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Legislation #: 070335 Introduction Date: 3/15/2007
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER NASH
Title: Making additional findings as to the 39th _ Prospect Tax Increment Financing Plan in accordance with revisions to Missouri statute and further authorizing certain actions with respect thereto including the exercise of eminent domain for assembly of parcels in the project area.

Legislation History
DateMinutesDescription
3/16/2007 Filed by the Clerk's office
3/15/2007 Referred to Planning, Zoning & Economic Development Committee
3/21/2007 Hold On Agenda (3/28/2007)
3/28/2007 Hold On Agenda (4/4/2007)
4/4/2007 Advance and Do Pass as a Committee Substitute, Debate
4/5/2007 Passed as Substituted

View Attachments
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070335.pdf Authenticated 181K Authenticated
070335 Certification of Public Notice.pdf Other 719K Certification of Public Notice

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 070335

 

Making additional findings as to the 39th & Prospect Tax Increment Financing Plan in accordance with revisions to Missouri statute and further authorizing certain actions with respect thereto including the exercise of eminent domain for assembly of parcels in the project 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 39th & Prospect 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 (the Redevelopment Area) through the implementation of a number of separate Redevelopment Projects and the adoption of tax increment financing for each of the areas selected for such Redevelopment Projects; and

 

WHEREAS, on December 14, 2006, the Council passed Ordinance No. 061319 making certain findings and approving such Redevelopment Plan and does desire to reaffirm such findings and approval of the Redevelopment Plan as stated herein; and

 

WHEREAS, Mo Const., Article VI, Section 21 provides that laws may be enacted, and any city or county operating under a constitutional charter may enact ordinances, providing for the clearance, replanning, reconstruction, redevelopment and rehabilitation of blighted, substandard or insanitary areas, and for recreational and other facilities incidental or appurtenant thereto, and for taking or permitting the taking, by eminent domain, of property for such purposes, and when so taken the fee simple title to the property shall vest in the owner, who may sell or otherwise dispose of the property subject to such restrictions as may be deemed in the public interest; and

 

WHEREAS, Section 99.825, RSMo, provides that after the adoption of an ordinance approving a redevelopment plan or redevelopment project, or designating a redevelopment area, further ordinances may be adopted unless such ordinance alters the exterior boundaries, affects the general land uses established pursuant to the redevelopment plan or changes the nature of the redevelopment project in which case the procedures including the hearing before the Commission provided in said section pertaining to the initial approval of a redevelopment plan or project and designation of a redevelopment area shall be followed; and

 

WHEREAS, this ordinance does not alter the exterior boundaries, affect the general land uses established pursuant to the redevelopment plan or change the nature of the redevelopment project and may therefore be enacted in compliance with Section 99.825, RSMo, and the procedures including the hearing before the Commission provided in said Section pertaining to the initial approval of a redevelopment plan or project and designation of a redevelopment area are not required to be followed in order to enact findings as to individual parcels or properties and a preponderance thereof being blighted in compliance with revised Section 523.274.1, RSMo; and

 

WHEREAS, the City Council now desires to reaffirm Ordinance No. 061319 and pass a new ordinance that, inter alia, makes the findings for the authorization of the exercise of eminent domain as required by revised Section 523.274.1, RSMo; NOW THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Ordinance No. 061319 passed by Council on December 14, 2006, and the findings made therein, are hereby reaffirmed.

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 as Project Area No. 1 of the Redevelopment Area:

 

Lots 9 thru 32, REEDS PLACE, a subdivision of land in the Northeast Quarter, of Section 21, Township 49 North, Range 33 West of the Fifth Principal Meridian in the City of Kansas City, Jackson County, Missouri, according to the recorded plat thereof, containing 88,934 square feet or 2.0416 acres, more or less.

 

Section 4. In accordance with the recommendations of the Commission as set forth in the Resolution, and based upon the hearings before the Planning, Zoning and Economic Development Committee, the City Council hereby finds in addition to the findings set forth in Ordinance No. 061319 that:

 

(a) Considering each parcel in the Redevelopment Area, including each parcel in Project Area No. 1, and whether such property meets the relevant statutory definition of blight, a preponderance of the parcels both in Project Area No. 1 and in the Redevelopment Area considered respectively within such Project Area and in the Redevelopment Area in its entirety, are blighted, substandard and contain unsanitary conditions; and

(b)   This ordinance, following the passage of Ordinance No. 061319 approving a redevelopment plan or redevelopment project, or designating a redevelopment area, may be adopted notwithstanding the procedures including the hearing before the Commission provided in Section 99.825, RSMo, pertaining to the initial approval of a redevelopment plan or project and designation of a redevelopment area since this ordinance does not alter the exterior boundaries, affect the general land uses established pursuant to the redevelopment plan or change the nature of the redevelopment project.

 

Section 5. The City and/or the Commission is authorized to issue obligations in one or more series of bonds secured by the 39th & Prospect 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 in the Redevelopment Area, including but not limited to, Project Area No. 1, 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 Mo Const., article VI, section 21 and/or 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.

 

_____________________________________________

 

Approved as to form:

 

 

______________________________

Heather A. Brown

Assistant City Attorney