ORDINANCE NO. 030545

Amending Ordinance No. 021283 by repealing Section 3 thereof and enacting in its place a new section, revising the legal description for the Shoal Creek Tax Increment Financing Plan.

WHEREAS, the Council 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 November 10, 1994, the Council passed Ordinance No. 941443, which accepted the recommendations of the Commission as to the Shoal Creek Tax Increment Financing Plan (the Redevelopment Plan), approved the Redevelopment Plan, found the Redevelopment Area to be an economic development area; designated the Redevelopment Area as a Redevelopment Area pursuant to the Act; approved an agreement with the Commission; and authorized the Commission to take all such action as may be needed to effectuate the Redevelopment Plan; and

WHEREAS, an amendment to the Redevelopment Plan entitled The First Amendment to the Shoal Creek Tax Increment Financing Plan (First Amendment) affecting the area described therein was proposed to the Commission; 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, closed said public hearing on August 13, 1997 and on August 13, 1997, adopted Resolution No. 8-5-97 (Resolution) recommending that the Council approve the First Amendment and designate the area described therein as a Redevelopment Area under the Act; and

WHEREAS, the First Amendment expanded expand the boundaries of the Redevelopment Area and provided for the use of tax increment financing revenues to assist in financing construction of certain portions of Shoal Creek Parkway and side walks, street lights and appurtenances; and

WHEREAS, a Second Amendment to the Redevelopment Plan (the Second Amendment) was proposed to the Commission; and

WHEREAS, the Commission having been duly constituted and its members appointed, and after public notice was given, met in public hearing on October 9, 2002; and

WHEREAS, after hearing the comments of all interested parties and taxing jurisdictions closed the public hearing and adopted Resolution No. 10-9-02, recommending that the Council approve the Second Amendment; and

WHEREAS, on October 31, 2002, the Council passed Ordinance No. 021283, approving the Second Amendment and designating an expanded redevelopment area, the legal description of which requires revision; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Ordinance No. 021283 is hereby amended by repealing Section 3 and enacting a new Section 3 in its place to read as follows:

Section 3. The area selected for the Shoal Creek Tax Increment Financing Plan, legally described as follows:

Beginning at the intersection of the center line of N.E. 96th Street and the northerly extension of the east line of Shoal Creek Park, said point also being located on the north section line of Section 4, Township 51, Range 32; thence east along the north section line of Section 4, Township 51, Range 32 to the intersection with the east quarter section line of the Northwest Quarter of Section 3, Township 51, Range 32; thence south along the east quarter section line of the Northwest Quarter of Section 3, Township 51, Range 32 to the north quarter section line of the Northwest Quarter of the Southeast Quarter of Section 3, Township 51, Range 32; thence east along the north quarter section line of the Northwest Quarter of the Southeast Quarter of Section 3, Township 51, Range 32 to the east quarter section line of the Northwest Quarter of the Southeast Quarter of Section 3, Township 51, Range 32; thence south along the east quarter section line of the Northwest Quarter and the Southwest Quarter of the Southeast Quarter of Section 3, Township 51, Range 32 to the north section line of Section 10, Township 51, Range 32; thence east along the north section line of Section 10, Township 51, Range 32 and Section 11, Township 51, Range 32 to the center line of N.E. Flintlock Road, said point located on the east quarter section line of the Northeast Quarter of the Northwest Quarter of Section 11, Township 51, Range 32; thence south along the center line of N.E. Flintlock Road to a point 1290 feet, more or less, north of the southwest corner of the Northeast Quarter of Section 11, Township 51, Range 32; thence North 89 degrees 06 minutes 22 seconds East, 2591.44 feet to a point on the west line of the Northeast Quarter of Section 11, Township 51, Range 32, said line being the Kansas City-Liberty city limits line; thence south and southwesterly along the Kansas City-Liberty city limits line to the center line of Missouri Route 152; thence southwesterly along the eastern city limits of Kansas City, Missouri a distance 3,400 feet, more or less; thence north 61 degrees west a distance of 1,804.54 feet, more or less, to a point on the center line of N.E. Flintlock Road, said point being 580 feet, more or less, northeasterly of the south section line of Section 11, Township 51, Range 32; thence southwesterly and south along the center line of N.E. Flintlock Road to the south quarter section line of the Southwest Quarter of the Northwest Quarter of Section 14, Township 51, Range 32; thence west along the south quarter section line of the Southwest Quarter of the Northwest Quarter of Section 14, Township 51, Range 32 to the center line of N. Stark Avenue, said point located on the east section line of Section 15, Township 51, Range 32; thence south along the center line of N. Stark Avenue to the City of Kansas City -Pleasant Valley city limits, said point being located on the south section line of Section 15, Township 51, Range 32; thence west along the City of Kansas City -Pleasant Valley city limits to the intersection with the east right-of-way line of Interstate 435; thence northerly along the east right-of-way line of Interstate 435 to the centerline of N.E 76th Street; thence westerly and north-westerly along N.E 76th Street to the south section line of Section 8, Township 51, Range 32; thence west along the south line of Section 8, Township 51, Range 32 to the centerline of north Brighton Avenue; thence south along the centerline of North Brighton Avenue to a point 441.54 feet South of North line of SD Section; thence North 89 degrees 34 minutes 55 seconds West to the East line of West half of Northwest Quarter of Section 17, Township 51, Range 32; thence South along the said East line 559.2 feet; thence North 89 degrees 34 minutes 55 seconds West to a Point 300 feet from the east right-of-way line of North Spruce Avenue; thence north 150 feet parallel to the west line of the Northwest Quarter of Section 17, Township 51, Range 32; thence North 89 degrees 34 minutes 55 seconds West 300 feet to the east right-of-way line of North Spruce Avenue; thence northerly along the east right-of-way line of North Spruce Avenue to the south right-of-way line of NE 80th Street; thence easterly along the south right-of-way line of NE 80th Street to a Point 1,762 feet, more or less, from the west line of Section 8, Township 51, Range 32; thence north along a line east of and parallel to the west line of Section 8, Township 51, Range 32 to the centerline of Missouri Route 152; thence westerly along the centerline of Missouri Route 152 to the west line of Section 8, Township 51, Range 32; thence north along the said west line to the north line of Section 8, Township 51, Range 32; thence east along the north line of Sections 8 and 9 of Township 51, Range 32 to the easterly right-of way line of Interstate 435; thence northerly along the easterly right-of-way line of Interstate 435 to the south line of North West Quarter of Section 4, Township 51, Range 32; thence west along the south line of North West Quarter of Section 4, Township 51, Range 32 and west along the south line of the North East Quarter of Section 5, Township 51, Range 32 to the west line of the North East Quarter of Section 5, Township 51, Range 32; thence north along the west line of North East Quarter of Section 5, Township 51, Range 32 and north along west line of the South East Quarter of Section 32, Township 52, Range 32 to the north line of South East Quarter of Section 32, Township 52, Range 32; thence east along the north line of South East Quarter of Section 32, Township 52, Range 32 and east along the north line of South West Quarter of Section 33, Township 52, Range 32 to the north east corner of the South West Quarter of Section 33, Township 52, Range 32; thence south along the east line of the South West Quarter of Section 33, Township 52, Range 32 to the centerline of NE 96th Street; thence easterly along the centerline of NE 96th Street to the Point of Beginning; all now included in the City of Kansas City, Clay County, Missouri.

is approved and designated the Shoal Creek Tax Increment Financing Plan, as amended, effective October 31, 2002 (the Original Effective Date). The actions of all City officials and the Tax Increment Financing Commission of Kansas City, Missouri, in allocating, paying, depositing, receiving and/or disbursing payments in lieu of taxes or economic activity taxes for areas within the area described by this Ordinance, which have been approved after the Original Effective Date, but prior to the effective date of this ordinance, are hereby ratified and approved.

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Approved as to form and legality:

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Assistant City Attorney