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Legislation #: 120694 Introduction Date: 7/26/2012
Type: Ordinance Effective Date: 8/2/2012
Sponsor: COUNCILMEMBERS JAMES, JR., SHARP AND TAYLOR
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Carondelet Drive Tax Increment Financing Plan; approving the Carondelet Drive Tax Increment Financing Plan; designating a Redevelopment Area; reducing amounts in the 2008A GO Bond Fund and appropriating $350,000.00 for certain public improvements; reducing and appropriating $150,000.00 within the capital improvements fund for certain public improvements; designating requisitioning authority; and recognizing an emergency.

Legislation History
DateMinutesDescription
7/25/2012 Filed by the Clerk's office
7/26/2012 Referred to Planning, Zoning & Economic Development Committee
8/1/2012 Advance and Do Pass as a Committee Substitute, Debate
8/2/2012 Passed as Substituted

View Attachments
FileTypeSizeDescription
120694.pdf Authenticated 4118K Authenticated
120694 Fact Sheet.docx Fact Sheet 32K Fact Sheet
Carondelet Drive TIF Plan (scanned copy entire plan) (00150202).PDF Plan 7236K Carondelet Drive TIF Plan - Plan Document
Carondelet Drive TIF Plan Request for Ordinance (00150978).DOCX Request for Ordinance 20K Carondelet Drive TIF Plan Request for Ordinance

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 120694

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Carondelet Drive Tax Increment Financing Plan; approving the Carondelet Drive Tax Increment Financing Plan; designating a Redevelopment Area; reducing amounts in the 2008A GO Bond Fund and appropriating $350,000.00 for certain public improvements; reducing and appropriating $150,000.00 within the capital improvements fund for certain public improvements; designating requisitioning authority; and recognizing an emergency.

 

WHEREAS, the Carondelet Drive Tax Increment Financing Plan (the “Redevelopment Plan”) was proposed to Tax Increment Financing Commission of Kansas City, Missouri (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 projects (“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 July 15, 2012, and adopted its Resolution No. 7-15-12 (the “Resolution”) recommending to the City Council the approval of the Redevelopment Plan; and

 

WHEREAS, the Redevelopment Plan will include construction of office space, parking spaces and all necessary infrastructure; NOW, THEREFORE,

  BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the recommendation of the Commission concerning the Carondelet Drive Tax Increment Financing 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. That 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. That the following described area is hereby designated a Redevelopment Area:

 

All that part of Lots 14, 15, 16, 17, 20, 21, 22 and 23, Ridenour Farm Tract, a subdivision of land in the Northeast Quarter of Section 6, Township 47 North, Range 33 West of the 5th Principal Meridian in Kansas City, Jackson County, Missouri, and all that part of Glen Arbor Road, as now established, being bounded and described as follows: Beginning at the Southwest corner of said Lot 23; thence North 13°03'02" West, along the Westerly line of said Lots 20, 21, 22 and 23, 923.39 feet to a point on the Southerly right-of-way line of Carondelet Drive, as now established; thence Easterly, along said right-of-way line, along a curve to the left, having an initial tangent bearing of South 58 degrees 07 minutes 58 seconds East, with a radius of 390.00 feet, a central angle of 28 degrees 59 minutes 47 seconds and an arc distance of 197.37 feet; thence South 87 degrees 07 minutes 45 seconds East, continuing along said right-of-way line, 330.69 feet; thence Northeasterly, continuing along said right-of-way line, along a curve to the left, being tangent to the last described course, with a radius of 390.00 feet, a central angle of 74 degrees 51 minutes 12 seconds and an arc distance of 509.51 feet to the Northwest corner of said Lot 17; thence South 87 degrees 07 minutes 16 seconds East, along the North line of said Lot 17, 287.04 feet; thence South 21 degrees 54 minutes 20 seconds East, 271.51 feet to a point on the Northerly line of said Lot 16; thence South 87 degrees 08 minutes 26 seconds East, along said North line, 350.00 feet to the Northeast corner of said Lot 16; thence South 21 degrees 54 minutes 58 seconds East, along the Easterly line of said Lot 16, 231.36 feet to the Southeast corner thereof; thence North 87 degrees 05 minutes 40 seconds West, along the South line of said Lot 16, 198.16 feet to a point of the Westerly high bank of a creek, as shown on the Certificate of Survey by Tuttle-Ayers-Woodward Co., job number 226090 and dated June 11, 1992; thence South 12 degrees 45 minutes 54 seconds West, along said Westerly high bank 4.53 feet; thence. South 15 degrees 27 minutes 29 seconds East, continuing along said Westerly high bank, 16.96 feet; thence South 10 degrees 00 minutes 11 seconds West, continuing along said Westerly high bank, 46.21 feet; thence South 67°27'44" East, continuing along said Westerly high bank, 18.02 feet; thence South 53 degrees 38 minutes 18 seconds East, continuing along said Westerly high bank, 15.28 feet; thence South 34 degrees 06 minutes 16 seconds East, continuing along said Westerly high bank, 16.98 feet; thence South 36 degrees 48 minutes 15 seconds East, continuing along said Westerly high bank, 18,90 feet; thence South 12 degrees 17 minutes 36 seconds East, continuing along said Westerly high bank, 18.79 feet; thence South 03 degrees 42 minutes 12 seconds West, continuing along said Westerly high bank, 21.77 feet; thence South 36 degrees 36 minutes 22 seconds East, continuing along said Westerly high bank, 17.11 feet; thence South 28 degrees 47 minutes 19 seconds West, continuing along said Westerly high bank, 28.19 feet; thence South 03 degrees 53 minutes 13 seconds West, continuing along said Westerly high bank, 22.39 feet to a point on the Northerly line of said Lot 14; thence South 87 degrees 03 minutes 40 seconds East, along said Northerly line, 241.59 feet to the Northeast corner thereof; thence South 21 degrees 54 minutes 58 seconds East, along the Easterly line of said Lot 14, 231.38 feet to the Southeast corner thereof; thence North 87 degrees 00 minutes 27 seconds West, along the Southerly line of said Lot 14, 922.01 feet to a point on the Westerly right-of-way line of said Glen Arbor Road; thence Southeasterly, along said right-of-way line, along a curve to the right, having an initial tangent bearing of South 46 degrees 05 minutes 00 seconds East, with a radius of 388.90 feet, a central angle of 29 degrees 53 minutes 58 seconds and an arc distance of 202.94 feet; thence South 16 degrees 11 minutes 03 seconds East, continuing along said right-of-way line, 92.48 feet to the Southeast corner of Lot 23; thence North 87 degrees 03 minutes 00 seconds West, along the Southerly line of said Lot 23, 905.11 feet to the Point of Beginning. Containing 30.47 acres, more or less.

  Section 4. That 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, 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 passage 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;

(h) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment; and

(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 Carondelet Drive 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 by the City. 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. That pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into the Carondelet Drive 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. 

Section 7. That a total of $350,000 in the following accounts and the following amounts is reduced in the 2008A GO Bond Fund:

 

ALL-3393-077700-07F38C74-B Municipal Court Elevator Installation $144,220.00

ALL-3393-077700-07F44G50-B PACCAR Roof Replacement 131,202.70

ALL-3393-077000-07F36C75-B City Hall South Plaza Repairs 28,044.00

ALL-3393-077000-07000175-B City Hall 724.87

ALL-3393-077000-07F35M88-B American Royal HVAC Unit Relocation 705.86

ALL-3393-647000-89009996-B Contingency 31,922.23

ALL-3393-648843-890C0233-B 18th & Vine Patio 13,180.34

TOTAL $350,000.00

 

Section 8. That $350,000.00 is appropriated from the Unappropriated Fund Balance of the 2008A GO Bond Fund to the following account:

 

ALL-3393-898016-89008247-B Project Apple Public Improvements $350,000.00

Section 9. That the following account in the Capital Improvements Fund is reduced by the following amount:

13-3090-898600-89009996-B 6th District Neighborhood

Conservation Reserve $150,000.00

 

Section 10. That $150,000.00 is appropriated from the Unappropriated Fund Balance of the Capital Improvements Fund to the following account:

 

13-3090-898601-89008247-B Project Apple Public Improvements $150,000.00

 

Section 11. That the Director of Public Works is designated as requisitioning authority for Account Nos. 3393-898016 and 3090-898601.

Section 12. That this ordinance appropriating money recognizes an emergency and shall take effect as provided in Section 503(a)(3) of the City Charter.

_____________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

___________________________________

Randall J. Landes

Director of Finance

 

Approved as to form and legality:

 

 

___________________________________

Brian T. Rabineau

Assistant City Attorney