ORDINANCE NO. 180020

Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the Metro North Crossing Tax Increment Financing Plan and approving the First Amendment to the Metro North Crossing Tax Increment Financing Plan.

WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended, 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, Ordinance No. 100089, As Amended, passed on January 28, 2010, Ordinance No. 130986, passed on December 19, 2013, and Committee Substitute for Ordinance No. 140823, passed on June 18, 2015, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and 

  WHEREAS, the Metro North Crossing Tax Increment Financing Plan (the “Redevelopment Plan”) was approved by the Council by passage of Ordinance No. 151011 on December 10, 2015; and

WHEREAS, the first amendment to the Redevelopment Plan (“First Amendment”) was proposed to the Commission; and

WHEREAS, after all proper notice was given, the Commission met in public hearing regarding the First Amendment on December 13, 2017, at which time, after receiving the comments of all interested persons and taxing districts, the Commission approved Resolution No. 12-2-17 ("Resolution") recommending to the City Council the approval of the Redevelopment Plan; and

WHEREAS, the First Amendment provides for expansion of the Redevelopment Area and the Redevelopment Project by the addition of approximately 10 acres; a corresponding change to the legal description of the Redevelopment Area and Redevelopment Project Area 1; modifications to the general description of the Project Improvements, the estimated construction totals for the Redevelopment Project; modifications to the development schedule by extending the time for completion by approximately 2 years; and modifications to the specific objectives by decreasing the approximate square feet of new retail space from 605,000 square feet to 533,700 square feet; NOW, THEREFORE, 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the recommendations of the Commission concerning the First Amendment to the Redevelopment Plan as set forth in the Resolution are hereby accepted and the First Amendment, a copy of which is attached hereto, is hereby approved and adopted as valid and the Redevelopment Project contained therein is hereby approved and adopted.

Section 2. That 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 as a Redevelopment Area:

 A Tract of land located in the East half of the Northeast Quarter of Section 10 and the West half of the Northwest Quarter of Section 11, Township 51 North, Range 33 West of the 5th Principal Meridian, in Kansas City, Clay County, Missouri, more particularly described as follows:

Beginning at the Northwest Corner of the East half of the Northeast Quarter of said Section 10, Thence South 89 degrees 33 minutes 22 seconds East along the north line of the East half of the Northeast Quarter of said section 10, a distance of 169.67 feet; Thence South 00 degrees 41 minutes 09 seconds West, a distance of 355.01 feet; Thence South 89 degrees 29 minutes 04 seconds East, a distance of 150.02 feet; Thence along a non-tangential curve to the left, having an initial tangent bearing of South 26 degrees 13 minutes 33 seconds west, a radius of 50.00 feet, and an arc length of 201.95 feet; Thence South 89 degrees 29 minutes 04 seconds East, a distance of 909.60 feet to a point on the east line of the East half of the Northeast Quarter of Section 10; Thence continuing South 89 degrees 29 minutes 04 seconds East, a distance of 215.93 feet; Thence South 00 degrees 30 minutes 56 seconds West, a distance of 333.25 feet to a point on the Northerly right of way line of Metro North Drive; Thence South 89 degrees 29 minutes 04 seconds East along the Northerly Right-of-Way line of said Metro North Drive, a distance of 177.54 feet; Thence along a tangent curve to the right, being the Northerly Right-of-Way line of said Metro North Drive and the Easterly Right-of-Way line of North Wyandotte Avenue, having a radius of 320.00 feet and an arc length of 406.92 feet; Thence South 16 degrees 37 minutes 33 seconds East along the Easterly Right-of-Way line of said North Wyandotte Avenue, a distance of 545.90 feet; Thence along a tangent curve to the right, being the Easterly Right-of-Way line of said North Wyandotte Avenue, having a radius of 340.00 feet and an arc length of 101.72 feet; Thence South 00 degrees 30 minutes 56.0 seconds West, continuing along the Easterly Right-of-Way line of said North Wyandotte Avenue, a distance of 351.29 feet; Thence along a tangent curve to the right, being the Easterly Right-of-Way line of said North Wyandotte Avenue, having a radius of 240.00 feet and an arc length of 152.29 feet;

Thence South 00 degrees 41 minutes 09 seconds West, a distance of 117.81 feet; Thence North 89 degrees 46 minutes 07 seconds West, a distance of 90.23 feet; Thence South 00 degrees 41 minutes 09 seconds West, a distance of 416.95 feet to a point on the Northerly Right-of-Way line of Northwest Barry Road; Thence North 89 degrees 46 minutes 07 seconds West along the Northerly Right-of-Way line of Northwest Barry Road, a distance of 170.30 feet to the intersection of the Northerly Right-of-Way line of said Northwest Barry Road with the Easterly Right-of-Way line of said North Wyandotte Avenue; Thence South 85 degrees 05 minutes 35 seconds West, a distance of 111.66 feet to the intersection of the Northerly Right-of-Way line of said Northwest Barry Road with the Westerly Right-of-Way line of said North Wyandotte Avenue; Thence North 89 degrees 46 minutes 07 seconds West continuing along the Northerly Right-of-Way line of Northwest Barry Road, a distance of 355.87 feet; Thence North 00 degrees 41 minutes 09 seconds East, a distance of 163.70 feet; Thence North 89 degrees 46 minutes 07 seconds West, a distance of 106.01 feet to a point on the west line of the West half of the Northwest Quarter of said Section 11; Thence South 00 degrees 41 minutes 09 seconds West along the west line of the West half of the Northwest Quarter of said Section 11, a distance of 163.70 feet to a point on Northerly Right-of-Way line of Northwest Barry Road; Thence North 89 degrees 29 minutes 04 seconds West along the Northerly Right-of-Way line of Northwest Barry Road, a distance of 196.77 feet; Thence North 87 degrees 45 minutes 58 seconds West continuing along the Northerly Right-of-Way line of Northwest Barry Road, a distance of 100.05 feet; Thence North 82 degrees 04 minutes 39 seconds West continuing along the Northerly Right-of-Way line of Northwest Barry Road, a distance of 100.84 feet; Thence North 89 degrees 29 minutes 04 seconds West continuing along the Northerly Right-of-Way line of Northwest Barry Road, a distance of 207.50 feet; Thence South 85 degrees 52 minutes 03 seconds West continuing along the Northerly Right-of-Way line of Northwest Barry Road, a distance of 67.82 feet; Thence North 00 degrees 30 minutes 56 seconds East, a distance of 9.50 feet; Thence North 89 degrees 29 minutes 04 seconds West continuing along the Northerly Right-of-Way line of Northwest Barry Road, a distance of 589.90 feet; Thence North 05 degrees 38 minutes 11 seconds West, a distance of 518.45 feet to a point on the West line of the East half of the Northeast Quarter of said section 10; Thence North 00 degrees 40 minutes 22 seconds East along the West line of the East half of the Northeast Quarter of said section 10, a distance of 2042.60 feet to the point of beginning.

Containing 4,490,898 square feet or 103.097 acres, more or less.

  Section 4. That the Council hereby finds that:

(a)                Good cause has been shown for amendment of the Plan, and that the findings of the Council in Ordinance No. 151011 with respect to the Plan are not affected by the First Amendment and apply equally to the First Amendment;

(b)               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.

(c)                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;

(d)               The Redevelopment Plan conforms with the City’s current comprehensive plan and will not alter the land use contemplated by the Gashland/Nashua Land Use Plan and the implementation of the Redevelopment Plan will not change the existing zoning for the Redevelopment Project Areas. The Redevelopment Project shall be subject to the applicable provisions of the City’s Zoning Ordinance as well as other codes and ordinances as may be amended from time to time.

(e)                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;

(f)                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;

(g)               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.

(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 5. That the Commission is authorized to issue obligations in one or more series of bonds secured by the Metro North Crossing 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 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 pursuant to the power delegated to it in Ordinance No. 080726. 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 6. That 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 Metro North Crossing Account of the Special Association Fund to the payment of Redevelopment Project Costs within the Redevelopment Area 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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Brian T. Rabineau

Assistant City Attorney