ORDINANCE NO. 941342
Accepting the recommendations of the Tax Increment
Financing Commission as to the Second Amendment to the Briarcliff West Tax
Increment Financing Plan; approving the Second Amendment to the Briarcliff West
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, created the Tax Increment
Financing Commission of Kansas City, Missouri (the "Commission") and
by Committee Substitute for Ordinance No. 911076, as amended, did modify the
composition of such Commission in accordance with state law; and
WHEREAS, on May 3, 1990, the City Council passed
Ordinance No. 65497, which accepted the recommendations of the Commission as to
the Redevelopment Plan; approved the Redevelopment Plan and declared the
Redevelopment Area and each proposed Redevelopment Project Area as blighted;
and
WHEREAS, the City Council of Kansas City, Missouri
by Ordinance No. 900099 and Committee Substitutes for Ordinance Nos. 900100 and
900101, adopted on September 19, 1991, approved and designated Phases I, II,
III, and IV of the Redevelopment Plan as Redevelopment Project Areas and
adopted tax increment financing therein; and
WHEREAS, on September 11, 1991, after all proper
notice was given, the Commission met in public hearing and after receiving the
comments of all interested persons and taxing districts affected by an
amendment to the Redevelopment Plan, adopted a resolution recommending to the
City Council the approval of an amended Redevelopment Plan (the "First
Amended Redevelopment Plan") affecting the area described in Exhibit 1 of
the First Amended Redevelopment Plan (the "Redevelopment Area"); and
WHEREAS, the First Amended Redevelopment Plan was
approved by Committee Substitute for Ordinance No. 911387, As Amended,
approving a First Amended Briarcliff West Tax Increment Financing Plan and an
expanded Redevelopment Area as a blighted area; and
WHEREAS, a second amendment to the Redevelopment
Plan entitled the "Second Amendment to the Briarcliff West Tax Increment
Financing Plan" attached hereto as Exhibit "A" affecting the
area described therein ("Second Amended Redevelopment Area") was
proposed to the Commission; and
WHEREAS, the Second Amendment to the Briarcliff West
Tax Increment Financing Plan is intended to delete the planned construction of
21 single family houses on the east side of U.S. Highway 169 from Redevelopment
Project I, to redesignate and subdivide that portion of Redevelopment Project
I, Stage II, lying east of U.S. Highway 169 into three (3) new Redevelopment
Projects designated as Redevelopment Project XVa, Redevelopment Project XVb, and
Redevelopment Project XVc, to provide for the capture of 100% of the payments
in lieu of taxes and 50% of the economic activity taxes generated by the
"O" lot line villa lots in Project XII and XV for a period of 23
years, and to update Exhibits 7 and 9 to reflect actual expenditures for
Reimbursable Project Costs and to reflect a more detailed payment in lieu of
taxes and economic activity taxes projection, respectively. The Second
Amendment to the Briarcliff West Tax Increment Financing Plan and the additional
Redevelopment Projects included therein are intended to eliminate or reduce
those conditions, the existence of which support the designation of the
Redevelopment Area therein as being blighted and to enhance the tax base within
such area. The Second Amendment to the Briarcliff West Tax Increment Financing
Plan is not intended to have any effect on the development projects described
in the Redevelopment Plan or any subsequent amendments thereto; and
WHEREAS, on September 14, 1994, after all public
notices wee given, the Commission met in public hearing and after receiving
comments of all interested persons and taxing districts affected by a further
amendment to the Redevelopment Plan, adopted its resolution recommending to the
City Council the approval of a further amended Redevelopment Plan (the
"Second Amendment to the Redevelopment Plan"); NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. The recommendation of the Commission
concerning the Second Amendment to the Redevelopment Plan as set forth in the
resolution attached hereto as Exhibit "A" is hereby accepted and the
Second Amendment to the Redevelopment Plan, a copy of which is attached hereto
as Exhibit "B", is hereby approved and adopted as valid.
Section 2. All terms used in this ordinance shall
be construed as defined in Sections 99.800 to 99.865, Revised Statutes of
Missouri, as amended, (referred to herein at times as the "Act").
Section 3. The following described area constituting
the Second Amended Redevelopment Area is hereby designated as a Redevelopment
Area pursuant to the Act:
TRACT 1: All that part of fractional Section 3,
Township 50, Range 33, fractional Section 10, Township 50, Range 33,
and fractional Section 34, Township 51, Range 33, all in Kansas City, Clay
County, Missouri, which includes parts of DeHAEMERS SUBDIVISION,
WILSON-RITCHEY ADDITION and INDIAN RIDGE, all being subdivisions of land
in Kansas City, Clay County, Missouri, according to the recorded
plats thereof, all being bounded and described as follows: Beginning at
the southwest corner of the Southwest Fractional Quarter of said Section
34; thence North 02717" East, along the west line of said
Southwest Fractional Quarter, 114.14 feet to a point on the south
right-of-way line of Vivion Road, as now established; thence North
6740'57" East, along said right-of-way line, 121.77 feet; thence
North 2219'03" West, along said right-of-way line, 10.00 feet;
thence North 6740'57" East, along said right-of-way line,
758.00 feet; thence northeasterly, along said right-of-way line, on a
curve to the right, tangent to the last described course, having a radius
of 1002.20 feet, an arc distance of 376.96 feet; thence South
046'01" East, along said right-of-way line, 15.00 feet; thence
easterly, along said right-of-way line, on a curve to the right,
having a radius of 987.20 feet, an arc distance of 236.81 feet;
thence North 1258'37" East, along said right-of-way line, 15.00
feet, thence southeasterly, along said right- of-way line, on a curve to
the right, having a radius of 1002.20 feet, an arc distance of 477.07 feet
to its intersection with the west right-of-way line of U.S. Highway
Route 169, as now established; thence South 655'37" West, along said
right-of-way line, 355.81 feet; thence South 2016'38" West, along
said right-of-way line, 104.29 feet; thence South 146'38" West,
along said right-of-way line, 262.81 feet; thence South 607'46"
West, along said right-of-way line, 411.78 feet; thence South
031'56" West, West, along said right-of-way line, 497.67 feet; thence
North 8928'00" West, along said right-of-way line, 8.72 feet to a
point on the east line of the Northwest Fractional Quarter of the
aforementioned Section 3, being also the west right-of-way line of
said U.S. Highway Route 169; thence South 036'56" West, along
said east line, being also the aforementioned west right- of-way line,
1315.31 feet to the southeast corner of the Northwest Fractional Quarter
of said Section 3; thence South 036'56" West, along the east line of
the Southwest Fractional Quarter of said Section 3, being also the
aforementioned right-of-way line, 1312.50 feet to a point on the north
line of the south one-half of the Southwest Fractional Quarter of said
Section 3; thence North 8912'48" West, along said north line, being
also said west right-of-way line, 121.13 feet; thence South
423'43" West, along said right-of-way line, 695.93 feet; thence
South 5848'15" East, along said right-of-way line, 211.40 feet;
thence southeasterly, along said right-of-way line, on a curve to the
left, having a radius of 1807.04 feet, an arc distance of 734.05
feet; thence North 5457'49" East, 45.00 feet; thence
southeasterly, on a curve to the left, having a radius of 1762.04 feet, an
arc distance of 244.87 feet; thence South 4536'58" East, tangent to
the last described curve, 248.60 feet, thence South 4645'48" East,
235.90 feet; thence South 4532'04" East, 206.79 feet; thence South
3038'13" East, 338.05 feet; thence South 1840'23" West, 40.22
feet; thence southeasterly, on a curve to the right, having a radius of
1447.04 feet, an arc distance of 39.78 feet; thence North 8652'06"
East, 32.86 feet; thence South 1721'29" East, 362.87 feet; thence
South 2916'48" East, 79.33 feet; thence South 924'33"
East, 148.72 feet; thence North 6946'28" West, 87.46 feet;
thence South 3539'33" West, 58.00 feet to a point on the
northeasterly right-of-way line of Missouri State Highway Route 9, as now
established; thence North 5312'23" West, along said right-of-way
line, 1042.23 feet; thence North 5346'34" West, along said
right-of-way line, 1543.42 feet; thence South 3613'26" West, along
said right-of- way line, 62.00 feet to a point on the northerly
right- of-way line of old U.S. Highway Route 71, as now established;
thence North 5346'34" West, along said right-of-way line, 246.48
feet; thence northwesterly, along said right-of-way line, on a curve to
the left, having a radius of 2831.90 feet, an arc distance of 242.52
feet to a point on the south line of the Southwest Fractional Quarter of
the aforementioned Section 3; thence North 8858'58" West, along said
south line, being also the aforementioned right-of-way line, 71.60
feet; thence northwesterly, along said right-of-way line, on a curve
to the left, having a radius of 2894.93 feet, an arc distance of 77.26
feet; thence North 6509'31" West, along said right-of-way line,
tangent to the last described curve, 362.36 feet to a point on the
county line between Platte and Clay Counties, being also the west
line of the Southwest Fractional Quarter of said Section 3; thence North
050'29" East, along said west line, 2437.47 feet to the southwest
corner of the Northwest Fractional Quarter of said Section 3; thence
North 044'58" East, along the west line of the Northwest Fractional
Quarter of said Section 3, 2619.30 feet to the point of beginning.
Containing 253.3 acres, more or less. Subject to any and all easements
and restrictions of records.
TRACT 2: A tract of land in the Southeast Quarter of
Section 3, Township 50, Range 33, Kansas City, Clay County, Missouri,
being bounded and described as follows: Beginning at a point on the north
line of the Southeast Quarter of said Section 3, said point being 296.64
feet east of the northwest corner of said Southeast Quarter, said
point being also a point on the east right-of-way line of U.S. Highway
Route 169, as now established; thence South 8917'43" East, along the
north line of said Southeast Quarter, 367.17 feet to a point on the
east line of the west one-half of the west one-half of said Southeast
Quarter; thence South 027'59" West, along said east line, 815.47
feet; thence North 8948'12" West, 5.93 feet; thence South 036'56"
West, 298.00 feet; thence North 8941'46" West, 225.32 feet; thence
South 027'59" West, 20.00 feet; thence South 810'43" East,
180.27 feet to a point on the south line of the north one-half of the
Southeast Quarter of said Section 3; thence South 8912'48" East,
along said south line, 204.93 feet to a point on the east line of the west
one-half of the west one-half of said Southeast Quarter; thence South
027'59" West, along said east line, 472.83 feet; thence South 8814'29"
West, 383.84 feet to a point on the east right- of-way line of the
aforementioned U.S. Highway Route 169; thence North 6235'07" East,
along said right-of-way line, 196.08 feet; thence North 547'44"
West, along said right-of-way line, 395.57 feet; thence North
1930'36" West, 130.03 feet; thence North 044'12" East,
435.00 feet; thence North 4041'13" West, 113.36 feet; thence
North 044'12" East, 675.27 feet to the point of beginning.
Containing 11.7 acres, more or less. Subject to any and all easements and
restrictions of record.
TRACT 3: A tract of land in the Northwest
Fractional Quarter of Section 10, Township 50, Range 33, Kansas City,
Clay County, Missouri, being bounded and described as follows: Commencing
at the northwest corner of said Northwest Fractional Quarter; thence South
049'04" West, along the west line of said Northwest Fractional
Quarter, 166.45 feet to a point on the north right-of-way line of
Missouri State Highway Route 9, as now established; thence southeasterly,
along said right-of-way line, on a curve to the right, having a radius of
2989.93 feet, an arc distance of 297.00 feet to the true point of
beginning of the tract to be herein described; thence North 3615'27"
East, departing from said right-of-way line, 186.71 feet to a point on the
south right-of-way line of old U.S. Highway Route 71, as now
established; thence southeasterly, along said right-of-way line, on a
curve to the right, having a radius of 2804.93 feet, an arc distance of
363.36 feet; thence South 3817'02" West, 136.16 feet to a point on
the aforementioned north right- of-way line; thence North 6602'59"
West, along said right-of-way line, 157.90 feet; thence
northwesterly, along said right-of-way line, on a curve to the left,
tangent to the last described course, having a radius of 2989.83 feet, an
arc distance of 208.88 feet to the true point of beginning. Containing
1.3 acres, more or less. Subject to any and all easements and
restrictions of record.
ACQUISITION TRACT NO. 1: A tract of land in
the Southwest Fractional Quarter of Section 3, Township 50, Range 33,
Kansas City, Clay County, Missouri, being bounded on the north by the
south right-of-way line of the abandoned Kansas City, Clay County and St.
Joseph Railroad and on the south by the north right-of-way line of
old U.S. Highway Route 71, as now established, all being bounded and
described as follows: Beginning at the intersection of the county line
between Clay and Platte Counties, with the south right-of-way line
aforementioned railroad, said point being also a point on the west
line of said Southwest Fractional Quarter, said point being 220.86
feet north of the southwest corner of the Southwest Fractional Quarter of
said Section 3; thence South 6906'00" East, along said right-of-way
line, 8.31 feet; thence southeasterly, along said right-of-way line,
on a curve to the right, having a radius of 2831.90 feet, an arc distance
of 514.88 feet to a point on the south line of an said Southwest
Fractional Quarter; thence North 8858'58" West, along said south
line, 71.60 feet to a point on the north right-of-way line of the
aforementioned Highway; thence northwesterly, along said right-of-way
line, on a curve to the left having a radius of 2894.93 feet, an arc
distance of 77.26 feet; thence North 6509'31" West, along said
right-of-way line, tangent to the last described curve, 362.36 feet to
a point on said county line; thence North 050'29" East, along
said county line, 42.35 feet to the point of beginning. Containing 0.6
acres, more or less. Subject to any and all easements and restrictions of
record.
ACQUISITION TRACT NO. 2: All that part of the
abandoned Kansas City, Clay County and St. Joseph Railroad right-
of-way in the Southwest Fractional Quarter of Section 3, Township 50,
Range 33, Kansas City, Clay County, Missouri, being bounded and described
as follows: Beginning at the intersection of the county line between
Clay and Platte Counties, with the south right-of-way line of the
aforementioned railroad, said point being also a point on the west line of
said Southwest Fractional Quarter, said point being 220.86 feet north
of the southwest corner of the Southwest Fractional Quarter of said
Section 3; thence South 6906'00" East, along said right-of-way line,
8.31 feet; thence southeasterly, along said right-of-way line, on a curve
to the right, having a radius of 2831.90 feet, an arc distance of
328.12 feet to the true point of beginning of the tract to be herein
described; thence North 2732'19" East, 66.00 feet; thence
southeasterly, on a curve to the right, having a radius of 2897.90 feet,
an arc distance of 300.55 feet to a point on the south line of said
Southwest Fractional Quarter; thence North 8858'58" West, along said
south line, 126.72 feet to a point on the south line of said abandoned
railroad right-of-way; thence northwesterly, along said south line, on a
curve to the left, having a radius of 2831.90 feet, an arc distance
of 186.76 feet to the true point of beginning. Containing 0.04 acres,
more or less. Subject to any and all easements and restrictions of
record.
ACQUISITION TRACT NO. 3: All that part of the
Southwest Fractional Quarter of Section 3, and all that part of the
Northwest Fractional Quarter of Section 10, all in Township 50, Range 33,
Kansas City, Clay County, Missouri, being bounded and described as
follows: Beginning at the southwest corner of said Southwest
Fractional Quarter, said point being also a point on the county line
between Platte and Clay Counties; thence North 050'29" East, along
said county line, 80.00 feet to a point on the south right-of-way line of
old U.S. Highway Route 71, as now established; thence South
6509'31" East, along said right-of-way line, 322.29 feet; thence
southeasterly, along said right-of-way line, on a curve to the right,
tangent to the last described course, having a radius of 2804.93 feet, an
arc distance of 109.17 feet; thence South 3615'27" West, 186.71
feet to a point on the north right-of-way line of Missouri State
Highway Route 9, as now established; thence northwesterly, along said
right-of-way line, on a curve to the left, having a radius of 2989.93
feet, an arc distance of 297.00 feet to a point on the west line of
the Northwest Fractional Quarter of said Section 10; thence North
049'04" East, along said west line, 166.45 feet to the point of
beginning. Containing 1.5 acres, more or less. Subject to any and all
easements and restrictions of record.
ACQUISITION TRACT NO. 4: A tract of land in
the Northwest Quarter of Section 10, Township 50, Range 33, Kansas
City, Clay County, Missouri, being bounded and described as follows:
Beginning at the intersection of the north line of the Northeast Quarter
of said Section 10, with the westerly right-of-way line of U.S.
Highway Route 169, as now established, said point being 212.51 feet
east of the northwest corner of the Northeast Quarter of said Section 10;
thence southeasterly, along said right-of-way line, on a curve to the
left, having a radius of 1807.04 feet, an arc distance of 183.44 feet
to the true point of beginning of the tract to be herein described;
thence North 5457'49" East, 45.00 feet; thence southeasterly, on a
curve to the left, having a radius of 1762.04 feet, an arc distance of
244.87 feet; thence South 4536'58" East, tangent to the last
described curve, 248.60 feet; thence South 4645'58" East, 235.90
feet; thence South 4532'04" East, 206.79 feet; thence South
3038'13" East, 338.05 feet; thence South 1840'23" West, 40.22
feet; thence southeasterly, on a curve to the right, having a radius of
1447.04 feet, an arc distance of 39.78 feet; thence North
8652'06" East, 32.86 feet; thence South 1721'29" East,
362.87 feet; thence South 2916'48" East, 79.33 feet; thence
South 924'33" East, 148.72 feet; thence North 6946'28" West,
87.46 feet to a point on the existing westerly right-of-way line of the
aforementioned Highway; thence North 1044'18" West, along said
right-of-way line, 127.40 feet; thence northwesterly, along said
right-of- way line, on a curve to the left, tangent to the last described
course, having a radius of 1407.04 feet, an arc distance of 251.50 feet;
thence North 016'08" West, along said right-of-way line, 103.87
feet; thence northwesterly, along said right-of-way line, on a curve
to the left, having a radius of 1447.04 feet, an arc distance of 458.94
feet; thence North 4532'54" East, along said right-of-way line,
202.52 feet; thence North 4758'39" West, along said right-of-way
line, 235.95 feet; thence North 3956'40" West, along said right-of-
way line, 253.30 feet; thence northwesterly, along said right-of-way line,
on a curve to the right, having a radius of 1807.04 feet, an arc distance
of 251.13 feet to the true point of beginning. Containing 1.59 acres,
more or less. Subject to any and all easements and restrictions of
record.
Section 4. That the City Council hereby finds that:
(a) The Second Amendment to the Redevelopment Plan
consists of several Redevelopment Projects each located in its own
Redevelopment Project Area, known as Project
XVa
Redevelopment Project Area, Project XVb
Redevelopment
Project Area, and so on. The Redevelopment
Project Areas
have been previously approved by ordinance and
tax
increment financing has been adopted therein
pursuant to
the original Redevelopment Plan. Each
remaining
Redevelopment Project Area will be approved by
separate
ordinance pursuant to the Second Amendment to
the
Redevelopment Plan.
(b) The Redevelopment Area as a whole and each
Redevelopment Project Area are blighted areas;
(c) The Redevelopment Area as a whole and each
Redevelopment Project Area have 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 Second Amendment to
the
Redevelopment Plan;
(d) The Second Amendment to the Redevelopment Plan
on the whole and each Redevelopment Project conform to the
comprehensive plan for the development of the
City as a
whole;
(e) The estimated dates, which are not more than 23
years from the adoption of the respective ordinances approving
Redevelopment Projects, of completion of the
respective
Redevelopment Projects and retirement of
obligations
incurred to finance respective Redevelopment
Project
Costs, have been stated in the Second Amendment
to the
Redevelopment Plan; and
(f) A plan has been developed and included in the
Second Amendment to the Redevelopment Plan for the relocation
assistance of businesses and residents.
Section 5. The Commission is authorized to issue
obligations in one or more series secured by the Briarcliff West 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 Second Amendment to the Briarcliff West Tax
Increment Financing 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 Second
Amendment to the Briarcliff West Tax Increment Financing Plan, the City Council
approves the pledge of all funds generated from Redevelopment Projects that are
deposited into the Briarcliff West Account of the Special Allocation Fund to
the payment of Redevelopment Project Costs within the Second Amended Redevelopment
Area and authorizes the Commission to pledge such funds on its behalf.
_____________________________________________
Approved as to form and
legality:
_____________________________________
Acting City Attorney