ORDINANCE NO. 040807

Accepting the recommendations of the Tax Increment Financing Commission as to the Second Amendment to the Barry Towne Tax Increment Financing Plan; approving the Second Amendment to the Barry Towne Tax Increment Financing Plan.

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 June 6, 1996, the City Council passed Committee Substitute for Ordinance No. 960307, which accepted the recommendations of the Commission as to the Barry Towne Tax Increment Financing Plan (Redevelopment Plan) and designated the Redevelopment Area therein to be an economic development area; and

WHEREAS, a first amendment to the Redevelopment Plan entitled the First Amendment to the Barry Towne Tax Increment Financing Plan (the First Amendment) affecting the area described therein (First Amended Redevelopment Area) was proposed to the Commission; and

WHEREAS, said Commission having 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 August 8, 2001, adopted Resolution No. 8-6-01 (Resolution) recommending that the City Council approve the First Amendment and designate the area described therein as a Redevelopment Area under the Act; and

WHEREAS, the Council approved the First Amendment by passage of Ordinance No. 011203 on September 6, 2001; and

WHEREAS, the First Amendment expanded the boundaries of the Redevelopment Area as defined by Committee Substitute for Ordinance No. 960307, added a regional stormwater detention facility improvement, revised the budget and revenue schedule, increased the time for revenue collection from 15 to 23 years, changed proposed land uses in Project Area VI and revised percentage of land use estimates in the Redevelopment Plan; and

WHEREAS, a second amendment to the Redevelopment Plan entitled the Second Amendment to the Barry Towne Tax Increment Financing Plan (the Second Amendment) was proposed to the Commission; and

WHEREAS, said Commission having 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 June 9, 2004, adopted Resolution No. 6-12-04 (Resolution) recommending that the City Council approve the Second Amendment; and

WHEREAS, the Second Amendment changes the land use from multi-family to multi-family, office and retail and adds a detention basin in Project Area VII and makes minor administrative changes; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. The recommendations of the Commission concerning the Second Amendment as set forth in the Resolution attached hereto as Exhibit A are hereby accepted and the Second 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, 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 Committee Substitute for Ordinance No. 960307 and Ordinance No. 011203 with respect to the Redevelopment Plan are not affected by the Second Amendment and apply equally to the Second Amendment;

(b) The Redevelopment Area, as amended, is an economic development 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, and the Second Amendment;

(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 benefitted 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, as amended;

(f) A plan has been developed for relocation assistance for businesses and residences;

(g) A cost benefit analysis showing the impact of the Second 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 Second Amendment 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 Barry Towne 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 Barry Towne Account of the Special Association 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.

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney