SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 050833
Accepting the recommendations of
the Tax Increment Financing Commission as to the Antioch Mall Tax Increment
Financing Plan; approving the Antioch Mall 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
Antioch Mall Tax Increment Financing Plan (the Redevelopment Plan) 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 with respect to the
Redevelopment Plan, closed said public hearing on April 13, 2005, adopted its
Resolution No. 4-15-05 (the Resolution) recommending to the City Council the
approval of the Plan (the "Redevelopment Plan"); 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 9 Redevelopment Projects and the adoption of tax increment
financing for the area selected for such Redevelopment Project;
WHEREAS, an
amended budget and other related revisions to the Redevelopment Plan have been
proposed to the Council; 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, as amended 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:
Beginning at the
intersection of the Eastern right-of-way line of North Antioch Road, as now
established, and the Southwestern right-of-way line of North Chouteau
Trafficway, as now established; thence Southeasterly along said Southwestern
right-of-way line of North Chouteau Trafficway to a point which is the
intersection of the Westerly prolongation of the Southern boundary of Lot 79,
GREEN HAVEN, a subdivision of land in Kansas City, Clay County, Missouri, with
the Western right-of-way line of North Chouteau Trafficway, as now established;
thence Southeasterly along said prolongation to the Southwest corner of Lot 79,
GREEN HAVEN, said corner being the common subdivision boundary line between the
Plat of Green Haven and the Plat of Antioch, said common line also being the
platted centerline of a ravine, said corner further being on the Northern
right-of-way line of Northeast 54th Street, as now established; thence South 65
degrees 59 minutes 24 seconds East, a distance of 187.73 feet to a point on
said Northern right-of-way line of Northeast 54th Street; thence leaving said
North right-of-way line, South 19 degrees 37 minutes 30 seconds West, a
distance of 51.06 feet to the Northwest corner of Lot 115, GREEN HAVEN; thence
South 14 degrees 43 minutes 01 seconds West, along the Western boundary of said
Lot 115, a distance of 57.47 feet; thence South 02 degrees 50 minutes 49
seconds West, along the Western boundary of said Lot 115, a distance of 119.24
feet to the Southwestern corner of said Lot 115; thence South 76 degrees 34
minutes 25 seconds East, along the Southern boundaries of Lots 115, 114 and
113, GREEN HAVEN, a distance of 187.14 feet to the Southeastern corner of said
Lot 113; thence South 18 degrees 10 minutes 40 seconds West, a distance of
100.35 feet to a point on the Northern boundary of Lot 42, GREEN HAVEN; thence
South 76 degrees 34 minutes 25 seconds East, along the Northern boundary of
said Lot 42, a distance of 15 feet; thence South 16 degrees 10 minutes 40
seconds West, a distance of 401.47 feet to a point on the Southern boundary of
Lot 39, GREEN HAVEN; thence North 76 degrees 45 minutes 05 seconds West, along
the Southern boundary of said Lot 39 to a point on the Northern right-of-way
line of North 53rd Street, as now established, said point being the
intersection of the Northerly prolongation of the Eastern boundary of Lot 1,
Block 3, RESURVEY OF BLOCKS 1 AND 3 ANTIOCH and said Northern right-of-way line
of North 53rd Street; thence South 04 degrees 49 minutes 12 seconds West; a
distance of 50 feet to the Northeastern corner of Lot 1, Block 3, RESURVEY OF
BLOCKS 1 AND 3 ANTIOCH; thence continuing South 04 degrees 49 minutes 12
seconds West, a distance of 571.71 feet to a point on the Northern right-of-way
line of Northeast Vivion Road, as now established; thence continuing South 04
degrees 49 minutes 12 seconds West to a point on the Southern right-of-way line
of Northeast Vivion Road, as now established; thence Easterly along said
Southern right-of-way line to a point which is 1001.65 feet West of the Eastern
boundary of the Northeast Quarter of the Southwest Quarter of Section 31,
Township 51, Range 32; thence South for a distance of 173.78 feet; thence
Southeasterly, along a curve to the left, a distance of 116.21 feet; thence
West for a distance of 225.98 feet; thence South 36 degrees 52 minutes 30
seconds West, a distance of 100.77 feet to point on the Northeastern
right-of-way line of Northeast Chouteau Trafficway, as now established; thence
continuing South 36 degrees 52 minutes 30 seconds West to a point on the
Southwestern right-of-way line of Northeast Chouteau Trafficway, as now
established; thence Southeast, along said Southwestern right-of-way line to the
intersection of said Southwestern right-of-way line with the Western right-of-way
line of North Gladstone Avenue, as shown on SHERWOOD ESTATES 13TH PLAT; thence
Westerly 38.52 feet; thence South 74.13 feet; thence Westerly 38.52 feet,
thence West 40.2 feet; thence North 36.73 feet; thence West 49.49 feet to a
point on the Western boundary of Lot 4, SHERWOOD ESTATES 13TH PLAT; thence
South along the Western boundaries of Lots 4, 3, 2 and 1, SHERWOOD ESTATES 13TH
PLAT to a point on the Northern right-of-way line of Northeast 50th Street, as
now established; thence Westerly and Southwesterly, along said Northern
right-of-way line, to a point on the Eastern right-of-way line of Northeast
