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 0o39'53" East, along
the West line of said Southeast Quarter, 30.00 feet; thence South 89o16'30"
East, 190.00 feet; thence North 0o39'53" East, 210.50 feet;
thence South 89o16'30" East, 140.00 feet; thence North 0o39'53"
East, 23.50 feet; thence South 89o16'30" East, 82.50 feet;
thence South 0o39'53" West, 264.00 feet to a point on the South
line of the Southeast Quarter of said Section 2; thence South 89o16'30"
East, along said South line, 82.50 feet; thence North 0o39'53"
East, 528.00 feet; thence North 89o16'30" West, 165.00 feet;
thence North 0o39'53" East, 793.00 feet; thence South 89o16'30"
East, 984.72 feet; thence South 0o34'55" West, 686.00 feet;
thence South 89o16'30" East, 105.00 feet; thence South 0o34'55"
West, 268.00 feet; thence South 89o16'30" East, 218.40 feet;
thence North 0o34'55" East, 218.00 feet; thence South 89o16'30"
East, 72.60 feet; thence South 0o34'55" West, 236.30 feet;
thence North 43o51'10" East, 460.00 feet; thence North 55o51'10"
East, 256.00 feet; thence North 1o38'00" East, 172.00 feet;
thence South 25o35'49" East, 99.57 feet; thence South 78o10'10"
East, 123.10 feet; thence North 78o20'20" East, 226.58 feet to
the East line of the Southeast Quarter of said Section 2; thence North 0o28'03"
East, along said East line, 1698.86 feet to the Southwest corner of the
Northwest Quarter of said Section 1; thence South 89o19'19"
East, along the South line of said Northwest Quarter, 2026.89 feet; thence
North 20o13'16" East, 18.19 feet; thence Northerly, along a
curve to the left, having an initial tangent bearing of North 11o2455
East, with a radius of 1628.40 feet, an arc distance of 791.86 feet; thence
North 16o26'47" 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 90o00'00" West, 1938.00 feet; thence South 70o33'00"
West, 60.00 feet; thence Southerly, along a curve to the right, having an
initial tangent bearing of South 19o27'00" East, a radius of
1170.00 feet, an arc distance of 424.00 feet; thence South 1o18'48"
West, 92.95 feet; thence North 88o41'12" West, 1045.89 feet;
thence South 1o18'48" West, 767.32 feet; thence South 69o56'38"
West, 161.07 feet; thence South 78o56'50" West, 614.25 feet;
thence North 88o41'15" West, 2108.10 feet; thence North 11o43'48"
West, 70.30 feet; thence South 78o16'12" West, 455.33 feet;
thence South 26o36'29" East, 167.80 feet; thence South 63o23'31"
West, 269.54 feet; thence North 26o36'29" West, 192.24 feet;
thence South 60o10'24" West, 956.90 feet; thence South 29o49'36"
East, 231.44 feet; thence South 66o45'36" West, 565.87 feet;
thence North 89o19'10" West, 424.62 feet; thence South 0o40'50"
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 86o08'58" West, a radius of 780.00 feet, an arc
distance of 56.95 feet; thence North 89o40'04" 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 1o02'56" East, along said Easterly
right-of-way line, 114.00 feet; thence South 20o08'51" West,
along said Westerly right-of-way line, 137.79 feet; thence South 28o20'34"
West, along said Easterly right-of-way line, 243.08 feet; thence South 51o24'14"
West, along said Easterly right-of-way line, 485.42 feet; thence South 29o5152
West, along said Westerly right-of-way line, 121.64 feet; thence South 16o38'31"
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 5o10'25" West, a radius of
984.93 feet, an arc distance of 266.48 feet; thence South 20o40'32"
West, along said Easterly right-of-way line, 774.57 feet; thence South 89o21'01"
East, along said Easterly right-of-way line, 300.57 feet; thence South 0o21'20"
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 78o49'19" East, a
radius of 2035.09 feet, an arc distance of 238.86 feet; thence North 77o05'48"
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 85o27'19"
East, a radius of 2110.07 feet, an arc distance of 1063.52 feet; thence South
54o41'24" 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 89o29'10" East, along said South line, 505.77 feet
to the Northwest corner of the Southeast Quarter of said Section 10; thence
South 0o24'25" 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 54o54'10" East, along
said Northerly right-of-way line, 200.00 feet; thence South 32o46'10"
East, along said Northerly right-of-way line, 107.71 feet; thence South 54o54'10"
East, along said Northerly right-of-way line, 700.81 feet; thence South 33o30'00"
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 61o20'38" East, a radius of
1557.90 feet, an arc distance of 751.99 feet; thence South 89o00'00"
East, along said Northerly right-of-way line, 340.78 feet; thence North 89o39'25"
East, along said Northerly right-of-way line, 290.40 feet; thence South 88o42'39"
East, along said Northerly right-of-way line, 400.00 feet; thence North 87o00'00"
East, 601.68 feet; thence South 88o42'39" 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 45o41'42" 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 00o13'34" 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 60o50'42" East, a radius of 2814.93 feet, an arc distance
of 519.10 feet; thence North 49o12'51" East, along said Northerly
right-of-way line, 1026.57 feet; thence North 41o26'08" West,
560.00 feet; thence South 48o33'52" West, 25.00 feet; thence
North 41o26'08" West, 195.00 feet; thence South 48o33'52"
West, 252.00 feet; thence South 41o26'08" East, 195.00 feet;
thence South 48o33'52" West, 26.40 feet; thence North 89o16'30"
West, 155.07 feet; thence North 0o13'34" East, 125.00 feet;
thence North 89o16'30" West, 145.00 feet; thence South 0o13'34"
West, 125.00 feet; thence North 89o16'30" West, 302.00 feet to
a point on the West line of the Northeast Quarter of said Section 11; thence
North 0o13'34" East, along said West line, 525.00 feet; thence
South 89o16'30" East, 145.00 feet; thence North 0o13'34"
East, 290.00 feet, to a point on the North line of said Northeast Quarter;
thence North 89o16'30" 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 0o3339 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 89o2453
East, along the South line of said Bennington Crest, 655.64 feet; thence North
68o1932 East, along said South line, 400.00 feet; thence North 22o2840
West, along the Easterly line of said Bennington Crest, 425.00 feet; thence
North 04o5825 West, along said Easterly line, 553.12 feet; thence
North 35o1220 East, along said Easterly line, 72.27 feet; thence
North 70o0212 West, along the Southerly line of Block 1, said
Bennington Crest, 459.30 feet; thence North 80o2123 West, along
said South line, 394.53 feet; thence North 0o3210 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 85o2430
East, a radius of 2806.79 feet, an arc distance of 945.81 feet; thence South 66o0604
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 10o5248
West, along said Northerly line, 17.00 feet; thence South 62o5137
East, along said Northerly line, 148.27 feet; thence South 01o0945
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 21o3854 West, along said Westerly right-of-way
line, 215.06 feet; thence South 16o3533 East, along said Westerly
right-of-way line, 168.35 feet; thence South 05o2940 West, along
said Westerly right-of-way line, 155.24 feet; thence South 20o2533
West, along said Westerly right-of-way line, 900.00 feet; thence South 27o4045
West, along said Westerly right-of-way line 277.22 feet; thence South 67o3743
West, along said Westerly right-of-way line, 183.98 feet; thence South 20o2533
West, along said Westerly right-of-way line, 82.65 feet; thence North 89o2101
West, 344.00 feet; thence South 0o2820 West, 994.81 feet to its
intersection with said Westerly right-of-way line; thence South 49o2524
West, along said Westerly right-of-way line, 676.24 feet; thence South 69o0925
West, along said Westerly right-of-way line, 333.25 feet; thence South 41o2146
West, along said Westerly right-of-way line, 694.19 feet; thence South 64o0314
West, 29.74 feet to its intersection with the West line of the East one-half of
said Section 9; thence North 0o3339 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 0o4546
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 88o5607 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 66o0353 West, along said
Southerly line, 317.78 feet; thence North 23o5607 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 75o3137 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 22o5845 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 0o4546 East, along said
Westerly right-of-way line, 853.62 feet; thence North 89o1414
West, 340.00 feet; thence North 0o4434 East, 1336.43 feet to a
point on the North line of the Southeast Quarter of said Northeast Quarter;
thence South 89o2836 East, 750.01 feet to a point on the East line
of said Northeast Quarter; thence South 0o4434 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 89o3839
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 89o3839 West, along
said South line, 335.08 feet; thence North 0o2121 East, 975.23
feet to its intersection with the Southerly right-of way line of Missouri Route
No. 210, as now established; thence South 88o4307 East, along said
Southerly right-of-way line, 25.07 feet; thence North 39o5703
East, along said Southerly right-of-way line, 160.07 feet; thence South 88o4239
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 45o3933 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.
______________________________________________________
Approved as to form and legality:
________________________________
Heather
A. Brown
Assistant City Attorney