KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 140841 Introduction Date: 10/9/2014
Type: Ordinance Effective Date: none
Sponsor: None
Title: Authorizing condemnation and taking of private property located at 9251 Hillcrest Road, Kansas City, Missouri in fee simple for public use for reclamation of blighted, substandard or insanitary area within the Bannister _ I-435 TIF Redevelopment Area; receiving evidence, and making a determination, that this property is blighted, substandard or 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
10/6/2014 Filed by the Clerk's office
10/9/2014 Referred to Transportation & Infrastructure Committee
10/17/2014 Referred to Planning, Zoning & Economic Development Committee
10/22/2014 Advance and Do Pass, Debate
10/23/2014 Passed

View Attachments
FileTypeSizeDescription
140841.pdf Recorded Info 462K Recorded Info
140841.pdf Authenticated 346K Authenticated
Ord CS 130737 cert.pdf Other 457K 130737 cert ordinance
Ord 140594 cert.pdf Other 785K 140594 cert ordinance
Blight Study 9251 Hillcrest Road Ord No 140841.pdf Other 3572K Blight Study - 9251 Hillcrest
140841 Fact Sheet.pdf Fact Sheet 97K Fact Sheet

Printer Friendly Version

 

 

 

 

 

 

 

 

 

 

 

ORDINANCE NO. 140841

 

Authorizing condemnation and taking of private property located at 9251 Hillcrest Road, Kansas City, Missouri in fee simple for public use for reclamation of blighted, substandard or insanitary area within the Bannister & I-435 TIF Redevelopment Area; receiving evidence, and making a determination, that this property is blighted, substandard or 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 9251 Hillcrest Road, Kansas City, Missouri is located within the boundaries of both the original and the expanded Redevelopment Area; and

 

WHEREAS, there is abundant evidence that this real property situated in the City and hereinafter described is blighted, substandard or insanitary; and

 

WHEREAS, the Council finds that the fee and all other interests in the private property generally described as 9251 Hillcrest Road, 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 or 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, substandard or insanitary 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 Bannister & I-435 Tax Increment Financing Plan was a blighted, substandard or insanitary 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 blighted, substandard or insanitary, the Council hereby declares and finds that this real property is blighted, substandard or insanitary in the City of Kansas City, Missouri.

 

Section 2. That the fee interests and all others interests in the private real property hereinafter described are hereby authorized to be condemned and taken for the public purposes of reclamation, clearance, replanning, reconstruction and redevelopment of the blighted, substandard or insanitary conditions in and upon the land hereinafter described and situated in Kansas City, Jackson County, Missouri.

 

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 is hereby authorized to be condemned in a proceeding instituted in Jackson County, Missouri, by the City Attorney:

 

Lot 1, Benjamin Plaza, Third Plat, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

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 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:

 

 

______________________________

Galen P. Beaufort

Senior Associate City Attorney