ORDINANCE NO. 991015

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Sixth Amendment to the Eleventh Street Corridor Tax Increment Financing Plan; approving the Sixth Amendment to the Eleventh Street Corridor Tax Increment Financing Plan; and designating an Expanded Redevelopment Area.

 

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"Act"), the City Council of Kansas City, Missouri, by Ordinance No. 54556, passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing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 10, 1992, the City of Kansas City, Missouri, adopted the Eleventh Street Corridor Tax Increment Financing Plan by Ordinance No. 921355, which approved the Redevelopment Plan, found the area described therein ("Redevelopment Area") to qualify as a Conservation area; and designated the Redevelopment Area as a Redevelopment Area pursuant to the Act; and

 

WHEREAS, on April 11, 1994, the Commission recommended adoption of the First Amendment to the Eleventh Street Corridor Tax Increment Financing Plan (the "First Amendment") by way of Resolution No. 94-35 and on June 23, 1994, the City of Kansas City, Missouri adopted the First Amendment by Ordinance No. 940721; and

 

WHEREAS, on September 20, 1995, the Commission recommended adoption of the Second Amendment to the Eleventh Street Corridor Tax Increment Financing Plan (the "Second Amendment") by way of Resolution No. 95-84 and on November 21, 1995, the City of Kansas City, Missouri adopted the Second Amendment by Ordinance No. 951478; and

 

WHEREAS, on March 20, 1996, the Commission recommended adoption of the Third Amendment to the Eleventh Street Corridor Tax Increment Financing Plan (the "Third Amendment") by way of Resolution No. 96-30 and on April 11, 1996, the City of Kansas City, Missouri adopted the Third Amendment by Ordinance No. 960295; and

 

WHEREAS, on September 9, 1998, the Commission determined not to adopt a proposed Fourth Amendment to the Eleventh Street Corridor Tax Increment Financing Plan; and

 

WHEREAS, on October 14, 1998, the Commission recommended adoption of the Fifth Amendment to the Eleventh Street Corridor Tax Increment Financing Plan (the "Fifth Amendment") by way of Resolution No. 10-2-98 and on November 23, 1998, the City of Kansas City, Missouri adopted the Fifth Amendment by Ordinance No. 981334; and

WHEREAS, said Redevelopment Plan, as amended, has been proceeding, and the Redevelopment Projects described therein remain necessary to improve the Redevelopment Area, as amended; and

 

WHEREAS, an amendment to the Redevelopment Plan entitled "The Sixth Amendment to the Eleventh Street Corridor Tax Increment Financing Plan" ("Sixth Amendment") affecting the area described therein 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 May 12, 1999 and on May 12, 1999 approved Resolution No. 5-4-99 (the "Resolution") recommending to the City Council the approval of the Sixth Amendment; and

 

WHEREAS, the intent of the Sixth Amendment is to expand the boundaries of the Redevelopment Area, as amended, to include additional area in which a single additional Redevelopment Project is to be completed. The additional Redevelopment Project is intended to eliminate or reduce those conditions, the existence of which support characterizing the Redevelopment Area, as amended, as a conservation area and to enhance the tax base within such area, as adopted by the City Council pursuant to Ordinance No. 921355 and subsequently amended by Ordinance No. 940721, Ordinance No. 951478, Ordinance No. 960295 and Ordinance No. 981334; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations 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 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:

 

The Redevelopment Area consists of an irregularly shaped area located in that portion of the Central Business District of Kansas City, Missouri generally bound on the north by West 6th Street, on the east by Wyandotte Street, on the south by 13th and Bee Line Street, and on the west by Interstate 29. The Redevelopment Area is more specifically described as including the areas as follows:

Beginning at the point of intersection of the south right-of-way line of West 10th Street as now established and the east right-of-way line of Wyandotte Street as now established; thence south along the east right-of-way line of Wyandotte Street to the south right-of-way line of West 11th Street as now established; thence west along the south right-of-way line of West 11th Street to the east right-of-way line of Central Street as now established; thence south along the east right-of-way line of Central Street to the north right-of-way line of West 12th Street as now established; thence west along the north right-of-way line of West 12th Street to the west right-of-way line of Broadway as now established; thence south along the west right-of-way line of Broadway to the south right-of-way line of West 13th Street as now established; thence west along the south right-of-way line of West 13th Street to the west right-of-way line of Washington Street as now established; thence north along the west right-of-way line of Washington Street to south lot line of Lot 2, BROOKWOOD ADDITION; thence west along the south lot line of Lot 2, BROOKWOOD ADDITION, to the west line of the north-south alley lying between Washington Street and Pennsylvania Avenue as now established; thence north along the west line of the north-south alley lying between Washington Street and Pennsylvania Avenue to the south right-of-way of West 12th Street; thence west along the south right-of-way of West 12th Street to the west right-of-way line of Pennsylvania Avenue; thence south along the west right-of-way line of Pennsylvania Avenue to the easterly extension of the south lot line of Lot 2, THE CORDOVA SUBDIVISION; thence west along the south lot line of Lot 2, THE CORDOVA SUBDIVISION, and the south lot line of Lots 6 through 10, Block 3, LYKINS PLACE ADDITION, and the south lot line of Lots 1 through 6 to the west lot line of Lot 6, Block 4, LYKINS PLACE ADDITION; thence north along the west lot line of Lot 6, Block 4, LYKINS PLACE ADDITION, and the northerly extension of said line to the north right-of-way line of West 12th Street; thence west along the north right-of-way line of West 12th Street to the east right-of-way line of Interstate 29 as now established, said point also being the southwest corner of Lot 2, COATES & HOPKINS 12TH STREET ADDITION; thence northwesterly and northerly along the east right-of-way line of Interstate 29 to the northwest corner of Lot 5, COATES & HOPKINS 12TH STREET ADDITION; thence east along the north line of Lots 5, 4 and 3, COATES & HOPKINS 12TH STREET ADDITION, to a point on the north lot line of Lot 3, said point being 14.5 feet west of the northeast corner of said Lot 3; thence north 160 feet to the south right-of-way line of vacated West 11th street; thence west 25 feet along the south right-of-way line of vacated West 11th Street; thence north to the north right-of-way line of West 11th Street; thence southerly and easterly along the north right-of-way line of West 11th Street to the west right-of-way line of Jefferson Street as now established; thence north along the west right-of-way line of Jefferson Street to the south right-of-way line of West 10th Street; thence east along the south right-of-way line of West 10th Street to a point 10 feet east of the east lot line of Lot 5, Block 7, COATES ADDITION; thence south along a line 10 feet east of and parallel to the east lot line of Lot 5, Block 7, COATES ADDITION, to the north lot line of Lot 17, Block 7, COATES ADDITION; thence west along the north lot line of lot 17, Block 7, COATES ADDITION, to the east right-of-way line of Jefferson Street; thence south along the east right-of-way line of Jefferson Street to a point 25 feet south of the northwest corner of Lot 15, Block 7, COATES ADDITION; thence east along a line 25 feet south of and parallel to the north lot line of Lot 15, Block 7, COATES ADDITION, and its extension to the west line of Lot 8, Block 7, COATES ADDITION; thence south along the west lot line of Lots 8 and 9, Block 7, COATES ADDITION, to the south lot line of said Lot 9; thence east along the south lot line of Lot 9, Block 7, COATES ADDITION, to the west right-of-way line of Pennsylvania Avenue; thence north along the west right-of-way line of Pennsylvania Avenue to the south right-of-way line of West 10th Street; thence east along the south right-of-way line of West 10th Street to the east right-of-way line of Pennsylvania Avenue; thence south along the east right-of-way line of Pennsylvania Avenue to the northwest corner of Lot 16, Block 5, COATES ADDITION; thence east along the north lot line of Lot 16, Block 5, COATES ADDITION, to the east lot line of said Lot 16; thence south 130 feet, more or less, along the east lot line of Lots 16, 15 and 14, Block 5, COATES ADDITION, to a point 10.1 feet south of the northeast corner of said Lot 14; thence east along a line 10.1 feet south of and parallel to the north lot line of Lots 9 and 14, Block 5, COATES ADDITION, to the west right-of-way line of Washington Street, said point being 4.1 feet south of the northeast corner of Lot 9, Block 5, COATES ADDITION; thence north along the west right-of-way line of Washington Street to the south lot line of Lot 9, Block 6, COATES ADDITION; thence west along the south lot line of Lots 9 and 14, Block 6, COATES ADDITION, to the west right-of-way line of Pennsylvania Avenue; thence north along the west right-of-way line of Pennsylvania Avenue to the north right-of-way line of West 7th Street; thence east along the north right-of-way line of West 7th Street to the west right-of-way line of Washington Street; thence south along the west right-of-way line of Washington Street to a point on the east lot line of Lot 18, Block 3, LUCAS PLACE, said point being on the westerly extension of a line 38 feet north of and parallel to the south lot line of Lot 7, Block 2, LUCAS PLACE; thence east along