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Legislation #: 051325 Introduction Date: 10/27/2005
Type: Ordinance Effective Date: none
Sponsor: None
Title: 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.

Legislation History
DateMinutesDescription
10/26/2005 Filed by the Clerk's office
10/27/2005 Referred to Planning, Zoning & Economic Development Committee
11/2/2005 Hold On Agenda (11/9/2005)
11/9/2005 Advance and Do Pass, Debate
11/10/2005 Held on Docket (11/17/2005)
11/17/2005 Passed

View Attachments
FileTypeSizeDescription
051325.pdf Authenticated 249K Authenticated
051325 Handout.pdf Other 309K Handout passed out in committee
00054704.DOC Fact Sheet 68K fact sheet
Brush Creek TIF Plan 6th Amendment Request for Ordinance (00054695).DOC Other 24K ordinance request
Brush Creek Corridor TIF Plan Sixth Amendment (00054670).DOC Other 96K amendment

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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