SECOND COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 010360
Accepting the
recommendations of the Tax Increment Financing Commission as to the First Amendment
to the Parvin Road Corridor Tax Increment Financing Plan; approving the First
Amendment to the Parvin Road Corridor 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, 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, a first
amendment to the Parvin Road Corridor Tax Increment Financing Plan (the First
Amendment) was proposed to the Commission; and
WHEREAS, the
First Amendment expands the Redevelopment area to include additional parcels
for the improvement and relocation of N. Arlington Avenue; 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, 2001, adopted Resolution No. 2-5-01
(Resolution) recommending that the City Council approve the First Amendment;
and
WHEREAS, on April
27, 2001, notice was mailed pursuant to Section 99.825, RSMo, and published on
April 28, 2001, setting forth the proposed changes to the First Amendment to
the Parvin Road Corridor Tax Increment Financing Plan, as presented to the City
Council; and
WHEREAS, on May
17, 2001, a notice was mailed pursuant to Section 99.825, RSMo, and published
on May 20, 2001, setting forth additional changes to the Redevelopment Plan
which would reduce the amount of right of way to be taken in order to preserve
two burr oak trees and to exclude other property; and
WHEREAS, the
Council has accepted and approved the proposed changes to the First Amendment;
NOW, THEREFORE,
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. The
recommendation of the Commission concerning the First Amendment as set forth in
the Resolution attached hereto as Exhibit A are hereby accepted and the First
Amendment, a copy of which is attached hereto as Exhibit B as amended in accordance
with the notice and
entitled First 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:
Tract A
A tract
of land in the Southeast Quarter of Section 2, Township 50, Range 32, Kansas
City, Clay County, Missouri, being bounded and described as follows:
Commencing at the Southwest Corner of the Southeast Quarter of said Section 2;
thence South 89o1612 East, along the South line of said Southeast
Quarter, 330.00 feet; thence North 00o4017 East, along the East
line of PHISTER PLACE, a subdivision of land in Kansas City, Clay County,
Missouri, and it Southerly prolongation, 525.01 feet to the True Point of
Beginning of the tract to be herein described; thence continuing North 00o4017
East, along said East line 136.17 feet; thence South 89o1913 East,
104.91 feet; thence North 00o4017 East, 115.00 feet; thence North
89o1911 West, 104.91 feet to a point on the East line of said
PHISTER PLACE; thence North 00o4017 East, along said East line and
its Northerly prolongation, 540.83 feet to a point on the North line of the
Southwest Quarter of said Southeast Quarter; thence South 89o1911
East, along said North line, 208.41 feet; thence Southerly, along a curve to
the right, having an initial tangent bearing of South 05o0141
West, a radius of 1,540.00 feet, and a central angle of 09o0938,
an arc distance of 246.22 feet; thence Southerly, along a curve to the left,
having a common tangent with the last described course, a radius of 1,460.00
feet, and a central angle of 12o5220, an arc distance of 328.01
feet; thence South 00o4002 West, tangent to the last described
course, 224.20 feet; thence North 89o1911 West, 129.86 feet to the
True Point of Beginning. Containing 110,573 square feet (2.54 acres), more or
less.
Tract B
A tract
of land in the Southeast Quarter of Section 2, Township 50, Range 32, Kansas
City, Clay County, Missouri, being bounded and described as follows:
Commencing at the Southwest Corner of the Southeast Quarter of said Section 2;
thence South 89o1612 East, along the South line of said Southeast
Quarter, 495.00 feet to the True Point of Beginning of the tract to be herein
described; thence North 00o4017 East, 28.62 feet; thence
Southerly, along a curve to the left, having an initial tangent bearing of
South 11o0253 East, a radius of 1,685.00 feet, and a central angle
00o5946, an arc distance of 29.29 feet to a point on the South
line of said Southeast Quarter; thence North 89o1612 West, along
said South line, 6.20 feet to the True Point of Beginning. Containing 87
square feet (0.002 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 with respect to the Redevelopment Plan are not affected by the First
Amendment and apply equally to the First 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 benefitted 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 First 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 First 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.
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Approved
as to form and legality:
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Assistant
City Attorney