ORDINANCE NO. 051325
Accepting the recommendations of
the Tax Increment Financing Commission as to the Sixth Amendment to the Brush
Creek Corridor Tax Increment Financing Plan; approving the Sixth Amendment to
the Brush Creek Corridor Tax Increment Financing Plan; designating an amended
redevelopment area.
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 March 11,
1999, the City Council passed Ordinance No. 990251 which accepted the
recommendations of the Commission as to the Brush Creek Corridor Tax Increment
Financing Plan ("Redevelopment Plan") and designated the
Redevelopment Area therein to be a blighted area; and
WHEREAS, on June
8, 2000, the Council passed Ordinance No. 000606 approving the First Amendment
to the Redevelopment Plan which expands the boundaries of the Redevelopment
Area described in the Plan, designates the Redevelopment Area, as amended, as a
Conservation Area under the Act and discusses the possibility of additional
Redevelopment Project Areas within the expanded area; and
WHEREAS, on
October 19, 2000, the Council passed Ordinance No. 001378 approving the Second
Amendment which provided for the addition of the Plaza East Project to the Plan
in four phases; and
WHEREAS, on
December 4, 2003, the Council passed Ordinance No. 031298 approving the Third
Amendment which increased the Plans overall total project costs to
$169,537,727.00, of which $45,615,182.00 will qualify as reimbursable project
costs; and
WHEREAS, on
March 4, 2004, the Council passed Committee Substitute for Ordinance No. 040101
approving the Fourth Amendment which provided for the construction of a grocery
store, retail and office in Projects B and C of the Blue Parkway Town Center
Redevelopment and expansion of the Redevelopment area and Project Area B, and
updated the Plan to reflect changes in estimated redevelopment costs, projected
revenues and other related details; and
WHEREAS, on May
6, 2004, the Council passed Ordinance No. 040483 approving the Fifth Amendment
which updates the Plan to reflect changes in the estimated redevelopment
project costs; and
WHEREAS, a sixth
amendment to the Redevelopment Plan (Sixth 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 October 12, 2005, adopted Resolution No. 10-29-05
("Resolution") recommending that the City Council approve the Sixth
Amendment; and
WHEREAS, the
Sixth Amendment would implement the suggestions made in the First Amendment to
the Brush Creek Corridor Tax Increment Financing Plan regarding additional
projects; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. The
recommendation of the Commission concerning the Sixth Amendment as set forth in
the Resolution attached hereto as Exhibit "A" are hereby accepted and
the Sixth Amendment, 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, 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
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. 990251, 000606, 001378, 031298,
040101 and 040483 with respect to the Redevelopment Plan are not affected by
the Sixth Amendment and apply equally to the Sixth Amendment;
(b)
The Redevelopment Area 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;
(c)
The Redevelopment Plan, as amended, confirms 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;
(f)
A plan has been developed for relocation assistance for businesses and
residences;
(g)
A cost benefit analysis showing the impact of the Sixth 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 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:
The centerline of 51st
Street; then west along said centerline of 51st Street to the
Beginning at the midpoint of the centerline of Bruce R. Watkins and the
centerline of Brush Creek Boulevard; then easterly along said centerline to the
west lot line of Lot 27, Resurvey of Kemper Heights; then north along said west
lot line to the centerline of 46th Street; then east along said
centerline to the centerline of Prospect; then south along said centerline to
the centerline of Brush Creek Boulevard (also known as Emanuel Cleaver II
Boulevard); then easterly along said centerline to the centerline of Elmwood;
then south along said centerline to the centerline of Blue Parkway; then east
along said centerline to the centerline of Lawn; then south along said
centerline to the northeast corner of Lot 24, Bluebanks; then west along the
north line of Lots 24 and 35, Bluebanks, to the centerline of vacated Elmwood
Avenue; then south along said centerline to the northerly extension of the east
line of Lot 24, Sheraton Estates; then south along the northerly extension of
and the east line of Lot 24, Sheraton Estates, to the south property line of
said Lot 24, Sheraton Estates, said line also being the north property line of
Lot 15, Block 6, Sheraton Estates; then west along the south property line of
said Lot 24, Sheraton Estates, said line also being the north property line of
Lot 15, Block 6, Sheraton Estates, to the intersection with the southeasterly
property line of Tract A, Sheraton Estates; then southwesterly along the
northwesterly property line of Lots 16 through 19, Block 6, Sheraton Estates,
said line also being the southeasterly property line of Tract A, Sheraton
Estates to the westerly property line of Lot 19, Block 6, Sheraton Estates;
then south along the westerly property line of Lot 19, Block 6, Sheraton
Estates, to the southerly property line of Lot 19, Block 6, Sheraton Estates;
then southwesterly along the south property line of Tract A, Sheraton Estates
to the easterly property line of Lot 20, Block 6, Sheraton Estates; then
northwesterly along the easterly line of Lot 20, Block 6, Sheraton Estates to
the northwesterly property line of Lot 20, Block 6, Sheraton Estates, said line
also being the southerly property line Tract A, Sheraton Estates; then
southwesterly along the northerly property lines of Lots 20 through 23, Block
6, Sheraton Estates, to the centerline of Jackson Avenue; then south along said
centerline to the centerline of 53rd Street; then west along said
centerline to the centerline of Swope Parkway; then northerly along said
centerline to the centerline of 51st Street; then west along said
centerline to the east line of Lot 16, McMahon Heights; then north along said
east lot line to the centerline of 50th Street; then north along the
east lot line of Lot 18, Evanston Heights to the centerline of 49th Street; then west along said centerline to the centerline of Bruce R.
Watkins ; then northerly along the centerline of Bruce R. Watkins to the point
of beginning.
Section 5. The
Commission is authorized to issue obligations in one or more series of bonds
secured by the Tower Properties 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
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 6.
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 Brush Creek Corridor 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.
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Approved as to form and legality:
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Heather A. Brown
Assistant City Attorney