COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 050104
Accepting the recommendations of
the Tax Increment Financing Commission as to the North Oak Tax Increment
Financing Plan; approving the North Oak Tax Increment Financing Plan; and
designating a 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, the
North Oak Tax Increment Financing Plan (the Redevelopment Plan) was proposed
to the Commission; and
WHEREAS, the
Redevelopment Plan is a comprehensive program intended to reduce or eliminate
blight and enhance the tax base within the Redevelopment Area through the
implementation of 2 separate Redevelopment Projects and the adoption of tax
increment financing for each of the areas selected for such Redevelopment
Projects; 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 with
respect to the Redevelopment Plan, closed said public hearing on January 12,
2005, adopted its Resolution No. 01-27-05 (the Resolution) recommending to the
City Council the approval of the Plan (the "Redevelopment Plan"); and
WHEREAS, after the
closing of the hearing by the Commission, changes have been made to the
Redevelopment Plan which do not alter the boundary, the budget or the land uses
as approved by the Tax Increment Financing Commission at its January 12, 2005
meeting, but (1) make minor textual changes and add a section that authorizes
the allocation of certain revenues for Project Area 1 as provided for in the
Development Agreement between the City and Cerner Properties Inc. approved by
Ordinance No. 041332. and (2) add a provision to the Redevelopment Plan to make
it consistent with the Development Agreement dated December 30, 2004, between
the City and Cerner Properties Inc. approved by Ordinance No. 041332; and
WHEREAS, notice requirements
of Sections 99.825 and 99.830, RSMo, for these revisions have been met; NOW,
THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. The
recommendation of the Commission concerning the Redevelopment Plan as set forth
in the Resolution attached hereto as Exhibit "A", is hereby accepted
and the Redevelopment Plan, including the revisions made by the Council, a copy
of which is attached hereto as Exhibit "B", is hereby approved and
adopted.
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 (the
"Act").
Section 3. The
following described area is hereby designated a Redevelopment Area:
All that part of the
East Half of the West Half of Section 11, and the West Half of the East Half of
Section 11, and the East Half of the Southwest Quarter of Section 2, and the
West Half of the
Southeast Quarter of Section 2, all in Township 50 North, Range 33 West, in the
City of Kansas City, Clay County, Missouri, described as follows:
Beginning at the
northeast lot corner of Lot 9, BRAECKLEINS SUBDIVISION, a subdivision of land
in said West Half of the Southeast Quarter of Section 11; thence on an assumed
bearing of South, along the east lot lines of Lot 8 and Lot 9, said BRAECKLEINS
SUBDIVISION, also being the west right-of-way line of North Cherry Street, 397
feet to a point of curvature; thence Southwesterly, continuing along said east
lot line of Lot 8 on a curve to the right being tangent to the last described
course, and having an arc length of 109 feet; thence Southwesterly, continuing
along said east lot line of said Lot 8, a distance of 126 feet to a point of
curvature; thence Southwesterly, continuing along said east lot line of said
Lot 8 and the east lot line of Lot 7, said BRAECKLEINS SUBDIVISION, on a curve
to the left being tangent to the last described course, having an arc length of
124 feet; thence South, continuing along said east lot line of Lot 7,
BRAECKLEINS SUBDIVISION, and being the west right-of-way line of North Cherry
Street, 156 feet to a point of curvature; thence Southeasterly, along said east
lot line of said Lot 7 on a curve to the left being tangent to the last
described course, having an arc length of 264 feet; thence Southeasterly,
continuing along said east lot line of Lot 7 and the east lot line of Lot 6,
said BRAECKLINS SUBDIVISION, 351 feet to a point of curvature; thence
Southeasterly, continuing along said east lot line of Lot 6, on a curve to the
right, having an arc length of 83 feet to the southeast corner of said Lot 6;
thence West, along the south lot line of said Lot 6, also being the north line
of Riverview Greenway, 191 feet to an intermediate lot corner of said Lot 6;
thence Northwesterly, continuing along said south lot line, 616.13 feet to the
southwest corner of said Lot 6 and being a point on the east right-of-way line
of North Oak Trafficway; thence Northwesterly 283 feet to a point on the west
right-of-way line of North Oak Trafficway; thence West, continuing along said
west right-of-way line, 15 feet; thence North, continuing along said west
right-of-way line, 603 feet; thence West, continuing along said west
right-of-way line, 20 feet; thence North, continuing along said west
right-of-way line, 449 feet; thence East, continuing along said west
right-of-way line, 45 feet;
thence North, along
said west right-of-way line, 347 feet; thence East, continuing along said west
right-of-way line, 20 feet; thence North, continuing along said west
right-of-way line, 98 feet; thence North 273.5 feet to a point on said west
right-of-way line and being a point on the east lot line of Lot 1, EVANS HILLS,
a subdivision of land in the Southeast Quarter of the Northwest Quarter of said
Section 11; thence North, along the east lot lines of Lot 1 thru Lot 4, said
EVANS HILLS, 280.80 feet; thence East, continuing along said east lot line of
Lot 4, a distance of 5 feet; thence North, along the east lot lines of Lot 4
thru Lot 8, said EVANS HILLS, and the east lot line of Lot 49, said EVANS
HILLS, 301.05 feet; thence West, continuing along said east lot line of Lot 49,
a distance of 25 feet; thence North, along the east lot lines of Lot 49 thru
Lot 52, said EVANS HILLS, 413 feet to the northeast lot corner of said Lot 52;
thence Northeasterly 36.76 feet to the southeast corner of Indianola Park;
thence North, along said west right-of-way line and being the east line of said
Indianola Park, 250.71 feet; thence east, continuing along said east line of
Indianola Park, 10 feet; thence North, along said east line of Indianola Park
extended to the east lot lines of Lot 1, and Lot 7 thru Lot 9, INDIANOLA, a
subdivision of land in the Northeast Quarter of the Northwest Quarter of said Section
11, a distance of 533.25 feet; thence West, along the south line of CHEZIK
ADDITION REPLAT Lot 1, subdivision of land in the Northeast Quarter of the
Northwest Quarter, said Section 11, a distance of 452 feet to the southwest
corner of said CHEZIK ADDITION REPLAT Lot 1; thence North, along the west line
of said CHEZIK ADDITION REPLAT Lot 1, a distance of 163.97 feet to a point on
the south lot line of lot 4, SMITH HILLS, a subdivision of land in the
Northeast Quarter of the Northwest Quarter, said Section 11; thence East, along
said south lot line of Lot 4, SMITH HILLS, and also being said west line of
CHEZIK ADITION REPLAT Lot 1, a distance of 22.58 feet to the southeast corner
of said Lot 4, SMITH HILLS; thence North, continuing along said west line of
CHEZIK ADDITION REPLAT Lot 1 and the west line of CHEZIK ADDITION REPLAT Part
of Lot 2, a subdivision of land in the Northeast Quarter of the Northwest
Quarter of said Section 11, a distance of 327.88 feet to the northeast lot
corner of Lot 1, said SMITH HILLS; thence East continuing along said west line
of said CHEZIK ADDITION REPLAT Part of Lot 2, a distance of 179.31 feet; thence
North, continuing along said west line of CHEZIK ADDITION REPLAT Part of Lot 2,
a distance of 100 feet; thence West, continuing along said west line of CHEZIK
ADDITION REPLAT Part of Lot 2, a distance of 29 feet; thence North, continuing
along said west line of CHEZIK ADDITION REPLAT Part of Lot 2 and the west line
of Part of Lot 6, COMMISSIONERS PLAT OF J. C. EVANS LANDS, a subdivision of
land in the Southeast Quarter of the Southwest Quarter of said Section 2, a
distance of 252.96 feet to a point on the south right-of-way line of Northeast
Evansdale Road; thence Southeasterly along said south right-of-way line of
Northeast Evansdale Road 43.39 feet to a point of curvature; thence
Southeasterly, continuing along said south right-of-way line of Northeast
Evansdale Road on a curve to the left being tangent to the last described
course, having a radius of 525 feet, and an arc length of 75.37 feet; thence
East, continuing along said south right-of-way line of Northeast Evansdale
Road, 51 feet; thence North, along an extension of the west lot line of Lot 18,
Block 5, RESURVEY OF NORTHCREST, a subdivision of land in the Southeast Quarter
of the Southwest Quarter of said Section 2, a distance of 195 feet to the
northwest corner of said Lot 18, Block 5; thence northwesterly, along the north
lot lines of Lot 15, Lot 16, and Lot 17, Block 5, said RESURVEY OF NORTHCREST,
125 feet; thence Northeasterly, along an extension of the west lot line of Lot
2, Block 5, said RESURVEY OF NORTHCREST, 193 feet to a point on the north
right-of-way line of Northeast Northcrest Drive and also being the south lot
line of Lot 16, Block 2, said RESURVEY OF NORTHCREST; thence Southeasterly
along said south lot line of Lot 16, Block 2, along a curve to the left, having
an arc length of 27.50 feet to the southwest lot corner of Lot 17, Block 2,
said RESURVEY OF NORTHCREST; thence Northeasterly, along the west lot line of
said Lot 17, Block 2, a distance of 158.31 feet to the northwest lot corner of
said Lot 17, Block 2; thence Northwesterly, along the north lot lines of Lot 14
thru Lot 16, Block 2, said RESURVEY OF NORTHCREST, 154.44 feet; thence
Northwesterly, along the north lot lines of Lot 11 thru Lot 14, Block 2, said
RESURVEY OF NORTHCREST, 225 feet to the southeast lot corner of Lot 7, Block 2,
said RESURVEY OF NORTHCREST; thence North, along the east lot line of said Lot
7, Block 2, a distance of 190 feet to the south right-of-way line of Briarcliff
Road; thence East, along said south right-of-way line of Briarcliff Road, 249
feet; thence North, along a southerly extension of the east right-of-way line
of North McGee Street, 404.90 feet to the north right-of-way line of said North
McGee Street; thence West, along said north right-of-way line of McGee Street,
15 feet; thence North, along a northerly extension of the west lot line of Lot
1, DUNDEE PLAZA, a subdivision of land in the Northeast Quarter of the Southwest
Quarter of said Section 2, a distance of 295 feet to the centerline of
Northeast 43RD Street; thence East, along said centerline of
Northeast 43RD Street, 240 feet to a point on said east right-of-way
line of North Oak Trafficway; thence South, along a southerly extension of said
east right-of-way line of North Oak Trafficway, 72 feet to the centerline of
North 43Rd Street; thence East, along said centerline of North 43RD
Street, 230 feet; thence South, along the southerly extension of the east line
of the West 230 feet of Lot 97 and the West 230 feet of Lot 124, GREENFIELD, a
subdivision of land in the Northwest Quarter of the Southeast Quarter of said
Section 2, and the east line of the West 230 feet of vacated Northeast 42ND
Terrace, 534 feet to a point on the south right-of-way line of North 42ND
Street and being the north lot line of Lot 3, said COMMISSIONERS PLAT OF J.C.
EVANS LANDS, in the Southwest Quarter of the Southeast Quarter of said Section
2; thence East, along said North lot line of Lot 3, COMMISSIONERS PLAT OF J.C.
EVANS LANDS, 34 feet; thence South, along the east lot line of said Lot 3,
COMMISSIONERS PLAT OF J.C. EVANS LANDS, 630 feet to a point on the north lot
line of Lot 4, SUNNY SLOPE, a subdivision of land in the Southwest Quarter of
the Southeast Quarter of said Section 2; thence West, along the north lot lines
of Lot 3 and Lot 4, said SUNNY SLOPE, 93 feet to the northeast lot corner of
Lot 2, said SUNNY SLOPE; thence South, along the east lot line of said Lot 2,
SUNNY SLOPE, 141.55 feet to a point on the north right-of-way line of North 41ST
Street and also being the southeast corner of said Lot 2, SUNNY SLOPE; thence
East, along said north right-of-way line of North 41ST Street and
also being the south lot line of Lot 3, said SUNNY SLOPE, 15 feet; thence South
50 feet to the south right-of-way line of said North 41ST Street and
also being the north lot line of Lot 15, said SUNNY SLOPE; thence East, along
said north lot line of Lot 15, SUNNY SLOPE, 89.50 feet to a point on the west
line of the East 60 feet of said Lot 15, SUNNY SLOPE; thence South, along the
west line of the East 60 feet of Lot 15 and Lot 16, said SUNNY SLOPE, 141.54
feet to a point on the south lot line of said Lot 16, SUNNY SLOPE; thence East,
along the south lot lines of Lots 12 thru 14, and Lot 16, said SUNNY SLOPE,
246.81 feet to a point being 43.69 feet West of the southeast lot corner of
said Lot 12, SUNNY SLOPE; thence South, along a line 203.69 feet West of, and
parallel with, the west line of Lot 47 and Lot 62, said SUNNY SLOPE, 180.43
feet; thence West 191.94 feet to a point on the east right-of-way line of North
Cherry Street; thence Southwesterly 70 feet to a point on the west right-of-way
line of said North Cherry Street, as measured perpendicular to said North
Cherry Street right-of-way lines, said point also being on the east lot line of
Lot 7, said COMMISSIONERS PLAT OF J.C. EVANS LANDS; thence Southeasterly, along
the east lot lines of Lot 7 and Lot 11, said COMMISSIONERS PLAT OF J.C. EVANS
LANDS, 465.87 feet to a point of curvature; thence Southeasterly, along said
east lot line of Lot 11, COMMISSIONERS PLAT OF J.C. EVANS LANDS, on a curve to
the right being tangent to the last described course, having an arc length of
44.35 feet to the northeast lot corner of Lot 11, CHERRY CREEK ADDITION, a
subdivision of land in the Northwest Quarter of the Northeast Quarter of said
Section 11; thence Southwesterly, along the north lot line of said Lot 11,
CHERRY CREEK ADDITION, 248.67 feet; thence Southeasterly, along the west lot
lines of Lot 9 thru Lot 11, said CHERRY CREEK ADDITION, 85 feet to the
northeast corner of Lot 11, Block G, said COMMISSIONERS PLAT OF J.C. EVANS
LANDS; thence South, along the east lot lines of Lot 11, Block G, and Lot 15,
Block G, said COMMISSIONERS PLAT OF J.C. EVANS LANDS, 400.40 feet; thence
Southwesterly, along said east lot line of Lot 15, COMMISSIONERS PLAT OF J.C.
EVANS LANDS, 176.04 feet to the southwest lot corner of Lot 1, said CHERRY
CREEK ADDITION; thence West, continuing along said east lot line of Lot 15,
COMMISSIONERS PLAT OF J.C. EVANS LANDS, 46.56 feet; thence South, continuing
along said east lot line of Lot 15, and Lot 21, said COMMISSIONERS PLAT OF J.C.
EVANS LANDS, a distance of 1,523.24 feet to a point on the north lot line of
Lot 10, said BRAECKLEINS SUBDIVISION; thence East, along the north lot line of
said Lot 10, BRAECKLEINS SUBDIVISION, 290 feet to a point on said west
right-of-way line of North Cherry Street and being the northeast lot corner of
said Lot 10, BRAECKLEINS SUBDIVISION; thence South, along the east lot line of
said Lot 10, BRAECKLEINS SUBDIVISION, 449 feet to the point of beginning.
Containing 84 acres, more or less.
Section 4. In
accordance with the recommendations of the Commission as set forth in the
Resolution, the City Council hereby finds that:
(a) The Redevelopment Area as a whole is a blighted area,
evidenced by defective or inadequate street layout; unsanitary or unsafe
conditions including trash, broken building materials and debris; deterioration
of site improvements (pavement, parking areas, landscaping improvements, vacant
parcel and structures); existence of conditions that endanger life or property
by fire or other causes (including large tracts of vacant land and large poorly
maintained buildings); and declining property values.
(b) 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;
(c) The Redevelopment Plan conforms to FOCUS and
Briarcliff-Davidson-Antioch Land Use Plan, together, 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 thereon 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, 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
Redevelopment Plan on each taxing district at least partially within the
boundaries of the Redevelopment Area has been prepared in accordance with the
Act; and
(h) The Redevelopment Plan does not include the initial
development or redevelopment of any gambling establishment.
Section 5. The
City and/or the Commission is authorized to issue obligations in one or more
series of bonds secured by the North Oak Tax Increment Financing Plan 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 City and/or 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 generated from Redevelopment Projects that are
deposited into the North Oak Tax Increment Financing Plan 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