a line 38 feet north of and parallel to the south lot line of Lot 7, Block 2, LUCAS PLACE, to the northerly extension of the east line of the vacated north-south alley lying between Washington Street and Bank Street; thence south along the east line of the vacated north-south alley lying between Washington Street and Bank Street to a point 18 feet north of the south lot line of Lot 18, Block 2, LUCAS PLACE; thence east along a straight line 18 feet north of and parallel to the south lot line of Lot 18, Block 2, LUCAS PLACE, said line being the south right-of-way line of West 8th Street, to the east right-of-way line of May Street; thence south along the east right-of-way line of May Street to the north line of the east-west alley lying between 8th Street and 9th Street; thence east along the north line of the east-west alley lying between 8th Street and 9th Street to the west right-of-way line of Central Street; thence south along the west right-of-way line of Central Street to the north right-of-way line of 9th Street; thence west along the north right-of-way line of 9th Street to the west right-of-way line of Central Street; thence south along the west right-of-way line of Central Street to the north line of the east-west alley lying between 9th Street and 10th Street; thence west along the north line of the east-west alley lying between 9th Street and 10th Street to the east line of the north-south alley lying between Broadway Boulevard and Central Street; thence north along the east line of the north-south alley lying between Broadway Boulevard and Central Street to the south line of Lot 2, Block 4, ASHBURNS ADDITION; thence west along the south lot line of Lot 2, Block 5, ASHBURNS ADDITION, to the west right-of-way line of Broadway Boulevard; thence south along the west right-of-way line of Broadway Boulevard to the south lot line of Lot 7, Block 2, COATES ADDITION; thence west along the south lot line of Lot 7, Block 2, COATES ADDITION to the east line of Bank Street; thence south along the east right-of-way of Bank Street to the easterly extension of the south lot line of Lot 2, REPLAT OF TRACT 1 QUALITY HILL PHASE TWO, said point being 306.45 feet, more or less, from the south right-of-way line of West 9th Street; thence west along a straight line 306.45 feet, more or less, south of and parallel to the south right-of-way line of West 9th Street a distance of 72 feet to the east lot line of Lot 2, REPLAT OF TRACT 1 QUALITY HILL PHASE TWO; thence south along the east right-of-way line of Lot 2, REPLAT OF TRACT 1 QUALITY HILL PHASE TWO, to the north right-of-way line of West 10th Street; thence west along the north right-of-way line of West 10th Street to the west lot line of Lot 2, REPLAT OF TRACT 1 QUALITY HILL PHASE TWO; thence north along the west lot line of Lot 2, REPLAT OF TRACT 1 QUALITY HILL PHASE TWO, to the north lot line of Lot 2, REPLAT OF TRACT 1 QUALITY HILL PHASE TWO; thence east along the north lot line of Lot 2, REPLAT OF TRACT 1 QUALITY HILL PHASE TWO, to the west right-of-way line of Bank Street; thence north along the west right-of-way line of Bank Street to south right-of-way line of West 9th; thence west along the south right-of-way of 9th Street to the east right-of-way line of Washington Street; thence south along the east right-of-way line of Washington Street to a point 163.98 feet south of the south right-of-way line of West 10th Street; thence east 68.72 feet; thence north 37.19 feet to the north lot line of Lot 13, HOPKINS RESURVEY OF BLOCKS 1, 2, 3 & 4 COATES ADDITION; thence east 65.63 feet along the north lot line of Lot 13, HOPKINS RESURVEY OF BLOCKS 1 THRU 4 COATES ADDITION, to a point 15 feet west of the east lot line of said Lot 13; thence south along a line 15 feet west of and parallel to the east lot line of Lots 13, 14 and 15, Block 3, HOPKINS RESURVEY OF BLOCKS 1, 2, 3 & 4 COATES ADDITION, and the southerly extension of said line to a point 8 feet south of the southeast corner of said Lot 15; thence west along a line 8 feet south of and parallel to the south lot line of Lot 15, Block 3, HOPKINS RESURVEY OF BLOCKS 1, 2, 3 & 4 COATES ADDITION, to the east right-of-way line of Washington Street; thence south along the east right-of-way line of Washington Street to the north right-of-way line of West 11th Street; thence east along the north right-of-way line of West 11th Street to the west right-of-way line of Broadway; thence north along the west right-of-way line of Broadway to the south right-of-way line of West 10th Street; thence east along the south right-of-way line of West 10th Street to the east right-of-way line of Central Street; thence south along the east right-of-way line of Central Street to the southwest corner of Lot 1, Block 12, ASHBURNS ADDITION; thence east along the south lot line of Lots 1 thru 4, Block 12, ASHBURNS ADDITION, to the east lot line of said Lot 4; thence north along the east lot line of Lot 4, Block 12, ASHBURNS ADDITION, to the south right-of-way line of West 10th Street; thence west along the south right-of-way line of West 10th Street to the east right-of-way line of Central Street; thence north along the east right-of-way line of Central Street to the north lot line of Lot 17, Block 3, ASHBURNS ADDITION; thence east along the north lot line of Lot 17, Block 3, ASHBURNS ADDITION, to the east lot line of said Lot 17; thence south along the east lot line of Lots 12 through 17, Block 3, ASHBURNS ADDITION, and its southerly extension to the north lot line of Lot 6, Block 7, ASHBURNS ADDITION; thence east along the north lot lines of Lots 7 and 8, Block 7, ASHBURNS ADDITION, to the east lot line of said Lot 8; thence south along the east lot line of Lot 8, Block 7, ASHBURNS ADDITION, to the south right-of-way line of West 10th Street; thence east along the right-of-way line to the Point of Beginning, all now included in and a part of Kansas City, Jackson County, Missouri;

