COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070140

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Third Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; approving the Third Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan; designating an expended redevelopment area.

WHEREAS, the Council 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 March 19, 1994, the City Council passed Ordinance No. 940564, wherein the City Council approved the Redevelopment Plan, designated the area described therein as a Redevelopment Project Area and adopted tax increment financing; and

 

WHEREAS, on March 27, 2003, the City Council passed Committee Substitute for Ordinance No. 030259 approving the First Amendment to the Redevelopment Plan; and

 

WHEREAS, on May 4, 2006, the City Council passed Ordinance No. 060470 approving the Second Amendment to the Redevelopment Plan; 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 11, 2007, and adopted Resolution 1-17-07, recommending to the City Council the approval of the Third Amendment to the Southtown Corridor/31st & Baltimore Tax Increment Financing Plan (the "Third Amendment"); and

 

WHEREAS, under the Third Amendment, the budget changes to the Project I Benefit Area leaving total reimbursable costs unchanged and the redevelopment area is expanded; and

 

WHEREAS, the Redevelopment Plan, as amended, is a comprehensive program intended to reduce or eliminate those conditions, the existence of which qualified the Redevelopment Area as a Conservation Area and enhance the tax base within the Redevelopment Area through the implementation of a number of separate Redevelopment Projects and the adoption of tax increment financing in each of the areas selected for such Redevelopment Projects; and

 

WHEREAS, the Council has determined that an advisory committee should be established to make recommendations on public improvements and further changes to the budget which do not impact the total budget should be made; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendation of the Commission concerning the Third Amendment to the Redevelopment Plan as set forth in the resolution attached hereto as Exhibit "A" is hereby accepted and the Third Amendment to the Redevelopment Plan, as further amended by the Council, 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.

 

Section 2. All terms used in this ordinance shall be construed as defined in Section 99.800 to 99.865 of the Revised Statutes of Missouri, as amended.

 

Section 3. The City Council hereby finds that:

 

(a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the City Council in Ordinance No. 951469 with respect to the Redevelopment Plan are not affected by the Third Amendment and apply equally to the Third Amendment;

 

(b) The Redevelopment Area as a whole is a conservation 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, as amended;

 

(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 estate 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 any 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;

 

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

 

(g) A cost benefit analysis showing the impact of the Third Amendment on each and every district which is at least partially within the boundary of the Redevelopment Area, has been prepared in accordance with the Act; and

 

(h) The Redevelopment Plan, as amended, does not include the initial development or redevelopment of any gambling establishment.

 

Section 4. That the following described area is hereby designated as a redevelopment area:

South Prospect/Troost Area

All of the East 1/2 of the East 1/2 of Section 5; all of Section 4; part of the West 1/2 of the West 1/2 of Section 3; all of the West 1/2 of the West 1/2 of the Northwest 1/4 of Section 10; all of the North 1/2 of Section 9 and all of the East 1/2 of the Northeast 1/4 of Section 8, all in Township 48, Range 33, in Kansas City, Jackson County, Missouri, including all of "WING & STEEN'S PLACE", Blocks 10, 11 and 12, "ASTOR PLACE", all of "RESURVEY OF PART OF ASTOR PLACE"; all of "TROOST AVENUE LAW"; all of "ELM RIDGE PLAZA"; all of "MANKAMEYER'S 1ST ADDITION"; all of "GOODELL PLACE"; all of "LOCKHART PLACE"; all of "SUBDIVISION OF LINVILLE HAY'S ESTATE"; all of "DYER PLACE"; all of "SOUTHMOOR"; all of "RESURVEY OF A PART OF SOUTHMOOR"; all of "BLUE HILLS CLUB ADDITION"; all of "BLUE HILLS CENTRE"; all of "BALLS ADDITION"; all of "BLUE HILLS GARDEN"; all of "PROSPECT MANOR"; all of "HEDINGER AND MILLER'S ADDITION" all of "EASTLAKE ADDITION"; all of "BEACHWOOD"; all of "RABERTA PLACE"; all of "MILLERS ADDITION"; Lots 22 through 39, both inclusive, "DEWEY HEIGHTS"; all of "GEORGE W. THOMAS 1ST ADDITION"; Lots 65 through 84, both inclusive, "BEAUFORT"; Blocks 65 and 66, "LUCK ADDITION"; Lots 1 through 17; part of Lot 27, Lots 28 through 61, Lots 76 through 79, Lots 94 and 95, "JOST PLAZA"; all of "JOST PLAZA NO. 2"; all of "HALE ADDITION"; all of "COMMISSIONERS PLAT OF MARGARET HALE ESTATE"; all of "HALE PLACE NO. 1"; all of "HALE PLACE NO. 2"; all of "MEYER BOULEVARD HEIGHTS"; all of "HOLMES GARDEN"; all of "STARKWOOD"; all of "TROOST AVENUE PLACE"; all of "BASYE TERRACE"; all of "MARYLAND RIDGE"; all of "DAISYFARM"; all of "BROADMOOR"; all of "JEWEL'S 4TH ADDITION"; all of "TOWNDIN ADDITION"; all of "BROADMOOR COURT"; all of "PASEO HIGHLANDS"; all of "ELM RIDGE"; all of "HARPER'S MEYER BOULEVARD ADDITION"; all of "HUDGENS 1ST ADDITION"; Blocks 1, 2, 8 and 9, "HAGERWOOD"; Lots 170 through 331, both inclusive, "PARKGATE"; all of "SHRYOCK HEIGHTS"; all of "GREGORY PARK"; all of "JEWELL'S 3RD ADDITION"; all of Rose Hill Cemetery; all of Forest Hill Cemetery; all of "BLENHEIM"; all of "BLUE HILLS"; Lot 267, 268 and 269, "SWOPE PARK CAMPUS"; all of "MEYER BOULEVARD VISTA"; all of "KENTON ADDITION"; all of "PROSPECT RIDGE"; all of "PROSECT RIDGE ANNEX", and Lots 363 through 482, both inclusive, "SWOPE RIDGE", all subdivisions in Kansas City, Jackson County, Missouri. All being described as follows: Beginning at the northwest corner of the East 1/2 of the East 1/2 of said Section 5; thence east along the north line of said 1/2 1/2 Section, a distance of 1312 feet, more or less, to the northwest corner of said Section 4; thence east along the north line of said Section 4, a distance of 5232 feet, more or less, to the northeast corner of said Section 4; thence east along the north line of the Northwest 1/4 of said Section 3, a distance of 662 feet, more or less, to the centerline of Chestnut Avenue, as now established; thence south along said centerline, a distance of 1886 feet more or less, to a point on the north line of Lot 94, in said "JOST PLAZA"; thence east along the north line of said Lot 94, a distance of 18.8 feet, more or less, to the northeast corner thereof; thence south along the east line of Lots 94, 79, 76 and 61 in said "JOST PLAZA", a distance of 565 feet to the southeast corner of said Lot 61; thence west along the south line of said Lot 61, a distance of 19.2 feet, more or less, to its intersection with the northerly prolongation of the centerline of Chestnut Avenue; thence south along the centerline of Chestnut Avenue, a distance of 5311 feet, more or less, to the south line of the Northwest 1/4 of said Section 10; thence west along the south line of the Northwest 1/4 of said Section 10, a distance of 663 feet, more or less to the southeast corner of the North 1/2 of said Section 9; thence west along the south line of the North 1/2 of said Section 9, a distance of 5248 feet, more or less, to the southwest corner thereof; thence west along the south line of the East 1/2 of the Northeast 1/4 of said Section 8, a distance of 1315 feet, more or less, to the southwest corner thereof; thence north along the west line of the East 1/2 of the Northeast 1/4 of said Section 8, a distance of 2641 feet, more or less, to the southwest corner of the East 1/2 of the East 1/2 of said Section 5; thence north along the west line of the East 1/2 of the East 1/2 of said Section 5, a distance of 5054 feet, more or less, to the point of beginning. Except that part platted "THE CITADEL" and "CITADEL CENTER". Containing 1180 acres, more or less.

 and

 31st & Baltimore Area

All of Blocks 1, 2, 3, and 4, "MOUNT AUBURN"; all of Lots 1 through 24, both inclusive, "BROADWAY PARK"; Lots 4, 5, and 6, "M. J. PAYNE'S SUBDIVISION"; part of 29th Street, 30th Street and Baltimore Avenue, and the vacated street lying north of Lot 4, "M. J. PAYNE'S SUBDIVISION", all in Kansas City, Jackson County, Missouri, described as follows: Beginning at the southeast corner of said Block 2, being the intersection of the north line of 31st Street and the west line of Main Street, as said streets are now established; thence northerly along the west line of Main Street, a distance of 776 feet, more or less, to the northeast corner of Lot 20, Block 1, "MOUNT AUBURN"; thence northerly continuing along the west line of said Main Street, a distance of 1194 feet, more or less, to the southeast corner of Lot 3, "M. J. PAYNE'S SUBDIVISION"; thence west, a distance of 295 feet, more or less, to the southwest corner of the east said Lot 3; thence south, a distance of 60.00 feet to the northwest corner of said Lot 4, "M. J. PAYNE'S SUBDIVISION"; thence west a distance of 332 feet, more or less, to the northwest corner of Lot 24, "BROADWAY PARK", said corner being on the east line of Wyandotte Street, as now established; thence south along the east line of Wyandotte Street, a distance of 1908 feet, more or less, to the southwest corner of Block 3, "MOUNT AUBURN"; said corner being on the north line of said 31st Street; thence east along the north line of 31st Street, a distance of 602 feet, more or less, to the point of beginning, containing 26.0 acres, more or less.

and

Ivanhoe and Blue Hills Neighborhood

Beginning at the intersection of the platted centerline of Paseo Avenue and the platted centerline of 31stStreet; thence east along the centerline of 31stStreet to the intersection with the centerline of Prospect Avenue; thence south along the centerline of Prospect Avenue to the intersection with the centerline of 63rdStreet; thence west along the centerline of 63rdStreet to the intersection with the centerline of Paseo Avenue; thence north along the centerline of Paseo Avenue to the Point of Beginning, all contained in and a part of Kansas City, Jackson County, Missouri, according to the recorded plat thereof, containing 79,162,746 square feet or 1,817.32 acres, more or less.

and

 

Main Street Improvement Area

Beginning at the intersection of the centerline of Pershing Road and easterly prolongation of the east right of way line of Main Street; thence south along the east right of way line of Main Street to the southwest corner of Lot 2, Crown Center, a subdivision in Kansas City, Jackson County, Missouri, a distance of 2096 feet, more or less; thence southeast along the south line of said Lot 2 to north right of way line of 27th Street, a distance of 28 feet, more or less; thence south at right angle to the centerline of 27th Street, a distance of 30 feet, more or less; thence east along the centerline of 27th Street to the northerly prolongation of the west right of way line of Grand Boulevard, a distance of 158 feet, more or less; thence south along the west right of way line of Grand Boulevard to a point 13 feet south of the north line of Lot 133, Union Terminal Addition, a subdivision in Kansas City, Jackson County, Missouri, a distance of 368 feet, more or less; thence continuing south crossing Grand Boulevard to a point 19 feet north of south line of Lot 122, Union Terminal, a subdivision in Kansas City, Jackson County, Missouri, a distance of 341 feet, more or less; thence south along the west right of way line of Warwick Trafficway and prolongation thereof to a point in the easterly prolongation of the centerline of 29th Street, a distance of 552 feet, more or less; thence west along the centerline of 29th Street to the east right of way line of Main Street, a distance of 214 feet, more or less; thence south along the west right of way line of Main Street to the centerline of 31st Terrace, a distance of 1724 feet, more or less; thence east along the centerline of 31st Terrace to the northerly prolongation of east line of Lot 13, South View, a subdivision in Kansas City, Jackson County, Missouri, a distance of 357 feet, more or less; thence south along the east line of said Lot 13 to the southeast corner of said Lot 13, a distance of 158 feet, more or less; thence southeasterly to the northwest corner of Lot 8, South View, a subdivision in Kansas City, Jackson County, Missouri, a distance of 16 feet, more or less; thence south along the west line of said Lot 8 to the southwest corner of said Lot 8, also being the north right of way line of 32nd Street, a distance of 114 feet, more or less; thence southwesterly to a point on the north line of Lot 51, South View, a subdivision in Kansas City, Jackson County, Missouri, said the point being 10 feet west of the east line of said Lot 51, also being the south right of way line of 32nd Street, a distance of 51 feet, more or less; thence south along a line 10 feet west and parallel to the east line of said Lot 51 and then continuing southerly along a line 9 feet and parallel to the east of west line of Lot 57, South View, a subdivision in Kansas City, Jackson County, Missouri, to the centerline of Linwood Boulevard, a distance of 245 feet, more or less; thence west along centerline of Linwood Boulevard to northerly prolongation of the east right of way line of Main Street, a distance of 372 feet, more or less; thence south along the east right of way line of Main Street to the centerline of 34th Street, a distance of 961 feet, more or less; thence east along the centerline of 34th Street to the northerly prolongation of the east line of Lot 12, Halsey & Dudleys, a subdivision in Kansas City, Jackson County, Missouri, a distance of 286 feet, more or less; thence south along the west line of said Lot 12 and the east line of Lot 63, Chadwicks Second, a subdivision in Kansas City, Jackson County, Missouri, to the north right of way line of 34th Street Terrace, a distance of 320 feet, more or less; thence continuing southerly to the northeast corner of Lot 12, Chadwicks Second Addition, a subdivision in Kansas City, Jackson County, Missouri, also being the south right of way of 34th Street Terrace, a distance of 50 feet; thence south along the east line of said Lot 12 to the southeast corner of said Lot 12, a distance of 147 feet, more or less; thence southeasterly to the centerline of the vacated Walnut Street, a distance of 15 feet, more or less; thence south along the centerline of the vacated Walnut Street to the north right of way line of Armour Boulevard, a distance of 140 feet, more or less; thence south along the centerline of Walnut Street to the north right of way line of 39th Street, a distance of 2649 feet, more or less; thence southwesterly to the intersection of the south right of way line of 39th Street and the centerline of Walnut Street, a distance of 72 feet, more or less; thence south along the centerline of Walnut Street to the centerline of 41st Street, a distance of 1723 feet, more or less; thence west along the centerline of 41st Street to the centerline of Main Street, a distance of 299 feet, more or less; thence south along the centerline of Main Street to the easterly prolongation of the centerline of 42nd Street, a distance of 422 feet, more or less; thence west along the centerline of 42nd Street to the centerline of Baltimore Avenue, a distance of 324 feet, more or less; thence north along the centerline of Baltimore Avenue to the centerline of 41st Street, a distance of 399 feet, more or less; thence northeast along the centerline of 41st Street to the centerline of Baltimore Avenue, a distance of 212 feet, more or less; thence northerly along the centerline of Baltimore Avenue to the intersection with the north right of way line of Linwood Boulevard, a distance of 5966 feet, more or less; thence southwesterly along the north right of way line of Linwood Boulevard to the centerline line of Wyandotte Street, a distance of 426 feet, more or less; thence northerly along the centerline of Wyandotte Street to the centerline of 31st Street, a distance of 1224 feet, more or less; thence east along the centerline of 31st Street to the southerly prolongation of the west right of way line of Main Street, a distance of 884 feet, more or less; thence northerly along the west right of way line of Main Street to the northeast corner of Lot 4, M.J. Payne, a subdivision in Kansas City, Jackson County, Missouri, a distance of 1946 feet, more or less; thence west along the north line of said Lot 4 to the centerline of the vacated Baltimore Street, a distance of 316 feet, more or less; thence continuing westerly to the northwest corner of Lot 24, Broadway Park, a subdivision in Kansas City, Jackson County, Missouri, said the point also being on the east right of way line of Wyandotte Street, a distance of 308 feet, more or less; thence south along the east right of way line of Wyandotte Street to the north right of way line of 31st Street, a distance of 1913 feet, more or less; thence westerly to the intersection of the west right of way line of Wyandotte Street and the north right of way line of 31st Street, a distance of 50 feet, more or less; thence west along the north right of way line of 31st Street to the centerline of Penn Street, a distance of 1256 feet, more or less; thence north along the centerline of Penn Street to the north right of way line of 30th Street, a distance of 652 feet, more or less; then west along the north right of way line of 30th Street to the centerline of Penn Valley Place, a distance of 320 feet, more or less; thence northwest along the centerline of Penn Valley Place to the centerline of Summit Street, a distance of 675 feet, more or less; thence north along the centerline of Summit Street to the westerly prolongation of the south right of way line of Summit Street, a distance of 53 feet, more or less; thence easterly to the east right of way line of Summit Street, a distance of 95 feet, more or less; then north along the east right of way line of Summit Street to the south right of way line of old 27th Street, a distance of 1307 feet, more or less; thence north and perpendicular to the centerline of old 27th Street, a distance of 25 feet; thence west along the centerline of old 27th Street, a distance of 89 feet, more or less; thence northeasterly along the east right of way line of southwest Trafficway to the south right of way line of Southwest Trafficway, a distance 388 feet, more or less; thence east along the south right of way line of Southwest Trafficway to the east right of way line of Southwest Trafficway, a distance of 105 feet, more or less; thence north along the east right of way line of Southwest Trafficway to the south right of way line of 26th Street, a distance of 322 feet, more or less; thence east along the south right of way line of 26th Street to the southerly prolongation of the east right of way line of Broadway, a distance of 1020 feet, more or less; thence north along the southerly prolongation of the east right of way line of Broadway to the south line of Block 1, Sheidley Park, a subdivision in Kansas City, Jackson County, Missouri, a distance of 53 feet, more or less; thence east along the south line of said Block 1 to the southeast corner of said Block 1, a distance of 331 feet, more or less; thence north along the east line of said Block 1 to the intersection with the south right of way line of 25th Street, a distance of 592 feet, more or less; thence east along the east prolongation of the south right or way line of 25th Street to the east line of Penn Valley Park, a distance of 155 feet; thence north along the west line of Penn Valley Park to the north right of way line of 25th Street, a distance of 60 feet, more or less; thence northeast along the southeast line of Waldo Tract, a subdivision in Kansas City, Jackson County, Missouri, to its intersection with the west line of Penn Valley Park, a distance of 235 feet, more or less; thence north along the west line of Penn Valley Park to the southeast corner of Lot 1, Waldo Tract, a subdivision in Kansas City, Jackson County, Missouri, a distance of 159 feet, more or less; thence north along the east line of said Lot 1 to the north line of Penn Valley Park, a distance of 35 feet, more or less; thence east along the north line of Penn Valley Park, a distance of 116 feet, more or less; thence north along the west line of Penn Valley Park to the south right of way line of Pershing Road, a distance of 100 feet, more or less; thence along the northerly prolongation of the west line of Penn Valley Park to the centerline of Pershing Road, a distance of 32 feet, more or less; thence northeasterly along the centerline of Pershing Road to the easterly prolongation of the east right of way line of Main Street, also being the point of beginning, a distance of 757 feet, more or less. Total acreage 308 acres more or less.

 

Section 5. The Commission is authorized to issue obligations in one or more series of bonds secured by the Southtown Corridor/31st & Baltimore 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, 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 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 Southtown Corridor/31st & Baltimore 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 the $2,500,000.00 line item for Trinity Hospital Demolition and Remediation in Exhibit 4 (Third Amendment Budget) to this ordinance will not be available for reimbursement until the plan is amended or until a project authorizing this expenditure, including a but for analysis, is approved by the Council.

 

_____________________________________________

 

Approved as to form and legality:

 

 

______________________________

Heather A. Brown

Assistant City Attorney