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Legislation #: 070047 Introduction Date: 1/11/2007
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Ninth Amendment to the Briarcliff West Tax Increment Financing Plan; and approving the Ninth Amendment to the Briarcliff West Tax Increment Financing Plan.

Legislation History
DateMinutesDescription
1/10/2007 Filed by the Clerk's office
1/11/2007 Referred to Planning, Zoning & Economic Development Committee
1/17/2007 Advance and Do Pass, Debate
1/18/2007 Passed

View Attachments
FileTypeSizeDescription
070047.pdf Authenticated 225K Authenticated
00075473.XLS Fact Sheet 40K Fact Sheet
00075471.PDF Other 755K 9th Amendment to the Briarcliff West TIF Plan
00075479.DOC Other 20K Request for Ordinance

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ORDINANCE NO. 070047

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Ninth Amendment to the Briarcliff West Tax Increment Financing Plan; and approving the Ninth Amendment to the Briarcliff West Tax Increment Financing Plan.

 

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 May 3, 1990, the City Council passed Ordinance No. 65497, which accepted the recommendations of the Commission as to the Briarcliff West Tax Increment Financing Plan (the Redevelopment Plan) and designated the Redevelopment Area therein to be a blighted area; and

 

WHEREAS, on November 21, 1991, the City Council passed Committee Substitute for Ordinance No. 911387, which accepted the recommendations of the Commission as to the First Amended Briarcliff West Tax Increment Financing Plan and designated the expanded Redevelopment Area therein as a blighted area; and

 

WHEREAS, on November 17, 1994, the City Council passed Ordinance No. 941342, which accepted the recommendations of the Commission as to the Second Amendment to the Briarcliff West Tax Increment Financing Plan and designated the expanded Redevelopment Area therein as a blighted area; and

 

WHEREAS, on July 31, 1997, the City Council passed Ordinance No. 970713, which accepted the recommendations of the Commission as to the Third Amendment, which expanded the boundaries of the Redevelopment Area as defined by Ordinance No. 65497, on the south, moving said southern boundary from Missouri Route Highway 9 to the Missouri River, to include twenty-one (21) additional Redevelopment Projects, reconfigured Redevelopment Project Areas as defined by Committee Substitute for Ordinance No. 911387 and Ordinance No. 941342, reconfigured existing land uses called for in the Redevelopment Plan, as amended, increased the amount of reimbursement available for mine stabilization and increased the amount of reimbursement available for costs associated with implementation of the Redevelopment Plan, as amended ; and

 

WHEREAS, on December 14, 2000, the City Council passed Ordinance No. 001595, which accepted the recommendations of the Commission as to the Fourth Amendment, which expanded the Redevelopment area, added one additional project and designated an Expanded Redevelopment Area; and

 


WHEREAS, on July 29, 2004, the City Council passed Ordinance No. 040806, which accepted the recommendations of the Commission as to the Fifth Amendment, which expanded the Redevelopment area, changed the land use in Project Area 22 from commercial to residential, changed 11 acres of Project Area 38 to commercial use in Project Area 24 and the remainder for creation of wetlands and amended the budget in accordance with the Fifth Amendment; and

 

WHEREAS, on February 10, 2005, the City Council passed Ordinance No. 050093, which accepted the recommendations of the Commission as to the Sixth Amendment, which revised the budget for land, demolition and financing costs without changing the total budget; and

 

WHEREAS, on February 2, 2006, the City Council passed Ordinance No. 060067, which accepted the recommendations of the Commission as to the Seventh Amendment, which clarified budget line items keeping the total budget unchanged; and

 

WHEREAS, on October 12, 2006, the City Council passed Ordinance No. 060826, which accepted the recommendations of the Commission as to the Eighth Amendment, which added two structured parking garages as a reimbursable line item and amends the budget line item amounts keeping the total budget unchanged; and

 

WHEREAS, a ninth amendment to the Redevelopment Plan entitled the Ninth Amendment to the Briarcliff West Tax Increment Financing Plan (the Ninth 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 December 13, 2006, adopted Resolution No. 12-46-06 (the Resolution) recommending that the City Council approve the Ninth Amendment; and

 

WHEREAS, the Ninth Amendment amends the TIF budget line items amounts keeping the total TIF budget unchanged and increasing the Super TIF budget; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations of the Commission concerning the Ninth Amendment as set forth in the Resolution attached hereto as Exhibit A are hereby accepted and the Ninth 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. 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. 65497, Committee Substitute for Ordinance No. 911387, Ordinance No. 941342, Ordinance No. 970713, Ordinance No. 001595, Ordinance No. 040806, Ordinance No. 050093, Ordinance No. 060067 and Ordinance No. 060826 with respect to the Redevelopment Plan are not affected by the Ninth Amendment and apply equally to the Ninth 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 Ninth 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 Ninth 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 Ninth 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 Briarcliff West 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 Briarcliff West 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