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Legislation #: 081070 Introduction Date: 10/23/2008
Type: Ordinance Effective Date: 12/14/2008
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the Union Hill Tax Increment Financing Plan; and approving the First Amendment to the Union Hill Tax Increment Financing Plan; designating an amended redevelopment area.

Legislation History
DateMinutesDescription
10/23/2008 Filed by the Clerk's office
10/23/2008 Referred to Finance and Audit Committee
11/19/2008 Do Pass as a Committee Substitute
11/20/2008 Assigned Third Read Calendar as Substituted
12/4/2008 Passed as Substituted

View Attachments
FileTypeSizeDescription
081070.pdf Authenticated 382K Authenticated
Economic Development Project Fact Sheet_Union Hill_1st Amendment.pdf Fact Sheet 66K Economic Development Project Fact Sheet
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081070 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=081070
Union Hill TIF - 1st Amendment - staff report (00103283-3).DOC Staff Report 30K Union Hill TIF Plan - First Amendment
Union Hill TIF - 1st Amendment - Ordinance Fact Sheet (00104261).DOC Fact Sheet 43K Union Hill TIF Plan - First Amendment
Union Hill TIF - 1st Amendment - Request for Ordinance (00104255).DOC Request for Ordinance 26K Union Hill TIF Plan - First Amendment
Exhibit 14 - September 2008 TIFC (00103548).PDF TIF Plan 1328K Union Hill TIF Plan - First Amendment

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 081070

 

Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the Union Hill Tax Increment Financing Plan; and approving the First Amendment to the Union Hill Tax Increment Financing Plan; designating an amended 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, on December 18, 1997, the City Council passed Committee Substitute for Ordinance No. 971698, As Amended, which accepted the recommendations of the Commission as to the Union Hill Tax Increment Financing Plan (the Redevelopment Plan) and designated the Redevelopment Area therein to be a blighted area; and

 

  WHEREAS, a first amendment to the Redevelopment Plan entitled the First Amendment to the Union Hill Tax Increment Financing Plan (the First 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 September 10, 2008, adopted Resolution No. 9-11-08 (the Resolution) recommending that the City Council approve the First Amendment; and

 

  WHEREAS, the First Amendment will amend the boundaries of the Redevelopment Plan Area by eliminating unactivated projects, amend the boundaries of certain Redevelopment Project Area, amend the legal description of Project Area N, and amend certain budget line-items; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations of the Commission concerning the First Amendment as set forth in the Resolution attached hereto as Exhibit A are hereby accepted and the First 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. That the following described area is hereby designated a Redevelopment Area:

 

Commencing at the intersection of the center line of Main Street as it now exists and the center line of Warwick Trafficway as it now exists; thence South along the center line of Main Street to the intersection with the center line of East 31st Street as it now exists; thence east along the center line of East 31st Street to the intersection with the westerly prolongation of the west lot line of Lot 20, Zahls Addition, thence south along said westerly prolongation of and the west lot line of Lot 20, Zahls Addition to the centerline of the east-west alley lying south and adjacent to Lot 20, Zahls Addition, thence east along the center line of said east-west alley to the intersection with the center line of Grand Avenue, thence north along the center line of Grand Avenue to the intersection with the center line of East 31st Street as it now exists, thence east along the center line of East 31st Street to the intersection with the center line of Oak Street; thence South along the center line of Oak Street to the center line of the vacated east-west alley lying South and adjacent to Lot 4, Springfield Park Addition; thence East along the center line of said east-west alley to the center line of the vacated north-south alley lying west and adjacent to Lot 2, R & D, Realty Addition, thence south along the center line of said north-south alley to the intersection with the westerly prolongation of the south lot line of Lot 2, R & D, Realty Addition; thence east along said easterly prolongation of and the south lot line of Lot 2, R & D, Realty Addition to the center line of Gillham Plaza as it now exists; thence north along the center line of Gillham Plaza to the center line of McGee Street Trafficway as it now exists; thence northwesterly along the center line of McGee Street Trafficway to the center line of East 29th Street as it now exists; thence west along the center line of East 29th Street to the southern line of Union Cemetery as it now exists; thence west along the southern line of Union Cemetery to the eastern line of Union Cemetery as it now exists, said point being on a north-south line adjacent to and parallel to the western lot line of Tract A, Founders at Union Hill First Plat, thence south along said eastern line of Union Cemetery to the southern line of Union Cemetery; thence west along the southern line of Union Cemetery to the western line of Union Cemetery, said point being on the east line of Tract D, Union Hill 4th Plat; thence north along the western line of Union Cemetery to the southern line of Union Cemetery, said point being on the north section line of the Southeast Quarter f the Northwest Quarter of Section 17, Township 49, Range 33; thence west along the southern line of Union Cemetery to the east right-of-way line of Grand Avenue and the western line of Union Cemetery to the north line of Tract 2, Lafayette Square; thence west along the north line of Tract 2, Lafayette Square to the center line of Warwick Trafficway; thence southerly and westerly along the center line of Warwick Trafficway to the Point of Beginning, all included in and a part of the City of Kansas City, Jackson County, Missouri.

 

Section 4. The legal description for Project Area N shall be as follows:

 

Beginning at a Point on the northerly right-of-way of E. 30th Street approximately 120.95 feet west of the point of intersection of the northerly right-of-way of E. 30th Street and the westerly right-of-way of Gillham Road; thence southerly across the right-of-way of E. 30th Street and along the easterly right-of-way of the north-south alley between Gillham Road and Oak Street to its point of intersection with the extended southerly lot line of Lot 13 of Pinkstons Springfield Addition; thence westerly along said southerly lot line of Lot 13 across the right-of-way of Oak Street and along the southerly lot line of Lot 34 of Pinkstons Springfield Addition extended to its point of intersection with the westerly right-of-way of the north-south alley between Oak Street and DeGroff Way; thence southerly along said westerly right-of-way of said alley to its point of intersection with the northerly line of the south 30 feet of Lot 3019 of DeGroffs Way; thence westerly along the northerly line of the south 30 feet of Lot 3019 of DeGroffs Way to its point of intersection with the easterly right-of-way of DeGroff Street; thence southerly along the easterly right-of-way of DeGroff Street to its point of intersection with the northerly right-of-way of E. 31st Street; thence westerly along the northerly right-of-way of E. 31st Street to its point of intersection with the westerly right-of-way of McGee Street; thence northerly approximately 137.5 feet along the westerly right-of-way of McGee Street to its point of intersection with the southerly lot line of Lot 23 of Withers Addition; thence westerly along said southerly lot line of Lot 23 extended to its point of intersection with the westerly right-of-way of the north-south alley between McGee Street and Grand Avenue; thence northerly along said westerly right-of-way of said alley to a point approximately 187.5 feet north of the northerly right-of-way of E. 31st Street; thence westerly approximately 114 feet along a line 187.5 feet north of and parallel to the northerly right-of-way of E. 31st Street to its point of intersection with the easterly right-of-way of Grand Avenue; thence southerly along said easterly right-of-way of Grand Avenue to a point approximately 127 feet north of the northerly right-of-way of E. 31st Street; thence westerly along a line approximately 127 feet north of and parallel to the northerly right-of-way of E. 31st Street to its point of intersection with the easterly right-of-way of the north-south alley between Grand Avenue and Walnut Street; thence northerly along said easterly right-of-way of said alley to its point of intersection with the extended northerly lot line of Lot 22 of Warwick Ridge; thence westerly along said extended northerly lot line of Lot 22 of Warwick Ridge to its point of intersection with the westerly right-of-way of Walnut Street; thence northerly along said westerly right-of-way of Walnut Street to its point of intersection with the northerly right-of-way of E. 29th Street; thence easterly along the northerly right-of-way line of E. 29th Street extended to its point of intersection with the easterly right-of-way of Grand Avenue; thence southerly along said easterly right-of-way of Grand Avenue to its point of intersection with the northerly lot line of the common ground of Union Hill 8th Plat; thence westerly approximately 114.88 feet along said northerly lot line extended to its point of intersection with the westerly right-of-way of the north-south alley between Grand Avenue and Union Cemetery; thence southerly along said westerly right-of-way to its point of intersection with the northerly lot line of Tract E of the Union Hill 4th Plat; thence easterly along said northerly lot line of Tract E of the Union Hill 4th Plat extended to its point of intersection with the easterly lot line of Lot 3 of Dunveigh Heights; thence southerly along the easterly lot line of Lot 3 of Dunveigh Heights to its point of intersection with the northerly right-of-way of E. 30th Street; thence easterly along said northerly right-of-way of E. 30th Street to a point approximately 120.95 feet west of the point of intersection of the northerly right-of-way of E. 30th Street and the westerly right-of-way of Gillham Road, said point being the Point of Beginning, all lying situate in Kansas City, Jackson County, Missouri, except, however, the following properties which shall be excluded from Project N:

 

Southeast corner of E. 30th Street & the north-south alley between McGee Street and Grand Avenue, legally described as Union Square Condominium All Common Areas, JA29820153500000000

 

230 E. 30th Street South 130 feet of Lot 6 of Dunveigh Heights

 

3010 Grand Avenue Lot 15 of Warwick Ridge

 

3014 Grand Avenue Lot 16 of Warwick Ridge

 

3002 3004 McGee Street South 40 feet of the north 100 feet of Lot 14 and the South 40 feet of the north 100 feet of the East 28.32 feet of Lot 15 of Withers Addition

 

221- 223 E. 30th Street East 41.66 feet of the North 60 feet of Lot 14 of Withers Addition.

 

217 219 E. 30th Street West 13.34 feet of the North 60 feet of Lot 14, also the East 28.32 feet of the North 60 feet of Lot 15 of Withers Addition

 

3011 McGee Street Lots 5 and 6 of Withers Addition, also Lots 3008 and 3010 DeGroff Way and all vacated alley adjacent to each

 

3002 Grand Avenue North 60 feet of Lots 11 and 12 and the North 60 feet of the East 3 feet of Lot 13 of Warwick Ridge

 

3004 Grand Avenue South 60 feet of Lots 11 and 12 and the East 3 feet of the South 60 feet of Lot 13 of Warwick Ridge

 

2949 Grand Avenue All of Lot 2949 and the West 9.18 feet of Lot 2951 of Union Hill 8th Plat

 

2951 Grand Avenue All of Lot 2951 except the East 9.18 feet in Union Hill 8th Plat

 

2911 Grand Avenue Lot 2911 of Union Hill 8th Plat

 

2909-B Grand Avenue Tract B of Union Hill 8th Plat

 

2909 Walnut Street Lot 2909 of Union Hill 8th Plat

 

2911 Walnut Street Lot 2911-A of Union Hill 8th Plat

 

2913 Walnut Street Lot 2913 of Union Hill 8th Plat

 

2901 Grand Avenue - Sec 17-49-33 Replat of a portion of Tr L, Union Hill Seventh Plat pt of Lot 9 Daf: Beg S 2 deg W alg w li of sd Lot 9 15', th S 87 deg E & Para Wi n li of sd Lot 9, 24' th S 2 deg W Para wi w li of sd Lot 9, 60' to a pt on s li of sd Lot th N 87 deg W alg sd s li 24' th N 2 deg E alg w li of sd Lot 9, 60' to pob (known as Lot 9-A on Cert Sur S-4 Pg-10)

 

2903 Grand Avenue Lot 2903 of Union Hill 8th Plat

 

2907 Grand Avenue - Lot 2905 of Union Hill 8th Plat

 

All lying situate in Kansas City, Jackson County, Missouri.

 

Section 5. 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 Committee Substitute for Ordinance No. 971698, As Amended, with respect to the Redevelopment Plan are not affected by the First Amendment and apply equally to the First 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 First Amendment;  

 

(c) The Redevelopment Plan, as amended, conforms 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) The plan has been developed for relocation assistance for businesses and residences; 

 

(g) The cost benefit analysis showing the impact of the First 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 First Amendment does not include the initial development or redevelopment of any gambling establishment.

 

(i)                  A blight study has been completed and the findings of such study satisfy the requirements provided under subdivision (1) of Section 99.805, RSMo.

 

Section 6. The Commission is authorized to issue obligations in one or more series of bonds secured by the Union Hill 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 Committee Substitute for Ordinance No. 971698, As Amended. 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 7. 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 Union Hill 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.

 

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Heather A. Brown

Assistant City Attorney