Antioch Road, as now established; thence Northwesterly to the point of
intersection of the Western right-of-way line of Northeast Antioch Road, as now
established, and the Northern right-of-way line of Northeast Pence Avenue, as
now established, said point being the Southeastern corner of Lot 1, SUPER FOOD
BARN NO. 4112, a subdivision of land in Kansas City, Clay County, Missouri;
thence Westerly and Southwesterly, along said Northern right-of-way line, being
a curve to the left having an initial tangent bearing of North 89 degrees 28
minutes 45 seconds West and a radius of 620.17 feet, an arc distance of 319.35
feet; thence North 26 degrees 37 minutes 20 seconds West along the
Southwesterly line of said Lot 1, a distance of 166.25 feet; thence continuing
along said Southwesterly line South 49 degrees 42 minutes 27 seconds West , a
distance of 10 feet; thence continuing along said Southwesterly line North 40 degrees
17 minutes 32 seconds West, a distance of 160 feet to the Southeastern
right-of-way line of Northeast Vivion Road, as now established; thence
Northeast, along said Southeastern right-of-way line to a point which is the
intersection of the Southern prolongation of the Western boundary of Lot 8,
ANTIOCH HILLS, a subdivision of land in Kansas City, Clay County, Missouri, and
said Southeastern right-of-way line of Northeast Vivion Road; thence North
along the prolongation of the Western boundary of said Lot 8 to the Southwest
corner of Lot 8, ANTIOCH HILLS; thence North to the Northwest corner of said
Lot 8; thence East to the Southwest corner of Lot 7, ANTIOCH HILLS; thence
North, along the Western boundary of Lots 7, 6, 5, 4, 3, 2, and 1, Antioch Hills,
to the Northwestern corner of said Lot 1; thence North to Southeastern corner
of Lot 17, ANTIOCH HILLS; thence North, along the Eastern boundary of Lot 17 to
the Northeast corner of said Lot 17, said point being on the Northern boundary
of the Southeast Quarter of Section 36, Township 51, Range 33; thence East,
along said Northern boundary, said point also being on the Southern boundary of
Lot 4, Block 1, BEVERLY MANOR, a subdivision of land in Kansas City, Clay
County, Missouri; thence East along the Southern boundary of Lots 4, 3, 2, and
1, Block 1, BEVERLY MANOR to the Southeast corner of Lot 1, Block 1, BEVERLY
MANOR; thence East along the prolongation of the Southern boundary of said Lot
1 to the a point on Eastern right-of-way line of North Antioch Road, as now
established; thence North along said Eastern right-of-way line to a point which
is the intersection of the Eastern prolongation of the Northern boundary of Lot
38, BEVERLY MANOR EXTENSION, a subdivision of land in Kansas City, Clay County,
Missouri, and said Eastern right-of-way line of North Antioch Road; thence
West, along said Eastern prolongation to the Southeast corner of said Lot 38; thence West along the South line of said Lot 38, to the Southwest corner thereof; thence
North 00 degrees 41 minutes 26 seconds East, 310.00 Feet; thence North 01
degrees 29 minutes 12 seconds West, 50.04 feet; thence North 00 degrees 53
minutes 16 seconds East, to the Southern right-of-way line of Englewood Road; thence South 88 degrees 56 minutes 34 seconds E, parallel with and 30.00 feet South of
the North line of said Northeast Quarter of Section 36 Township 51 Range
33, and along said Southern right-of-way line, 62.52 feet (deed = 52.54 feet)
to the intersection of said line with the Western right-of-way line of North
Antioch Road; thence South 69 degrees 11 minutes 33 seconds East, along the
Western right-of-way line of said North Antioch Road, 187.73 feet (deed =197.67
feet) to a point 110.00 feet from and opposite centerline station 219+90 of
said North Antioch Road; thence South 34 degrees 59 minutes 09 seconds East,
continuing along said Western right-of-way line, 43.01 feet to a point 85.00
feet from and opposite centerline station 220+25; thence South 00 degrees 33
minutes 07 seconds West, continuing along said Western right-of-way line,
100.00 feet to a point 85.00 feet from and opposite centerline station 221+25;
thence South 30 degrees 24 minutes 43 seconds East, continuing along said
Western right-of-way line, 29.15 feet to a point 70.00 feet from and opposite
centerline station 221+50; thence South 00 degrees 33 minutes 07 seconds West,
continuing along said Western right-of-way line to a point which is the
intersection of the Northwesterly prolongation of the Southwestern right-of-way
line of North Chouteau Trafficway, as now established, and said Western
right-of-way line of North Antioch Road; thence Southeasterly, along said
Northwesterly prolongation of said Southwestern right-of-way line to the point
of beginning.
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
(outdated underground tunnel, uncontrolled points of ingress-egress);
unsanitary or unsafe conditions including open ditch, outdated loading area
resulting in loading in Fire Lanes, outdated electrical system; deterioration
of site improvements (structural shifting, vacant stores); improper subdivision
or obsolete platting and existence of conditions that endanger life or property
by fire or other causes (including rising crime due to rising vacancy levels,
poor ingress-egress designs leading to higher accidents); and declining
property value.
(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 Antioch Mall 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 Antioch Mall 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