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Legislation #: 060903 Introduction Date: 8/17/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Fifth Amendment to the Shoal Creek Parkway Tax Increment Financing Plan; approving the Fifth Amendment to the Shoal Creek Parkway Tax Increment Financing Plan; and designating an amended Redevelopment Area.

Legislation History
DateMinutesDescription
8/15/2006 Filed by the Clerk's office
8/17/2006 Referred to Planning, Zoning & Economic Development Committee
8/30/2006 Advance and Do Pass, Debate
8/31/2006 Passed

View Attachments
FileTypeSizeDescription
060903.pdf Authenticated 821K Authenticated
00068101.DOC Other 53K Legals
00068099.PDF Other 715K 5th Amendment to the Shoal Creek TIF Plan
00067997.DOC Other 22K Request for Ordinance
00067972.XLS Fact Sheet 37K Ordinance Fact Sheet

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ORDINANCE NO. 060903

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Fifth Amendment to the Shoal Creek Parkway Tax Increment Financing Plan; approving the Fifth Amendment to the Shoal Creek Parkway Tax Increment Financing Plan; and designating an amended 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 November 10, 1994, the Council passed Ordinance No. 941443, which accepted the recommendations of the Commission as to the Shoal Creek Parkway Tax Increment Financing Plan (the Redevelopment Plan), approved the Redevelopment Plan, found the Redevelopment Area to be an economic development area; designated the Redevelopment Area as a Redevelopment Area pursuant to the Act; approved an agreement with the Commission; and authorized the Commission to take all such action as may be needed to effectuate the Redevelopment Plan; and

 

WHEREAS, the First Amendment expanded the boundaries of the Redevelopment Area and provided for the use of tax increment financing revenues to assist in financing construction of certain portions of Shoal Creek Parkway and side walks, street lights and appurtenances and was approved by the Council in Ordinance No. 971310, passed October 2, 1997; and

 

WHEREAS, the Second Amendment provided for the addition of two projects for the development of additional commercial space in the expanded Redevelopment Area and was approved by the Council in Ordinance No. 021283 passed October 31, 2002; and

 

WHEREAS, the Third Amendment provided for payments in lieu of taxes to pay for certain costs related to the construction of the Flintlock Flyover and tax increment financing revenues to assist in financing the construction of Shoal Creek Parkway from I-435 to Pleasant Valley Road and was approved by the Council in Ordinance No. 040457 passed April 29, 2004; and

 

WHEREAS, the Fourth Amendment provided that 80% of the economic activity taxes generated and collected within the Redevelopment Area be utilized to reimburse certain redevelopment costs identified in the Fourth Amendment and provides for revisions to the project budget and was approved by the Council in Ordinance No. 041218 passed November 9, 2004; and

 

WHEREAS, the Fifth Amendment to the Shoal Creek Parkway Tax Increment Financing Plan was presented to the Commission; and

 

WHEREAS, the Commission, having been duly constituted and its members appointed, after all proper notice was given, met in public hearing and, after receiving the comments of all interested persons and taxing districts, closed the public hearing on July 12, 2006, and adopted Resolution No. 7-3-06 (Resolution) recommending approval of the Fifth Amendment; and

 

WHEREAS, the Fifth Amendment provides updated budget line items amounts as well as provide for the expansion of the Redevelopment Area boundaries to include the proposed alignment of the Maplewoods Parkway between Indiana and Brighton; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations of the Commission concerning the Fifth Amendment as set forth in the Resolution attached hereto as Exhibit "A" is accepted and the Fifth Amendment, a copy of which is attached as Exhibit "B," is approved and adopted as valid and the Redevelopment Projects contained therein are hereby authorized.

 

Section 2. All terms used in this Ordinance, not otherwise defined herein, shall be construed as defined in Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the Act).

 

Section 3. The Council finds that:

 

(a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the City Council in Ordinance Nos. 941443, 971310, 021283, 040457 and 041218 with respect to the Redevelopment Plan are not affected by the Fifth Amendment and apply equally to the Fifth Amendment;

 

(b) The Redevelopment Area, as amended, is an economic development 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;

 

(c) The areas selected as Redevelopment Projects include only those parcels of real property and improvements which will be directly and substantially benefited by the Redevelopment Project improvements;

 

(d) The Redevelopment Plan, as amended, and each Redevelopment Project, conform to the comprehensive plan for the development of the City as a whole;

 

(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, 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 Redevelopment Plan, as amended, on each taxing district which is at least partially in the boundaries of the Redevelopment Area, as amended, as been prepared in accordance with the Act; and

 

(h) The Fifth Amendment does not include the initial development or redevelopment of any gambling establishment.

 

Section 4. The new legal description for the area is as follows:

 

The Redevelopment Area is legally described as follows:

 

A tract of land in Sections 3, 4, 5, 8, 9, 10, 11, 14, 15, 16, 17, and 18, Township 51 North, Range 32 West, and Sections 32, 33 and 34, Township 52 North, Range 32 West of the Fifth Principal Meridian, in Kansas City, Clay County, Missouri being more particularly described as follows:

 

(Note: The bearing systems in the following description is based on Grid North, Missouri Coordinate Systems of 1983.)

 

Beginning at the Southeast corner of Section 15, Township 51 North, Range 32 West; Thence North 884932 West 2,600.83 feet, along the South line of the Southeast Quarter of said Section 15, to the Southeast corner of the Southwest Quarter of said Section 15; Thence North 885001 West 2,607.07 feet, along the South line of the Southwest Quarter of said Section 15, to the Southeast corner of the Southeast Quarter Section 16, Township 51 North, Range 32 West; Thence South 895653 West 1,284.90 feet, along the South line of the Southeast Quarter of said Section 16, to a point on the East right-of-way line of Interstate Highway I-435, as now established; Thence North 072403 East 48.91 feet along said East right-of-way line; Thence North 132148 West 405.84 feet along said East right-of-way line; Thence North 405810 West 280.00 feet along said East right-of-way line; Thence North 345748 West 963.21 feet along said East right-of-way line; Thence North 205806 West 2,250.00 feet along said East right-of-way line; Thence North 285620 West 252.44 feet along said East right-of-way line; Thence North 690154 East 90.00 feet along said East right-of-way line; Thence North 205806 West 250.00 feet, along said East right-of-way line, to a point on the North right-of-way line of 76th Street / N.E. Soccer Drive, as now established; Thence South 690157 West 1,012.19 feet along said North right-of-way line; Thence South 205803 East 85.00 feet along said North right-of-way line; Thence South 690157 West 237.81 feet along said North right-of-way line, to the beginning of a curve concave to the North having a radius of 1,228.50 feet; Thence Westerly and Northwesterly 1,579.38 feet along said North right-of- way line and curve to the right, having a central angle of 733937; Thence North 371826 West 1,106.44 feet, along said North right-of-way line, to the beginning of a curve concave to the Southwest having a radius of 1,847.12 feet; Thence Northwesterly 766.64 feet, along said North right-of-way line and curve to the left, having a central angle of 234649, to a point on the North line of the Northeast Quarter of Section 17, Township 51 North, Range 32 West; Thence North 884350 West 954.00 feet, along the North line of the Northeast Quarter of said Section 17, to the Northeast corner of the Northwest Quarter of said Section 17; Thence South 004800 West 2,636.96 feet, along the East line of the Northwest Quarter of said Section 17, to the Northeast corner of the Southwest Quarter of said Section 17; Thence South 002303 West 1,795.06 feet along the East line of the Southwest Quarter of said Section 17, to a point in the center line of Shoal Creek; Thence North 485248 West 40.56 feet along said center line; Thence North 194613 West 65.80 feet along said center line; Thence North 143547 East 134.60 feet along said center line; Thence North 212913 West 96.57 feet along said center line; Thence North 844513 West 201.40 feet along said center line; Thence North 880813 West 290.00 feet along said center line; Thence North 104213 West 361.50 feet along said center line; Thence South 512411 West 177.19 feet along said center line; Thence North 801413 West 133.00 feet along said center line; Thence North 574213 West 293.00 feet, along said center line, to the center line of Acme Springs Branch; Thence North 134326 East 137.68 feet along said center line; Thence North 281047 East 180.00 feet along said center line; Thence North 615713 West 49.00 feet along said center line; Thence North 140213 West 73.00 feet along said center line; Thence North 250805 West 227.53 feet along said center line; Thence North 005407 East 45.71 feet along said center line to a point on the North line of a deed recorded in Book 1082 at Page 934; Thence North 883152 West 685.87 feet along said North line; Thence North 012507 West 406.72 feet to a point on the North line of the Southwest Quarter of said Section 17; Thence North 890940 West 730.68 feet, along said North line to the Southeast corner of the Northeast Quarter of Section 18, Township 51 North, Range 32 West; Thence North 004029 East 1,984.31 feet, along the East line of the Northeast Quarter of said Section 18, to the Northeast corner of CLAYBROOK SECOND PLAT, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof; Thence North 893121 West 1,322.00 feet, along the North line of said CLAYBROOK SECOND PLAT and the North line of CLAYBROOK FIRST PLAT, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof, to a point on the East line of the Northwest Quarter of the Northeast Quarter of said Section 18; Thence North 003045 East 131.52 feet, along the East line of the Northwest Quarter of the Northeast Quarter of said Section 18; Thence North 894039 West 1,322.58 feet, along the North line of the plat of GLADSTONE ACRES, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof, to a point on the West line of the Northeast Quarter of said Section 18; Thence North 002118 East 532.48 feet, along the West line of the Northeast Quarter of said Section 18, to the Northwest corner of the Northeast Quarter of said Section 18; Thence South 893246 East 2,647.77 feet, along the North line of the Northeast Quarter of said Section 18, to the Southwest corner of the Southwest Quarter of Section 8, Township 51 North, Range 32 West; Thence South 885802 East 1,276.78 feet, along the South line of the Southwest Quarter of said Section 8, to a point along the center line of N.E. 80th Street, as now established; Thence North 654030 East 280.49 feet along said center line; Thence North 782630 East 135.00 feet along said center line; Thence South 885730 East 117.82 feet along said center line; Thence North 011347 East 1,064.80 feet along the West line of the plat of HIGHWAY 152 COMMERCE CENTER, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof, to a point on the South right-of-way line of Missouri Route 152 Highway, as now established; Thence North 151326 West 410.18 feet to a point on the North right-of-way line of Missouri Route 152 Highway; Thence South 853503 West 360.37 feet, along said North right-of-way line, to the beginning of a curve concave to the North having a radius of 2,684.79 feet; Thence Westerly 1,322.15 feet along said North right-of-way line and curve to the right, having a central angle of 281257; Thence North 661200 West 43.76 feet along said North right-of-way line to a point on the West line Southwest Quarter of said Section 8; Thence North 001509 East 816.04 feet along the West line of the Southwest Quarter of said Section 8, to the Southwest corner of the Northwest Quarter of said Section 8; Thence North 003044 East 2,630.41 feet, along the West line of the Northwest Quarter of said Section 8, to the Northwest corner of the Northwest Quarter of said Section 8, Thence South 890936 East 2,627.25 feet, along the North line of the Northwest Quarter of said Section 8, to the Northwest corner of the Northeast Quarter of said Section 8; Thence South 884719 East 2,629.25 feet, along the North line of the Northeast Quarter of said Section 8, to the Southwest corner of the Southwest Quarter of Fractional Section 4, Township 51 North, Range 32 West; Thence South 895317 East 874.93 feet, along the South line of the Southwest Quarter of said Section 4, to a point on said East right-of-way line of Interstate Highway I-435; Thence North 060637 West 2,176.99 feet along said East right-of-way line; Thence North 031657 East 471.19 feet, along said East right-of-way line, to a point on the North line of the Southwest Quarter of said Section 4; Thence North 895323 West 644.62 feet, along the North line of the Southwest Quarter of said Section 4, to the Southeast corner of the Northeast Quarter of Fractional Section 5, Township 51 North, Range 32 West; Thence North 885836 West 2,637.59 feet, along the South line of the Northeast Quarter of said Section 5, to the Southwest corner of the Northeast Quarter of said Section 5; Thence North 002059 East 2,630.48 feet, along the West line of the Northeast Quarter of said Section 5, to the Northwest corner of the Northeast Quarter of said Section 5; Thence North 835242 West 22.88 feet, along the North line of the Northwest Quarter of said Section 5, to the Southwest corner of the Southeast Quarter of said Section 32, Township 52 North, Range 32 West; Thence North 003453 East 2,608.38 feet, along the West line of the Southeast Quarter of said Section 32, to the Southwest corner of the Northeast Quarter of said Section 32; Thence North 003259 East 98.82 feet, along the West line of the Northeast Quarter of said Section 32; Thence South 893721 East 1,322.15 feet to a point on the East line of the Southwest Quarter of the Northeast Quarter of said Section 32; Thence South 002524 West 98.82 feet, along said East line, to the Northwest corner of the Northeast Quarter of the Southeast Quarter of said Section 32; Thence South 893720 East 1,322.37 feet, along the North line of the Northeast Quarter of the Southeast Quarter of said Section 32, to the Northwest corner of the Southwest Quarter of said Section 33, Township 52 North, Range 32 West; thence South 885624 East 2,636.23 feet, along the North line of the Northwest Quarter of the Southwest Quarter of said Section 33, to the Northeast corner of the Southwest Quarter of said Section 33; Thence South 002348 West 2,609.16 feet, along the East line of the Southwest Quarter of said Section 33, to the Southeast corner of the Southwest Quarter of said Section 33; Thence South 891158 East 2,588.06 feet, along the North line of the Northeast Quarter of said Section 4, to the Northwest corner of the Northwest Quarter of Section 3, Township 51 North, Range 32 West; Thence South 892507 East 48.66 feet, along the North line of the Northwest Quarter of said Section 3, to the Southwest corner of the Southwest Quarter of Section 34, Township 52 North, Range 32 West, Thence South 891816 East 743.22 feet, along the South line of the Southwest Quarter of said Section 34, to a point on the South right-of-way line of N.E. 96th Street, as now established and the beginning of a non tangent curve concave to the Northwest and having a radius of 2,899.82 feet and an initial tangent bearing of North 814329 East; Thence Northeasterly 17.88 feet along said South right-of-way line and curve to the left, having a central angle of 002112 Thence North 812217 East 406.50 feet, along said South right-of-way line, to the beginning of curve concave to the South having a radius of 2,829.82 feet; Thence Northeasterly 210.50 feet, along said South right-of-way line and curve to the right, having a central angle of 41543

Thence North 893441 East 96.56 feet, along said South right-of-way line, to the beginning of a non-tangent curve concave to the South and having a radius of 2,824.82 feet and an initial tangent bearing of North 873513 East; Thence Easterly 116.53 feet, along said South right-of-way line and curve to the right, having a central angle of 22149; Thence South 885531 East 1,048.52, along said South right-of-way line, to a point on the East line of the Southwest Quarter of said Section 34; Thence South 003832 West 93.78 feet, along the East line of the Southwest Quarter of said Section 34, to the Southeast corner of the Southwest Quarter of said Section 34; Thence North 891415 West 70.68 feet, along the North line of the Northeast Quarter of said Section 3, to the Northwest corner of the Northeast Quarter of said Section 3; Thence South 002625 West 2,634.33 feet, along the West line of the Northeast Quarter of said Section 3, to the Northwest corner of the Southeast Quarter of said Section 3; Thence South 882428 East 1,316.56 feet, along the North line of the Southeast Quarter of said Section 3, to the Northeast corner of the West One-half of the Southeast Quarter of said Section 3; Thence South 004214 West 20.00 feet, along the East line of the West One-half of the Southeast Quarter of said Section 3, to a point on the North line of Lot 238, WOODNEATH FARMS THE LINKS FIRST PLAT, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof; Thence South 485143 West 56.21 feet, along the North line of said Lot 238, to the Northwest corner of said Lot 238; Thence South 182113 East 228.65 feet, along the West line of said Lot 238, to the Southeast corner of Lot 239 and the beginning of a non-tangent curve concave to the Northwest having a radius of 975.00 feet and an initial tangent bearing of South 713846 West; Thence Southwesterly 90.37 feet, along the South line of said Lot 239 and curve to the right, having a central angle of 51838, to the Southwest corner of said Lot 239; Thence South 353124 East 53.89 feet to the Northeast corner of Lot 257; thence South 141140 East 163.35, along the East line of said Lot 257, to the Southeast corner of said Lot 257; Thence South 805428 West 20.26 feet, along the South line of Lot 257, to a point on the East line of the West One-half of the Southeast Quarter of said Section 3; Thence South 004214 West 1,256.02, along said East line, to a point on the North line of Lot 302, WOODNEATH FARMS THE LINKS SECOND PLAT, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof; Thence North 853855 East 14.06 feet, along the North line of said Lot 302, to the Northeast corner of said Lot 302 and the beginning of a non-tangent curve concave to the East having a radius of 455.00 feet and an initial tangent bearing of South 42012 East; Thence Southerly 150.28 feet, along the East lines of Lots 302 and 301 and curve to the left, to the Southeast corner of said Lot 301; Thence South 664424 West 126.93 feet, along the South line of said Lot 301, to the Southwest corner of said Lot 301; Thence South 294757 East 127.11 feet, along the West line of lots 301, 300 and 299, to a point on the East line of the West One-half of the Southeast Quarter of said Section 3; Thence South 004214 West 536.50 feet, along said East line, to the Southeast corner of the West One-half of said Section 3; Thence South 881048 East 1,304.79 feet, along the South line of the Southeast Quarter of said Section 3, to the Northwest corner of the Northwest Quarter of Section 11, Township 51 North, Range 32 West; Thence South 892454 East 2,584.11 feet, along the North line of the Northwest Quarter of said Section 11, to the Northwest corner of the Northeast Quarter of said Section 11; Thence South 002654 West 1,319.07 feet along the West line of said Northeast Quarter; Thence South 890622 East 2,591.27 feet, along, along the North line of WILSHIRE PLAZA FIFTH PLAT and WILSHIRE PLAZA FOURTH PLAT, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof, to the North East corner of Lot 1, WILSHIRE PLAZA FOURTH PLAT said point being on the East line of the Northeast Quarter of said Section 11; Thence South 002556 West 1,281.99 feet, along said East line of the Northeast Quarter, to the Southeast corner of the Northeast Quarter of said Section 11; Thence North 891841 West 531.32 feet along the South line of the Northeast Quarter of said Section 11; Thence South 004119 West 174.01 feet to the Northeast corner of Lot 1, REPLAT OF LOT 1 MARA ADDITION AND LOT 4 BARRY POINTE SECOND PLAT, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof said point also being on the West right-of-way line of Interstate Highway I-35, as now established; Thence South 014434 West 567.50 feet along said West right-of-way line; Thence South 112615 West 365.71 feet along said West right-of-way line; Thence South 280341 West 1,700.26 feet along said West right-of-way line, to a point on the South line of the Southeast Quarter of said Section 11; Thence North 891854 West 56.54 feet along said South line and West right-of-way line; Thence South 280341 West 445.31 feet, along said West right-of-way line, to the Northeast corner of Lot 1, UAW FORD FAMILY SERVICES & LEARNING CENTER, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof; Thence North 615619 West 1,855.16 feet, along the North line of said Lot 1 and the North line of Lots 1 and 2, WILD OAK, a subdivision of land in Kansas City, Clay County, Missouri according to the recorded plat thereof, to a point on the West right-of-way line of N.E. Flintlock Road, as now established; Thence South 365552 West 674.11 feet, along said West right-of-way line, to the beginning of a curve concave to the Southeast having a radius of 1,332.00 feet; Thence Southwesterly 218.32 feet, along said West right-of-way line and curve to the left having a central angle of 92327; Thence South 371444 West 17.01 feet, along said West right-of-way line, to the beginning of a non-tangent curve concave to the East having a radius of 390.00 feet and an initial tangent bearing of South 371444 West; Thence Southwesterly 214.94 feet, along said West right-of-way line and curve to the left having a central angle of 313439, to the beginning of a compound curve concave to the East and having a radius of 1,332.00 feet and an initial tangent bearing of South 174135 West; Thence Southwesterly and Southerly 379.63 feet, along said West right-of-way line and curve to the left having a central angle of 161947; Thence South 012148 West 1,760.02 feet, along said West right-of-way line, to a point on the North line of the Southwest Quarter of Section 14, Township 51 North, Range 32 West; Thence North 891855 West 1,169.96 feet, along said North line, to the Northeast corner of the Southeast Quarter of said Section 15; Thence South 011611 West 2,632.12 feet along the East line of the Southeast Quarter of said Section 15, to the Southeast corner of the Southeast Quarter of said Section 15 to the point of beginning of the tract herein described, containing 222,999,374 feet or 5,119.36 acres, more or less. Less that part in public road, street or highway right-of-way. Subject to all easements and restrictions of record.

 

Section 5. The Commission is authorized to issue obligations in one or more series secured by the Shoal Creek 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 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, as amended, the Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Shoal Creek Account of the Special Allocation 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