and

North Addition:

Commencing at the intersection of the center line of Wyandotte Street, as it now exists, and the north right-of-way line of 9th Street, as it now exists; thence west along the north right-of-way line of 9th Street to the west right-of-way line of Central Street, as it now exists; thence north along the west right-of-way line of Central Street to the north line of the east-west alley lying between 8th Street and 9th Street; thence west along the north line of the east-west alley lying between 8th Street and 9th Street to the east right-of-way line of May Street, as it now exists; thence north along the east right-of-way line of May Street to the south right-of-way line of 8th Street; thence west along the south right-of-way line of 8th Street to the west to a point 18 feet north of and parallel to the south lot line of Lot 18, Block 2, LUCAS PLACE; thence north along a straight line 18 feet north of and parallel to the south lot line of Lot 18, Block 2, LUCAS PLACE, said line being the south right-of-way line of 8th Street, to the east line of the vacated north-south alley lying between Washington Street and Bank Street; thence north along the vacated north-south alley lying between Washington Street and Bank Street to the easterly extension of a line 38 feet north of and parallel to the south lot line of Lot 7, Block 2, LUCAS PLACE; thence west along a line 38 feet north of and parallel to the south lot line of Lot 7, Block 2, LUCAS PLACE to the west right-of-way of Washington Street, as it now exists; thence north along the west right-of-way line of Washington Street to the north right-of-way line of 7th Street, as it now exists; thence west along the north right-of-way line of 7th Street to the west right-of-way line of Pennsylvania Avenue, as it now exists; thence north along the west right-of-way line of Pennsylvania Avenue to the center line of 6th Street, as it now exists; thence east along the center line of 6th Street to the west right-way line of Washington Street; thence south along the west right-of-way line of Washington Street to the north right-of-way line of 7th Street, as it now exists; thence east along the north right-of-way line of 7th Street to the west right-of-way of Broadway; thence north along the west right-of-way line of Broadway to the center line of 6th Street; thence east along the center line of Broadway to the east right-of-way line of 6th Street to the east right-of-way line of Broadway; thence south along the east right-of-way line of Broadway to the north right-of-way line of 7th Street; thence east along the north right-of-way line of 7th Street to the east right-of-way line of Central Street; thence south along the east right-of-way line of Central Street to the north right-of way line of 8th Street; thence east along the north right-of-way line of 8th Street to the center line of Wyandotte Street; thence south along the center line of Wyandotte Street to the point of beginning, all included in and a part of Kansas City, Jackson County, Missouri;

and

Portion of Block 35:

Commencing at a point on the north right-of-way line of 9th Street, exists, said point being 81.33 feet, more or less, west of the west right-of-way line of Washington Street, as it now exists; thence west 40.67 feet, more or less, along the north right-of-way line of 9th Street; thence north along a line 122 feet, more or less, west of and parallel to the west right-of-way line of Washington Street a distance of 100 feet; thence east along a line 100 feet north of and parallel to the north right-of-way line of 9th Street a distance of 40.67 feet, more or less; thence south along a line 81.33 feet, more or less, west of and parallel to the west right-of-way line of Washington Street a distance 100 feet to the point of beginning all now included in and a part of Kansas City, Jackson County, Missouri;

and

Northwest corner of 10th and Central:

Commencing at the intersection of the north right-of-way line of 10th Street, as it now exists, and the west right-of-way line of Central Street, as it now exists; thence west the north right-of-way line of 10th Street to the east line of the north-south alley lying between Central Street and Broadway; thence north along the east line of the north-south alley lying between Central Street and Broadway to the north line of the east-west alley lying between 8th Street and 9th Street; thence east along the north line of the east-west alley lying between 8th Street and 9th Street to the west right-of-way line of Central Street thence south along the west right-of-way line of Central Street to the point of beginning, all included in and a part of Kansas City, Jackson County, Missouri;

and exclusive of:

Savoy Parking Lot Property:

Commencing at the intersection of the south right-of-way line of 9th Street and the west right-of-way line of Central Street; thence south along the west right-of-way line of Central Street to the south lot line of Lot 9, Block 4, ASHBURNS ADDITION; thence west along the south lot line of Lot 9, Block 4, ASHBURNS ADDITION, to the center line of the north-south alley lying between Broadway Boulevard and Central Street; thence north along the north-south alley lying between Broadway Boulevard and Central Street to the south right-of-way line of 9th Street; thence east along the south right-of-way line of 9th Street to the point of beginning, all now included in and a part 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 City Council in Ordinance No. 921355, Ordinance No. 940721, Ordinance No. 951478, Ordinance No. 960295 and Ordinance No. 981334 with respect to the Redevelopment Plan, as amended, are not affected by the Sixth Amendment and apply equally to said Sixth Amendment;

 

(b) The Redevelopment Area qualifies as a Conservation Area as evidenced by the following factors:

 

(1) The Redevelopment Area is an improved area located within the territorial limits of Kansas City, Missouri; and

 

(2) Fifty percent or more of the structures in the Redevelopment Area have an age of thirty-five years or more; and

 

(3) The Redevelopment Area is not yet a blighted area but is detrimental to the public health, safety, morals, or welfare and may become a blighted area because of any one or more of the following factors:

 

a. There are excessive vacancies within the Redevelopment Area and nearly 300,000 square feet of rentable area within the Plan Area is currently vacant and has been so for some time.

 

b. Several streetscapes within the Redevelopment Area, including Seventh Street from Central to Broadway, Bank Street between Seventh and Eighth, May Street between Seventh and Eighth, Central Street between Seventh and Ninth, Washington Street south of Twelfth Street, Broadway south of Twelfth Street and Twelfth Street between Broadway and Washington are suffering from significant deterioration.

 

c. The buildings at 700 Central, 321 West Seventh, 601 Washington, 304 West Tenth Street, and 427 West Twelfth Street for a period of years have been and currently are dilapidated, functionally obsolete and in poor physical condition.

 

(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 16 thereto;

 

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

 

(e) The Redevelopment Area, as amended, and the Sixth 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, as amended, 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 Sixth Amendment on each taxing district at least partially within the boundaries of the Redevelopment Area, as amended, 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 Eleventh Street Corridor 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 Eleventh Street 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.

 

__________________________________________________________________

 

Approved as to form and legality:

 

 

 

_____________________________________

Assistant City Attorney