ORDINANCE NO. 070412

Accepting the recommendations of the Tax Increment Financing Commission as to the Third Amendment to the Parvin Road Corridor Tax Increment Financing Plan; approving the Third Amendment to the Parvin Road Corridor Tax Increment Financing Plan; and designating a Redevelopment Area; repealing Ordinance No. 001590.

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 2, 2000, the City Council passed Ordinance No. 001638 which accepted the recommendations of the Commission as to the Parvin Road Corridor Tax Increment Financing Plan (Redevelopment Plan) and designated the Redevelopment Area therein to be a blighted area; and

WHEREAS, on June 7, 2001, a First Amendment was approved pursuant to Second Committee Substitute for Ordinance No. 010360 which expanded the Redevelopment area to include additional parcels for the improvement and relocation of N. Arlington Avenue; and

WHEREAS, a third amendment to the Parvin Road Corridor Tax Increment Financing Plan (the Third Amendment) was proposed to the Commission; and

  WHEREAS, the Third Amendment removes Project 3C from the TIF Plan; 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 February 14, 2007, adopted Resolution No. 2-11-07 (Resolution) recommending that the City Council approve the Third Amendment; and

WHEREAS, on February 2, 2007, notice was mailed pursuant to Section 99.825, RSMo, and published on January 17 and 18, 2007 and February 7 and 8, 2007, setting forth the proposed changes to the Third Amendment to the Parvin Road Corridor Tax Increment Financing Plan, as presented to the City Council; and

WHEREAS, the Council has accepted and approved the proposed changes to the Third Amendment; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. The recommendation of the Commission concerning the Third Amendment as set forth in the Resolution attached hereto as Exhibit A is hereby accepted and the Third Amendment, a copy of which is attached hereto as Exhibit B as amended in accordance with the notice and entitled Third Amendment to the Parvin Road Corridor Tax Increment Financing Plan, As Amended, is hereby approved and adopted as valid and the Redevelopment Project contained therein is hereby authorized.

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 area, as amended, selected for redevelopment is legally described as:

All that part of Sections 1, 2, 3, 9 and 10 and 11, Township 50, Range 32 and all that part of Sections 34, 35 and 36, Township 51, Range 32, including all or part of Lindeman Addition, Phister Place, Hiltons Addition, Great Midwest Industrial Park District 2 all being in Kansas City, Clay County, Missouri, being described as follows: Beginning at the Southwest corner of the Southeast Quarter of said Section 2; thence North 0^o39'53" East, along the West line of said Southeast Quarter, 30.00 feet; thence South 89^o16'30" East, 190.00 feet; thence North 0^o39'53" East, 210.50 feet; thence South 89^o16'30" East, 140.00 feet; thence North 0^o39'53" East, 23.50 feet; thence South 89^o16'30" East, 82.50 feet; thence South 0^o39'53" West, 264.00 feet to a point on the South line of the Southeast Quarter of said Section 2; thence South 89^o16'30" East, along said South line, 82.50 feet; thence North 0^o39'53" East, 528.00 feet; thence North 89^o16'30" West, 165.00 feet; thence North 0^o39'53" East, 793.00 feet; thence South 89^o16'30" East, 984.72 feet; thence South 0^o34'55" West, 686.00 feet; thence South 89^o16'30" East, 105.00 feet; thence South 0^o34'55" West, 268.00 feet; thence South 89^o16'30" East, 218.40 feet; thence North 0^o34'55" East, 218.00 feet; thence South 89^o16'30" East, 72.60 feet; thence South 0^o34'55" West, 236.30 feet; thence North 43^o51'10" East, 460.00 feet; thence North 55^o51'10" East, 256.00 feet; thence North 1^o38'00" East, 172.00 feet; thence South 25^o35'49" East, 99.57 feet; thence South 78^o10'10" East, 123.10 feet; thence North 78^o20'20" East, 226.58 feet to the East line of the Southeast Quarter of said Section 2; thence North 0^o28'03" East, along said East line, 1698.86 feet to the Southwest corner of the Northwest Quarter of said Section 1; thence South 89^o19'19" East, along the South line of said Northwest Quarter, 2026.89 feet; thence North 20^o13'16" East, 18.19 feet; thence Northerly, along a curve to the left, having an initial tangent bearing of North 11^o2455 East, with a radius of 1628.40 feet, an arc distance of 791.86 feet; thence North 16^o26'47" West, 544.12 feet; thence Northerly, along a curve to the right, tangent to the last described course, having a radius of 4429.07 feet, an arc distance of 351.84 feet; thence Northerly and Northwesterly, along a curve to the left, having a common tangent with the last described course, a radius of 741.04 feet, an arc distance of 197.42 feet; thence South 90^o00'00" West, 1938.00 feet; thence South 70^o33'00" West, 60.00 feet; thence Southerly, along a curve to the right, having an initial tangent bearing of South 19^o27'00" East, a radius of 1170.00 feet, an arc distance of 424.00 feet; thence South 1^o18'48" West, 92.95 feet; thence North 88^o41'12" West, 1045.89 feet; thence South 1^o18'48" West, 767.32 feet; thence South 69^o56'38" West, 161.07 feet; thence South 78^o56'50" West, 614.25 feet; thence North 88^o41'15" West, 2108.10 feet; thence North 11^o43'48" West, 70.30 feet; thence South 78^o16'12" West, 455.33 feet; thence South 26^o36'29" East, 167.80 feet; thence South 63^o23'31" West, 269.54 feet; thence North 26^o36'29" West, 192.24 feet; thence South 60^o10'24" West, 956.90 feet; thence South 29^o49'36" East, 231.44 feet; thence South 66^o45'36" West, 565.87 feet; thence North 89^o19'10" West, 424.62 feet; thence South 0^o40'50" West, 1072.30 feet to a point on the Northerly right-of-way line of Northeast Parvin Road, as now established; thence Westerly, along said Northerly right-of-way line, on a curve to the right, having an initial tangent bearing of South 86^o08'58" West, a radius of 780.00 feet, an arc distance of 56.95 feet; thence North 89^o40'04" West, 3082.35 feet; thence Westerly, along a curve to the left, tangent to the last described course, having a radius of 1145.00 feet, an arc distance of 47.94 feet to a point on the Easterly right-of-way line of Interstate Route 435, as now established; thence South 1^o02'56" East, along said Easterly right-of-way line, 114.00 feet; thence South 20^o08'51" West, along said Westerly right-of-way line, 137.79 feet; thence South 28^o20'34" West, along said Easterly right-of-way line, 243.08 feet; thence South 51^o24'14" West, along said Easterly right-of-way line, 485.42 feet; thence South 29^o5152 West, along said Westerly right-of-way line, 121.64 feet; thence South 16^o38'31" West, along said Easterly right-of-way line, 374.02 feet; thence Southerly along said Easterly right-of-way line, on a curve to the right, having an initial tangent bearing of South 5^o10'25" West, a radius of 984.93 feet, an arc distance of 266.48 feet; thence South 20^o40'32" West, along said Easterly right-of-way line, 774.57 feet; thence South 89^o21'01" East, along said Easterly right-of-way line, 300.57 feet; thence South 0^o21'20" West, along said Easterly right-of-way line, 709.17 feet to a point the Northerly right-of-way line of Missouri Route 210, as now established; thence Easterly, along said Northerly right-of-way line, on a curve to the right, having an initial tangent bearing of North 78^o49'19" East, a radius of 2035.09 feet, an arc distance of 238.86 feet; thence North 77^o05'48" East, 333.60 feet; thence Southeasterly, along said North right-of-way line, on a curve to the right, having an initial tangent bearing of South 85^o27'19" East, a radius of 2110.07 feet, an arc distance of 1063.52 feet; thence South 54^o41'24" East, along said Northerly right-of-way line 656.81 feet to a point on the South line of the Northwest Quarter of said Section 10; thence South 89^o29'10" East, along said South line, 505.77 feet to the Northwest corner of the Southeast Quarter of said Section 10; thence South 0^o24'25" West, along the West line of said Southeast Quarter, 292.62 feet to a point on the aforementioned Northerly right-of-way line of Missouri Route 210; thence South 54^o54'10" East, along said Northerly right-of-way line, 200.00 feet; thence South 32^o46'10" East, along said Northerly right-of-way line, 107.71 feet; thence South 54^o54'10" East, along said Northerly right-of-way line, 700.81 feet; thence South 33^o30'00" East, along said Northerly right-of-way line 250.00 feet; thence Easterly, along said Northerly right-of-way line, on a curve to the left, having an initial tangent bearing of South 61^o20'38" East, a radius of 1557.90 feet, an arc distance of 751.99 feet; thence South 89^o00'00" East, along said Northerly right-of-way line, 340.78 feet; thence North 89^o39'25" East, along said Northerly right-of-way line, 290.40 feet; thence South 88^o42'39" East, along said Northerly right-of-way line, 400.00 feet; thence North 87^o00'00" East, 601.68 feet; thence South 88^o42'39" East, along said Northerly right-of-way line, 583.62 feet to a point on the Northwesterly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence North 45^o41'42" East, along said Northwesterly right-of-way line, 1890.32 feet to a point on the West line of the Northeast Quarter of said Section 11; thence North 00^o13'34" East, along said West line, 551.75 feet to a point on the Northerly right-of-way line of the Burlington Northern Railroad; thence Northeasterly, along said Northerly right-of-way line, on a curve to the left, having an initial tangent bearing of North 60^o50'42" East, a radius of 2814.93 feet, an arc distance of 519.10 feet; thence North 49^o12'51" East, along said Northerly right-of-way line, 1026.57 feet; thence North 41^o26'08" West, 560.00 feet; thence South 48^o33'52" West, 25.00 feet; thence North 41^o26'08" West, 195.00 feet; thence South 48^o33'52" West, 252.00 feet; thence South 41^o26'08" East, 195.00 feet; thence South 48^o33'52" West, 26.40 feet; thence North 89^o16'30" West, 155.07 feet; thence North 0^o13'34" East, 125.00 feet; thence North 89^o16'30" West, 145.00 feet; thence South 0^o13'34" West, 125.00 feet; thence North 89^o16'30" West, 302.00 feet to a point on the West line of the Northeast Quarter of said Section 11; thence North 0^o13'34" East, along said West line, 525.00 feet; thence South 89^o16'30" East, 145.00 feet; thence North 0^o13'34" East, 290.00 feet, to a point on the North line of said Northeast Quarter; thence North 89^o16'30" West, along said North line, 145.00 feet to the Point of Beginning. Containing 1148.95 acres, more or less. Except that part conveyed by Document Number E 66951, in Book 1523 at Page 75 and except that part condemned by Wabash Railroad Company in Case Number 27694 in the Circuit Court of Clay County, Missouri, a certified copy of the Commissioners Report being filed as Document B-45434 and of Record in Book 720 at Page 224 in said Recorders Office. And all that part of the Southeast Quarter of Section 4, the Northeast Quarter and the Southeast Quarter of Section 9, Township 50, Range 32, Kansas City, Clay County, Missouri, being described as follows: Commencing at the Northwest corner of the Northeast Quarter of said Section 9; thence South 0^o3339 West, along the West line of said Northeast Quarter, 237.92 feet to the Southwest corner of Bennington Crest, a subdivision of land in Kansas City, Clay County, Missouri, said point being the True Point of Beginning of the tract to be herein described; thence South 89^o2453 East, along the South line of said Bennington Crest, 655.64 feet; thence North 68^o1932 East, along said South line, 400.00 feet; thence North 22^o2840 West, along the Easterly line of said Bennington Crest, 425.00 feet; thence North 04^o5825 West, along said Easterly line, 553.12 feet; thence North 35^o1220 East, along said Easterly line, 72.27 feet; thence North 70^o0212 West, along the Southerly line of Block 1, said Bennington Crest, 459.30 feet; thence North 80^o2123 West, along said South line, 394.53 feet; thence North 0^o3210 East, 395.22 feet; thence Easterly, along the Southerly right-of-way line of Parvin Road, on a curve to the right, having an initial tangent bearing of South 85^o2430 East, a radius of 2806.79 feet, an arc distance of 945.81 feet; thence South 66^o0604 East, along said Southerly right-of-way line, 1006.31 feet; thence Easterly, along said Southerly right-of-way line and the Northerly line of Waffle House at Parvin Road, a subdivision of land in Kansas City, Clay County, Missouri, on a curve to the left, tangent to the last described course, having a radius of 1490.40 feet, an arc distance of 338.66 feet; thence South 10^o5248 West, along said Northerly line, 17.00 feet; thence South 62^o5137 East, along said Northerly line, 148.27 feet; thence South 01^o0945 West, along the Westerly right-of-way line of Interstate Route 435, as now established, and the Easterly line of said Waffle House at Parvin Road, 276.59 feet; thence South 21^o3854 West, along said Westerly right-of-way line, 215.06 feet; thence South 16^o3533 East, along said Westerly right-of-way line, 168.35 feet; thence South 05^o2940 West, along said Westerly right-of-way line, 155.24 feet; thence South 20^o2533 West, along said Westerly right-of-way line, 900.00 feet; thence South 27^o4045 West, along said Westerly right-of-way line 277.22 feet; thence South 67^o3743 West, along said Westerly right-of-way line, 183.98 feet; thence South 20^o2533 West, along said Westerly right-of-way line, 82.65 feet; thence North 89^o2101 West, 344.00 feet; thence South 0^o2820 West, 994.81 feet to its intersection with said Westerly right-of-way line; thence South 49^o2524 West, along said Westerly right-of-way line, 676.24 feet; thence South 69^o0925 West, along said Westerly right-of-way line, 333.25 feet; thence South 41^o2146 West, along said Westerly right-of-way line, 694.19 feet; thence South 64^o0314 West, 29.74 feet to its intersection with the West line of the East one-half of said Section 9; thence North 0^o3339 East, along said West line, 3174.88 feet to the True Point of Beginning. Containing 143.41 acres, more or less. And all that part of the Northeast Quarter and all that part of the Southeast Quarter of Section 4, Township 50, Range 32, Kansas City, Clay County, Missouri, being described as follows: Beginning at the Northeast corner of the Southeast Quarter of said Section 4; thence South 0^o4546 West, along the East line of Great Midwest Commerce Center-District 1, a subdivision of land in Kansas City, Clay County, Missouri, 1806.17 feet to the Southeast corner thereof; thence South 88^o5607 West, along the Southerly line of said Great Midwest Commerce Center-District 1, 103.78 feet; thence Northwesterly, along said Southerly line, on a curve to the right, tangent to the last described course, having a radius of 1432.40 feet, an arc distance of 625.00 feet; thence North 66^o0353 West, along said Southerly line, 317.78 feet; thence North 23^o5607 East, along the Westerly line of Lot 3, said Great Midwest Commerce Center-District 1 and its Southerly prolongation, 408.00 feet to the Northwest corner thereof; thence South 75^o3137 East, along the Northerly line of said Lot 3, 298.18 feet to its intersection with the Westerly right-of-way line of N. Corrington Avenue, as now established; thence North 22^o5845 East, along said Westerly right-of-way line, 342.19 feet; thence Northerly, along a curve to the left, tangent to the last described course, having a radius of 210.00 feet, an arc distance of 81.43 feet; thence North 0^o4546 East, along said Westerly right-of-way line, 853.62 feet; thence North 89^o1414 West, 340.00 feet; thence North 0^o4434 East, 1336.43 feet to a point on the North line of the Southeast Quarter of said Northeast Quarter; thence South 89^o2836 East, 750.01 feet to a point on the East line of said Northeast Quarter; thence South 0^o4434 West, along said East line, 1324.18 feet to the Point of Beginning. Containing 46.09 acres, more or less. Except that portion on the East and South being used for road right-of-way. And all that part of Section 10 and 11, Township 50, Range 32, Kansas City, Clay County, Missouri, lying above the Winterset Ledge of limestone rock, being described as follows: Commencing at the Southeast corner of the Southeast Quarter of said Section 10; thence North 89^o3839 West, along the South line of said Southeast Quarter, 107.05 feet to a point on the Northwesterly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad, said point being the True Point of Beginning of the tract to be herein described; thence continuing North 89^o3839 West, along said South line, 335.08 feet; thence North 0^o2121 East, 975.23 feet to its intersection with the Southerly right-of way line of Missouri Route No. 210, as now established; thence South 88^o4307 East, along said Southerly right-of-way line, 25.07 feet; thence North 39^o5703 East, along said Southerly right-of-way line, 160.07 feet; thence South 88^o4239 East, along said Southerly right-of-way line, 1296.68 feet to its intersection with the Northwesterly line of the aforementioned Chicago, Milwaukee, St. Paul and Pacific Railroad; thence South 45^o3933 West, along said Northerly right-of-way line, 1531.31 feet to the True Point of Beginning. Containing 21.90 acres, more or less.

Section 4. 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. 001638 and 010360 with respect to the Redevelopment Plan are not affected by the Third Amendment and apply equally to the Third Amendment, as amended;

(b) The Redevelopment Area described in the Redevelopment Plan is an economic development area and the following factors are hereby found to exist within the Redevelopment Area, to-wit:

(i) Lack of major roadways within the Redevelopment Area; and

(ii) Rugged topography (steep slopes, valleys, cliffs, etc.) which will increase the cost of adequate public infrastructure.

(c) The Redevelopment Area 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 by the Redeveloper in an affidavit included in the Redevelopment Plan.

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

(e) 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;

(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, as amended;

(g) The Redevelopment Plan includes a plan for relocation assistance for businesses and residences;

(h) A cost benefit analysis showing the impact of the Third Amendment, as amended, on each taxing district which is at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;

(i) The Third Amendment, 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 Parvin Road Corridor 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 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 Parvin Road Corridor 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.

Section 7. That Ordinance No. 001590 is hereby repealed.

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney