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Legislation #: 960307 Introduction Date: 3/28/1996
Type: Ordinance Effective Date: 6/16/1996
Sponsor: COUNCILMEMBERS LOAR, FORD, DANAHER AND GLOVER
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Barry Towne Tax Increment Financing Plan; approving the Barry Towne Tax Increment Financing Plan; and designating the Redevelopment Area.

Legislation History
DateMinutesDescription
3/28/1996

Prepare to Introduce

3/28/1996

Referred Planning, Zoning & Economic Development Committee

4/3/1996

Hold On Agenda

4/10/1996

Hold On Agenda

4/24/1996

Hold On Agenda

5/1/1996

Hold On Agenda

5/22/1996

Hold On Agenda

5/29/1996

Do Pass as a Committee Substitute

5/30/1996

Assigned to Third Read Calendar

6/6/1996

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 960307

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Barry Towne Tax Increment Financing Plan; approving the Barry Towne Tax Increment Financing Plan; and designating the 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, 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 January 10, 1996 and on January 10, 1996, adopted its Resolution No. 96-05 (the "Resolution") recommending to the City Council the approval of the Barry Towne Tax Increment Financing Plan (the "Redevelopment Plan"); and

 

WHEREAS, the Redevelopment Plan is a comprehensive program intended to increase employment and enhance the tax base within the Redevelopment Area through the implementation of twelve (12) separate Redevelopment Projects and the adoption of tax increment financing in each of the areas selected for such Redevelopment Projects; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations of the Commission concerning the Redevelopment Plan as set forth in the Resolution attached hereto as Exhibit "A" are hereby accepted and the Redevelopment Plan, a copy of which is attached hereto as Exhibit "B", is hereby approved and adopted as valid and the Redevelopment Projects contained therein are hereby authorized, provided, however, the Redevelopment Plan shall be revised to provide that PILOTS will be used to pay eligible Redevelopment Project Costs until such time as fifty-two percent (52%) of the PILOTS equal either (a) fifty percent (50%) of the actual cost to construct Barry Middle School Road, or (b) if Barry Middle School Road has not been constructed, then fifty percent (50%) of the estimated cost to construct Barry Middle School Road as set forth in Exhibit 4 of the Redevelopment Plan. If it is necessary to use the estimated cost to construct Barry Middle School Road as provided in clause (b) above, then when the actual cost of Barry Middle School Road is determined, any PILOTS collected in excess of the amount necessary for fifty-two percent (52%) of the PILOTS to equal fifty percent (50%) of such actual costs shall be declared surplus as that term is used in the Act.

 

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:

 

A tract of land lying in the Southeast Quarter, the Southwest Quarter, the Northwest Quarter and the Northeast Quarter of Section 10, and the Southwest Quarter and the Southeast Quarter of Section 3, all in Township 51, Range 33, Kansas City, Clay County, Missouri, and a tract of land lying in the Northeast Quarter of Section 10, the Southeast Quarter of Section 3, the Southeast Quarter of Section 4, and the Northeast Quarter of Section 9, all in Township 51, Range 33, Kansas City, Platte County, Missouri, being bounded and described as follows: Beginning at the southwest corner of the Northwest Quarter of said Section 10, Township 51, Range 33, Kansas City, Clay County, Missouri; thence North 0 30'58" East, along the west line of said Southwest Quarter, 1173.59 feet; thence South 89 24'51" West, 147.78 feet; thence North 35 04'44" West, 370.59 feet; thence North 0 30'58" East, 298.63 feet; thence northwesterly along a curve to the right having an initial bearing of North 52 36'03" West, a radius of 330.00 feet, an arc distance of 37.82 feet; thence North 46 02'02" West, 389.77 feet; thence northerly along a curve to the right, tangent to the last described course, having a radius of 430.00 feet, an arc distance of 226.45 feet; thence northerly along a curve to the left, having a common tangent with the last described course, a radius of 275.00 feet, an arc distance of 354.20 feet; thence North 89 39'23" West, 170.22 feet; thence westerly along a curve to the left tangent to the last described course, having a radius of 329.52 feet, an arc distance of 140.94 feet; thence South 65 50'17" West, 38.73 feet; thence westerly along a curve to the right, tangent to the last described course, having a radius of 803.02 feet, an arc distance of 145.41 feet; thence westerly along a curve to the left, having a common tangent with the last described course, a radius of 415.74 feet, an arc distance of 87.32 feet; thence North 25 18'38" West, 226.16 feet, to a point on the south line of the Southeast Quarter of said Section 4, Platte County; thence North 89 39'23" West, along said south line 328.90 feet to a point on the east line of N.W. Stagecoach Road, as now established; thence North 58 45'03" West, along said east line 176.63 feet to a point on the south line of Missouri Route 152, as now established; thence easterly along said south line, along a curve to the left, having an initial tangent bearing of North 82 04'53" East, a radius of 3959.72 feet, an arc distance of 408.46 feet; thence North 88 08'41" East, along said south line, 214.52 feet; thence North 64 06'46" East, along said south line, 623.75 feet; thence North 87 13'18" East along said south line, 383.90 feet; thence North 71 20'49" East, along said south line, 604.67 feet to a point on the west line of N. Baughman Road, as now established; thence North 83 34'11" East, 196.09 feet to a point on the east line of said N. Baughman Road, said point being also a point on the south line of said Missouri Route 152; thence North 66 20'03" East, along said south line, 543.45 feet; thence North 40 24'57" East, along said south line, 743.24 feet; thence North 67 39'20" East, along said south line, 500.90 feet; thence North 69 37'11" East, along said south line, 489.31 feet; thence South 77 01'16" East, along said south line 531.85 feet; thence South 42 42'55" East, along said south line 531.60 feet; thence South 25 29'58" East, along said south line, 403.61 feet; thence South 6 24'11" East, along said south line, 274.74 feet to a point on the west line of U.S. Highway 169 (Arrowhead Trafficway); thence south along said west line along a curve to the left, having an initial tangent bearing of South 15 47'15" West, a radius of 5839.58 feet, an arc distance of 1582.79; thence South 0 15'28" West, along said west line 449.46 feet; thence South 25 59'17" West along said west line 130.59 feet; thence South 37 32'01" West, along said west line, 281.73 feet; thence South 52 00'25" West, along said west line, 98.41 feet; thence South 46 28'42" West, along said west line, 266.74 feet; thence southerly along said westerly line, along a curve to the left, tangent to the last described course, having a radius of 420.00 feet, an arc distance of 279.91 feet; thence South 8 21'39" West, along said west line, 211.32 feet; thence South 28 05'00" West, along said west line, 79.61 feet; thence South 71 13'01" West, along said west line, 105.94 feet to a point on the north line of N.W. Barry Road, as now established; thence South 84 47'52" West, along said north line, 100.50 feet; thence North 89 29'31" West, along said north line, 125.92 feet to a point on the west line of the Northeast Quarter of said Section 10, Clay County, thence South 0 35'35" West, along said west line, 79.99 feet to the southwest corner of said Northeast Quarter; thence South 89 29'15" East, along the north line of the Southeast Quarter of said Section 10, Clay County, 751.37 feet; thence South 10 13'32" East, along the west line of said U.S. Highway 169, 668.35 feet; thence South 10 13'32" East, along said west line, 340.46 feet; thence South 11 12'33" East, along said west line, 126.50 feet; thence South 12 01'43" East, along said west line 306.96 feet; thence South 0 11'47" West, along said west line, 747.30 feet; thence southerly along said west line, along a curve to the left, tangent to the last described course, having a radius of 5829.58 feet, an arc distance of 462.80 feet to a point on the south line of the Southeast Quarter of said Section 10, Clay County; thence North 89 58'49" West, along said south line, 350.00 feet to the southeast corner of ETHAN'S GLEN SECOND PLAT, a subdivision of land in Kansas City, Clay County, Missouri; thence North 0 01'11" East, along the east line of said ETHAN'S GLEN SECOND PLAT, 425.65 feet; thence North 89 58'49" West, along said east line, 50.00 feet; thence North 0 01'11" East, along said east line, 100.00 feet; thence North 89 58'49" West, along said east line, 50.00 feet; thence North 0 01'11" East, along said east line, 200.00 feet; thence North 89 58'49" West, along said east line 307.84 feet; thence North 5 19'24" West, along said east line, 565.27 feet to a point on the south line of N.W. 82nd Street, as now established; thence North 32 03'32" West, along said east line, 55.54 feet, to a point on the east line of ETHAN'S GLEN FIRST PLAT, a subdivision of land in Kansas City, Clay County, Missouri; thence North 29 48'24" West, along said east line, 211.32 feet; thence North 0 23'04" East, along said east line, 128.41 feet; thence North 89 23'25" West, along the north line of said ETHAN'S GLEN FIRST PLAT, 100.00 feet to a point on the west line of the Southeast Quarter of said Section 10, Clay County; thence South 0 36'35" West, along said west line, 116.46 feet; thence North 35 38'13" West, along the north line of said ETHAN'S GLEN FIRST PLAT, 238.34 feet; thence North 89 29'15" West, along said north line 222.00 feet; thence North 0 09'45" East, 162.00 feet; thence North 89 29'15" West, 94.50 feet; thence North 0 09'45" East, 185.67 feet; thence North 89 29'15" West, 34.78 feet; thence North 0 09'45" East, 185.35 feet; thence North 89 29'15" West, 416.66 feet; thence North 0 10'13" East, 184.90 feet; thence North 89 29'15" West, 80.00 feet; thence North 0 10'13" East, 191.00 feet to a point on the north line of the Southwest Quarter of said Section 10, Clay County; thence North 89 29'15" West, along said north line, 860.00 feet to the point of beginning. Containing 346.832 acres, more or less.

 

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 an Economic Development area, 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;

 

(b) The Redevelopment Plan conforms to the comprehensive plan for the development of the City as a whole;

 

(c) 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;

 

(d) A plan has been developed for relocation assistance for businesses and residences;

 

(e) The Redevelopment Plan is in the public interest because it will result in increased employment and enhance the tax base of the City.

 

Section 5. The Commission is authorized to issue obligations in one or more series of bonds secured by the Barry Towne 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 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 Barry Towne 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:

 

 

___________________________________

Assistant City Attorney