ORDINANCE NO. 040988

Approving and designating Redevelopment Project No. XXXVIII of the Briarcliff West Tax Increment Financing Plan, as amended, as a Redevelopment Project and adopting tax increment financing therein.

WHEREAS, the City Council of Kansas City, Missouri, by Ordinance No. 54556, passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute for Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing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 (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 Briarcliff West Tax Increment Financing Plan and designated the expanded Redevelopment Area as a blighted area; and

WHEREAS, on July 31, 1997, the City Council passed Ordinance No. 970713, which approved the Third Amendment to the Briarcliff West Tax Increment Financing Plan (Third Amendment) and designated the expanded Redevelopment Area as a blighted area; 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 to Briarcliff West Tax Increment Financing Plan; 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 to Briarcliff West Tax Increment Financing Plan; and

WHEREAS, the Redevelopment Plan, as amended, and Ordinance No. 65497, Committee Substitute for Ordinance No. 911387, Ordinance Nos. 941342, 970713, 001595 and 040806, contemplate the implementation of the Redevelopment Plan, as amended, through a number of Redevelopment Projects and the adoption of tax increment financing in the areas selected for such Redevelopment Projects; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. All terms used in this ordinance not otherwise defined herein, shall be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended.

Section 2. The area selected for Briarcliff West Redevelopment Project No. XXXVIII, legally described as follows:

All that part of the Fractional Northwest Quarter of Section 10, Township 50 North, Range 30 West, in the City of Kansas City, Clay County, Missouri, more particularly described as follows: commencing at the Northwest corner of the Fractional Northwest Quarter of said Section 10, thence South 00̊4911 West, with the West line of the Fractional Northwest Quarter of said Section 10, and the West line of Willson Ritchey, a subdivision, and the county line between Platte County and Clay County, commonly known as the Old Boundary of Missouri, a distance of 453.61 feet to the point of beginning; thence continuing South 00̊4911 West, with the West line of the Fractional Northwest Quarter of said Section 10, and its Southerly prolongation, a distance of 1641.57 feet to a point on the North right-of-way of the Chicago, Burlington and Quincy Railroad; thence South 65̊3602 East, with the Northerly right-of-way of the Chicago, Burlington and Quincy Railroad, a distance of 1910.55 feet; thence North 26̊4206 East, and no longer with the North right-of-way of the Chicago, Burlington and Quincy Railroad, a distance of 635.16 feet; thence North 60̊5103 West, a distance of 62.00 feet; thence North 08̊4445 East, a distance of 481.19 feet to the centerline of the Old Line Creek Slough as located and described in the Decree of the Circuit Court of Clay County, Missouri, in Cause No. 30586, and recorded in the Office of the Recorder of Deeds for said county on December 16, 1965, in Book 881, at Page 192; thence with the center line of the Old Line of Creek Slough, South 86̊2308 West, a distance of 574.55 feet to a point on the east right-of-way of Mulberry Avenue; thence South 86̊2256 West, a distance of 45.13 feet to a point on the west right-of-way of Mulberry Avenue; thence South 86̊5712 West, a distance of 260.56 feet to a point on the east right-of-way of Hickory Avenue; thence South 86̊5405 West, a distance of 45.09 feet to a point on the west right-of-way of Hickory Avenue; thence South 86̊5156 West, a distance of 260.59 feet to a point on the east right-of-way of Ritchey Boulevard; thence South 86̊4457 West, a distance of 301.52 feet; thence South 62̊2136 West, a distance of 118.50 feet; thence South 71̊2322 West, a distance of 137.80 feet to a point on the west line of the east half of Blocks 16 and 6, Willson Ritchey ; thence North 00̊4911 East, with the west line of the east half of Willson Ritchey, a distance of 1104.21 feet; thence North 36̊1534 East, a distance of 148.37 feet to a point on the westerly right-of-way of Missouri Highway No. 9; thence North 48̊2636 West, with the westerly right-of-way of Missouri Highway No. 9, a distance of 452.23 feet; thence continuing with the westerly right-of-way of Missouri Highway No. 9, on a curve to the left having a radius of 2709.79 feet, a central angle of 01̊2658, with an initial tangent bearing of North 72̊4934 West, an arc distance of 68.33 feet to the point of beginning. The above described tract contains 1708593.37 square feet, or 39.22 acres, more or less.

is approved and designated as Briarcliff West Redevelopment Project No. XXXVIII (hereinafter Project No. XXXVIII).

Section 3. Tax increment allocation financing is hereby adopted for taxable real property in the above described area selected for Project No. XXXVIII. After the total equalized assessment valuation of the taxable real property in Project No. XXXVIII exceeds the certified total initial equalized assessed valuation of the taxable real property in Project No. XXXVIII the ad valorem taxes and payment in lieu of taxes, if any, arising from the levies upon the taxable real property in such project by taxing districts and tax rates determined in the manner provided in subsection 2 of Section 99.855 each year after the effective date of the ordinance until redevelopment costs have been paid shall be divided as follows:

1. That portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the initial equalized assessed value of each such taxable lot, block, tract or parcel or real property in the area selected for Project No. XXXVIII shall be allocated to and, when collected, shall be paid by the Clay County Collector and the City Treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing;

2. Payments in lieu of taxes attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the area selected for Project No. XXXVIII over and above the initial equalized assessed value of each such unit of property shall be allocated to and, when collected, shall be paid to the City Treasurer who shall deposit such payment in lieu of taxes into a special fund called the Special Allocation Fund of the City for the purpose of paying Redevelopment Project Costs and obligations incurred in the payment thereof.

Section 4. In addition to the payments in lieu of taxes described in subsection 2 of Section 3 above, 50% of the total additional revenue from taxes which are imposed by the City or taxing districts, and which are generated by economic activities within the area selected for Project No. XXXVIII over the amount of such taxes generated by economic activities within such area in the calendar year prior to the passage of this ordinance, while tax increment financing remains in effect, but excluding taxes imposed on sales of charges for sleeping rooms paid by transient guests of hotels and motels, licenses, fees or special assessments and personal property taxes, other than payments in lieu of taxes, shall be allocated to, and when paid by the collecting officer to the City Treasurer or other designated financial officer of the City, who shall deposit such funds in a separate segregated account within the Special Allocation Fund.

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney