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.

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney