect to the Redevelopment Plan are not affected by the Seventh Amendment and apply equally to the Seventh Amendment;

(b) The Redevelopment Area, as amended, is a blighted area, as a whole, and 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, as amended, and the Seventh Amendment;

(c) The Redevelopment Plan, as amended, confirms to 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 therein 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, as amended, and are not more than 23 years from the adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area, as amended;

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

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

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

Section 4. The Commission is authorized to issue obligations in one or more series of bonds secured by the Briarcliff West Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area, as amended, 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 Commission determines, to enter into such contracts and stake all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan, as amended, 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 and 99.865, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

Section 5. Pursuant to the provisions of the Redevelopment Plan, as amended the City Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Briarcliff West Account of the Special Association Fund to the payment of Redevelopment Project Costs within the Redevelopment Area, as amended, and authorizes the Commission to pledge such funds on its behalf.

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney