ORDINANCE NO. 051225

Accepting the recommendations of the Tax Increment Financing Commission as to the Second Amendment to the Santa Fe Tax Increment Financing Plan; approving the Second Amendment to the Santa Fe Tax Increment Financing Plan; and 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 September 30, 1993, the City Council passed Ordinance No. 930859, which accepted the recommendations of the Commission as to the Santa Fe Tax Increment Financing Plan (the Redevelopment Plan) and designated the area described therein (the Redevelopment Area) to be a blighted area; and

WHEREAS, the First Amendment to the Santa Fe Tax Increment Financing Plan (the "First Amendment"), changing the proposed redeveloper, was presented to the Commission and on July 12, 2000, the Commission recommended approval of the First Amendment by the Council; and

WHEREAS, on November 30, 2000, the Council approved the First Amendment by passage of Ordinance No. 001216; and

   WHEREAS, an amendment to the Redevelopment Plan entitled the Second Amendment to the Santa Fe Tax Increment Financing Plan (the Second 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 August 10, 2005, adopted Resolution No. 8-13-05 (the Resolution) recommending that the City Council approve the Second Amendment; and

  WHEREAS, the Second Amendment provides for (i) the continued reclamation of the site and development of the area through the construction of additional retail, office, and industrial/warehouse space; (ii) changes in the area allocations among land uses; (iii) modifications to the development schedule; (iv) elimination of 91^st Street through the Redevelopment Area; (v) removal of 12.4 acres now included in the 87^th Street and Hillcrest Road Tax Increment Financing Plan; (vi) addition of abandoned railroad right-of-way on the western boundary; and (vii) adjustment of northern boundary to reflect the changes to the 87^th Street right-of-way; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

  Section 1. The recommendations of the Commission concerning the Second Amendment as set forth in the Resolution attached hereto as Exhibit A are hereby accepted and the Second 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 as the Santa Fe Tax Increment Redevelopment Area, as amended:

 Portions of Sections 22, 23, 26 and 27, all in Township 48 North, Range 33 West of the Fifth Principal Meridian, in Kansas City, Jackson County, Missouri, bounded generally on the north by 87^th Street, on the east by U.S. Interstate Route No. 435, on the south by Missouri State Route W, commonly known as Bannister Road, and on the west by U.S. Highway Route No. 71, commonly known as Bruce R. Watkins Drive, as said street and highway right of ways are now established or proposed, and all more particularly described as follows:

Beginning at the northeast corner of the Southeast Quarter of Section 22, same point being the southwest corner of the Northwest Quarter of Section 23; thence North 022418 East along the west line of the northwest corner of said Section 23, a distance of 488.13 feet to a point on the existing southerly right of way line of 87^th Street; thence generally eastwardly along said southerly right of way line, the following courses and distances, more or less; thence South 571301 East, a distance of 194.06 feet; thence South 621918 West, a distance of 94.95 feet; thence South 274041 East, a distance of 30.00 feet; thence North 621918 East, a distance of 112.42 feet; thence South 555719 East, 18.63 feet; thence along a curve to the left, having an initial tangent bearing of the last described course, a radius of 423.06 feet and a central angle of 5114'14", an arc length of 378.32 feet; thence North 713159 East, a distance of 190.26 feet; thence South 190217 East, 60.00 feet; thence eastwardly along a curve to the right, having an initial tangent bearing of North 713204 East, a radius of 93.19 feet and a central angle of 833145, an arc length of 135.86 feet; thence South 245601 East, a distance of 50.00 feet; thence North 650359 East, a distance of 60.00 feet; thence South 245601 East, a distance of 171.00 feet; thence on a curve to the left, having an initial tangent bearing of the last described course, a radius of 327.94 feet, and a central angle of 130120, an arc length of 74.54 feet to a point on the proposed southerly right of way line of 87^th Street; thence along said right of way line, the following courses and distances, more or less; thence eastwardly along a curve to the left, having an initial tangent bearing of South 814627 East, a radius of 2,365.00 feet and a central angle of 1058'48", an arc length of 453.22 feet; thence North 871446 East, a distance of 256.00 feet; thence on a curve to the right, having an initial tangent bearing of the last described course, a radius of 2235.00 feet, and a central angle of 201913, an arc length of 792.66 feet; thence South 722602 East to a point on the existing southerly right of way line of 87^th Street; thence along said southerly right of way line, the following courses and distances, more or less; thence South 865701 East, a distance of 175.80 feet; thence South 021332 West, parallel to the east line of the Northwest Quarter of the Southeast Quarter of Section 23 and no longer along the existing southerly right of way line of said 87^th Street, a distance of 579.79 feet; thence South 895903 East, parallel to the north line of the Northwest Quarter of the Southeast Quarter of Section 23, a distance of 866.67 feet to a point on the east line of the Northwest Quarter of the Southeast Quarter of said Section 23; thence southwardly along said east line, South 021332 West, a distance of 205.73 feet; thence South 865903 East, and no longer along the east line of the Northwest Quarter of the Southeast Quarter of said Section 23, a distance of 1,084.86 feet to a point on the westerly right of way line of U.S. way line the following courses and distances, more or less; thence South 282234 West, a distance of 258.58 feet; thence South 142024 West, a distance of 206.16 feet; thence South 282234 West, a distance of 1,529.94 feet; thence North 881120 West, a distance of 55.35 feet; thence South 282234 West, a distance of 2,346.22 feet; thence South 373622 West, a distance of 405.25 feet; thence South 590820 West, a distance of 179.71 feet to a point on the northerly right of way line of Missouri State Route W, commonly known as Bannister Road; thence generally westward long said right of way line the following courses and distances, more or less; thence North 864604 West, a distance of 346.89 feet; thence North 863140 West, a distance of 1541.69 feet; thence North 775949 West, a distance of 101.12 feet; thence North 863140 West, a distance of 288.16 feet to a point on the easterly right of way line of U.S. Highway Route No. 71, commonly known as Bruce R. Watkins Drive, as now established; thence generally northwardly along said right of way line the following courses and distances, more or less; thence northwardly along a curve to the right, having an initial tangent bearing of North 370943 West, a radius of 1,960.08 feet and a central angle of 233101, an arc length of 804.51 feet; thence North 133842 West, a distance of 1,182.27 feet; thence northwardly along a curve to the right, having an initial tangent bearing of the last described course, a radius of 2,914.93 feet and a central angle of 074419, an arc length of 393.70 feet; thence North 055422 West, a distance of 403.85 feet thence northwardly along a curve to the left, having an initial tangent bearing of the last described course, a radius of 2,814.93 feet and a central angle of 71829, an arc length of 359.04 feet; thence North 131251 West, a distance of 1,292.87 feet; thence northwardly on a curve to the left, having an initial tangent bearing of the last described course, a radius of 2,814.93 feet and a central angle of 64426, an arc length of 331.16 feet; thence North 195717 West, a distance of 702.91 feet to a point on the northerly line of the Southeast Quarter of said Section 22; thence South 864756 East along said quarter section line and no longer along the easterly right of way line of U.S. Highway Route No. 71, a distance of 1,155.22 feet to the point of beginning, said tract containing 22,621,467 square feet equal to 519.3 acres, more or less.

Section 4. 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 Ordinance No. 930859 with respect to the Redevelopment Plan are not affected by the Second Amendment and apply equally to the Second 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 Second Amendment;

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

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

  Section 4. The Commission is authorized to issue obligations in one or more series of bonds secured by the Santa Fe 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 Ordinance No. 54556. 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 5. 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 Santa Fe 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.

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney