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Legislation #: 061182 Introduction Date: 10/26/2006
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Fourth Amendment to the Civic Mall Tax Increment Financing Plan and approving the Fourth Amendment to the Civic Mall Tax Increment Financing Plan.

Legislation History
DateMinutesDescription
10/25/2006 Filed by the Clerk's office
10/26/2006 Referred to Planning, Zoning & Economic Development Committee
11/1/2006 Hold Off Agenda
7/18/2007 Hold Off Agenda
1/17/2013 Release
1/2/2014 Released

View Attachments
FileTypeSizeDescription
00067806.doc Fact Sheet 292K Civic Mall 4th Amendment
00071415.doc Legal Description 22K Civic Mall 4th Amendment - Legal Description
00071342.xls Fact Sheet 35K Civic Mall 4th Amendment - Ordinance Fact Sheet
00071340.doc Fact Sheet 22K Civic Mall 4th Amendment - Request for Ordinance

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ORDINANCE NO. 061182

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Fourth Amendment to the Civic Mall Tax Increment Financing Plan and approving the Fourth Amendment to the Civic Mall Tax Increment Financing Plan.

 

WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, 1986, as amended (the "Act"), the City Council of Kansas City, Missouri, by Ordinance No. 54556 passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing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 December 8, 1994, the City of Kansas City, Missouri, adopted the Civic Mall Tax Increment Financing Plan by Ordinance No. 941589, which approved the Redevelopment Plan, found the area described therein ("Redevelopment Area") to qualify as a blighted area; and designated the Redevelopment Area as a Redevelopment Area pursuant to the Act; and

 

WHEREAS, on February 12, 1997, the Commission recommended adoption of the First Amendment to the Civic Mall Tax Increment Financing Plan (the "First Amendment") by way of Resolution No. 2-2-97 and on March 20, 1997, the Council adopted the First Amendment by Ordinance No. 970236; and

 

 WHEREAS, on June 9, 2004, the Commission recommended adoption of the Third Amendment to the Civic Mall Tax Increment Financing Plan (the "Third Amendment") by adopting Resolution No. 06-07-04 and on July 8, 2004, the Council approved the Third Amendment by passage of Ordinance No. 040706; and

 

WHEREAS, a fourth amendment to the Redevelopment Plan (the Fourth Amendment) was proposed to the Commission; 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, closed said public hearing on August 9, 2006, and approved Resolution No. 8-5-06 (the "Resolution") recommending to the City Council the approval of the Fourth Amendment; and

 

WHEREAS, the intent of the Fourth Amendment is to removal an area generally bounded by 8th Street on the north, Charlotte Street on the east, 12th Street on the south and Locust Street on the west; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations of the Commission concerning the Fourth Amendment as set forth in the Resolution attached hereto as Exhibit "A" are hereby accepted and the Fourth Amendment, 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 Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended.

 

Section 3. The following-described area is hereby designated a Redevelopment Area:

 

Beginning at the point of the intersection of the centerline of 13th Street and the centerline of McGee Street, thence north along the center line of McGee Street to the centerline of 11th Street; thence east along the centerline of 11th Street to the centerline of Oak Street; thence north along the centerline of Oak Street to the centerline of 10th Street; thence west along the centerline of 10th Street to the centerline of McGee Street; thence north along the centerline of McGee Street to the centerline of 8th Street; thence east along the centerline of 8th Street to the centerline of Oak Street; thence northeasterly along the centerline of Oak Street to the centerline of Admiral Boulevard; thence east along the centerline of Admiral Boulevard to the centerline of Locust; thence northeasterly along the centerline of Locust Street to the south right-of-way of 6th Street Trafficway; thence east along the south right-of-way of 6th Street Trafficway to the west right-of-way line of Interstate 70; thence south along the west right-of-way line of Interstate 70 to the centerline of 11th Street; thence west along the centerline of 11th Street to the centerline of Charlotte Street; south along the centerline of Charlotte Street to the centerline of 12th Street; thence west along the centerline of 12th Street to the centerline of Cherry Street; thence north along the centerline of Cherry Street to the centerline of 11th Street; thence west along the centerline of Cherry Street to the centerline of 11th Street; thence west along the centerline of 11th Street to the centerline of Oak Street; thence south along the centerline of Oak Street to the centerline of 13th Street; thence west along the centerline of 13th Street to the point of beginning, now all included in a part of the City of Kansas City, Jackson County, Missouri.

 

Section 4. In accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

 

(a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the Council in Ordinance Nos. 940159, 970236, 980854 and 040706 with respect to the Redevelopment Plan, as amended, are not affected by the Fourth Amendment and apply equally to said Fourth Amendment;

 

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

(c) The amended Redevelopment Area, as a whole, 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 and such fact is acknowledged in an affidavit included in the Redevelopment Plan, as amended, as Exhibit 17 thereto;

 

(d) The Redevelopment Area, as amended, includes only those parcels of real property directly and substantially benefited by the proposed Redevelopment Projects;

 

(e) The Redevelopment Area, as amended, and the Fourth Amendment conforms to the plan for the redevelopment of the City as a whole.

 

(f) 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 adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area;

 

(g) A plan has been developed for relocation assistance for businesses and residences.

 

(h) A cost benefit analysis showing the economic impact of the Fourth Amendment on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared.

 

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

 

Section 5. The Commission is authorized to issue obligations in one or more series of bonds secured by the Civic Mall 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 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 that are deposited into the Civic Mall 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.

 

_________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Heather A. Brown

Assistant City Attorney