ORDINANCE NO. 060010
Accepting the recommendations of
the Tax Increment Financing Commission as to the Baltimore Place Tax Increment
Financing Plan; approving the Baltimore Place Tax Increment Financing Plan; and
designating a 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, the
Baltimore Place Tax Increment Financing Plan (the Redevelopment Plan) was
proposed to the Commission; and
WHEREAS, the
Redevelopment Plan is a comprehensive program intended to reduce or eliminate
blight and enhance the tax base within the redevelopment area (the
Redevelopment Area) through the implementation of a number of separate
Redevelopment Projects and the adoption of tax increment financing for each of
the areas selected for such Redevelopment Projects; and
WHEREAS, the
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 with
respect to the Redevelopment Plan, closed said public hearing on December 14,
2005, adopted its Resolution No. 12-19-05 (the Resolution) recommending to the
City Council the approval of the Redevelopment Plan; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. The
recommendation of the Commission concerning the Redevelopment Plan as set forth
in the Resolution attached hereto as Exhibit "A", is hereby accepted
and the Redevelopment Plan, a copy of which is attached hereto as Exhibit
"B", is hereby approved and adopted.
Section 2. All
terms used in this ordinance shall be construed as defined in Sections 99.800
to 99.865 of the Revised Statutes of Missouri, as amended (the
"Act").
Section 3. The
following described area is hereby designated a Redevelopment Area:
Commencing at the
southeast corner of the intersection of Wyandotte and 8th Street as
now established; thence east along the south right-of-way line of 8th
Street to the Southwest comer of the intersection of 8th Street and
Baltimore as now established; thence south along the prolongation of the west
right of way line of Baltimore to the north lot line of Lot 1, Block 2,
Ashburn's addition; thence east along the north line of Lot 1, Block 2,
Ashburn's addition to the west right-of-way line of Baltimore as now
established, thence south along the west right-of-way line of Baltimore to the
south lot line of Lot 7, Block 2 Ashburn's Addition; thence west along the
south lot line of Lot 7 to the center line of a north-south alley adjacent
thereto; thence north along the center line of said north-south alley to the
prolongation of the south line of Lot 17, Block 2, Ashburn's Addition; thence
west along the south lot line of Lot 17, Block 2, Ashburn's Addition to the East
right-of-way line of Wyandotte as now established; thence north along the east
right-of-way of Wyandotte to the point of beginning. Excepting therefrom, Lots
93 and 94, Block 13, Hubbards Addition, a subdivision in Kansas City, Jackson
County, Missouri. Also excepting therefrom, all that part of the Northwest 'l4
of the Northwest 'l4 of Section 5, Township 49, Range 33, Kansas City, Jackson
County, Missouri, described as follows: Beginning in the North line of Ninth
Street at a point 117.75 feet East of the East line of Wyandotte Street as said
streets are now established, said point being in the East line of Hubbard's
Addition, a subdivision in Kansas City, Jackson County, Missouri; thence East
along the North line of Ninth Street 40 feet; thence North 125 feet to a point
in the South line of an alley; thence West along the South line of said alley
40 feet to a point in the East line of Hubbard's Addition; thence South 125
feet to point of beginning, together with the South one-half of that part of
the vacated alley lying North and adjacent to the foregoing described property
(said vacated alley lying East of a line parallel with and 101.38 feet West of
the West line of Baltimore Avenue.
Section 4. In
accordance with the recommendations of the Commission as set forth in the
Resolution, the City Council hereby finds that:
(a) 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.
(b) 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;
(c) The Redevelopment Plan conforms to FOCUS and Downtown Land
Use and Development Plan, together, 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 thereon 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, and
are not more than 23 years from the adoption of any ordinance approving a
Redevelopment Project within the Redevelopment Area;
(f) 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.
Section 5. The
City and/or the Commission is authorized to issue obligations in one or more
series of bonds secured by the Baltimore Place Tax Increment Financing Plan
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 City and/or the
Commission determines, to enter into such contracts and take 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.
54556. Any obligations issued to finance Redevelopment Project Costs shall
contain a recital that they are issued pursuant to Sections 99.800 to 99.865,
which recital shall be conclusive evidence of their validity and of the
regularity of their issuance.
Section 6.
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 Baltimore Place Tax Increment Financing Plan Account of the Special
Allocation Fund to the payment of Redevelopment Project Costs within the
Redevelopment Area and authorizes the Commission to pledge such funds on its
behalf.
_____________________________________________
Approved as to
form and legality:
______________________________
Heather A. Brown
Assistant City Attorney