COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060534

Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the North Oak Tax Increment Financing Plan; approving the First Amendment to the North Oak Tax Increment Financing Plan.; and designating an expanded 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 February 24, 2005, the City Council passed Committee Substitute for Ordinance No. 050104, which accepted the recommendations of the Commission as to the North Oak Tax Increment Financing Plan (the Redevelopment Plan) and designated the Redevelopment Area therein to be a blighted area; and

  WHEREAS, a first amendment to the Redevelopment Plan entitled the First Amendment to the North Oak Tax Increment Financing Plan (the First Amendment) was proposed to the Commission; 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 April 12, 2006, adopted Resolution No. 4-6-06 (the Resolution) recommending that the City Council approve the First Amendment; and

  WHEREAS, the First Amendment provides for expansion of the redevelopment area by adding a 32 acre parcel which will be developed into retail space and the change in designation of the Redevelopment Area as a blighted area to a conservation area; NOW, THEREFORE, 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

  Section 1. The recommendations of the Commission concerning the First Amendment to the North Oak Tax Increment Financing Plan 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, 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. That the area legally described as:

 Redevelopment Area legal description (Includes Project Area 1 and 2):

All that part of the East Half of the West Half of Section 11, and the West Half of the East Half of Section 11, and the East Half of the Southwest Quarter of Section 2, and the West Half of the Southeast Quarter of Section 2, all in Township 50 North, Range 33 West, in the City of Kansas City, Clay County, Missouri, described as follows:

Beginning at the northeast lot corner of Lot 9, BRAECKLEINS SUBDIVISION, a subdivision of land in said West Half of the Southeast Quarter of Section 11; thence on an assumed bearing of South, along the east lot lines of Lot 8 and Lot 9, said BRAECKLEINS SUBDIVISION, also being the west right-of-way line of North Cherry Street, 397 feet to a point of curvature; thence Southwesterly, continuing along said east lot line of Lot 8 on a curve to the right being tangent to the last described course, and having an arc length of 109 feet; thence Southwesterly, continuing along said east lot line of said Lot 8, a distance of 126 feet to a point of curvature; thence Southwesterly, continuing along said east lot line of said Lot 8 and the east lot line of Lot 7, said BRAECKLEINS SUBDIVISION, on a curve to the left being tangent to the last described course, having an arc length of 124 feet; thence South, continuing along said east lot line of Lot 7, BRAECKLEINS SUBDIVISION, and being the west right-of-way line of North Cherry Street, 156 feet to a point of curvature; thence Southeasterly, along said east lot line of said Lot 7 on a curve to the left being tangent to the last described course, having an arc length of 264 feet; thence Southeasterly, continuing along said east lot line of Lot 7 and the east lot line of Lot 6, said BRAECKLINS SUBDIVISION, 351 feet to a point of curvature; thence Southeasterly, continuing along said east lot line of Lot 6, on a curve to the right, having an arc length of 83 feet to the southeast corner of said Lot 6; thence West, along the south lot line of said Lot 6, also being the north line of Riverview Greenway, 191 feet to an intermediate lot corner of said Lot 6; thence Northwesterly, continuing along said south lot line, 616.13 feet to the southwest corner of said Lot 6 and being a point on the east right-of-way line of North Oak Trafficway; thence Northwesterly 283 feet to a point on the west right-of-way line of North Oak Trafficway; thence West, continuing along said west right-of-way line, 15 feet; thence North, continuing along said west right-of-way line, 603 feet; thence West, continuing along said west right-of-way line, 20 feet; thence North, continuing along said west right-of-way line, 449 feet; thence East, continuing along said west right-of-way line, 45 feet; thence North, along said west right-of-way line, 347 feet; thence East, continuing along said west right-of-way line, 20 feet; thence North, continuing along said west right-of-way line, 98 feet; thence North 273.5 feet to a point on said west right-of-way line and being a point on the east lot line of Lot 1, EVANS HILLS, a subdivision of land in the Southeast Quarter of the Northwest Quarter of said Section 11; thence North, along the east lot lines of Lot 1 thru Lot 4, said EVANS HILLS, 280.80 feet; thence East, continuing along said east lot line of Lot 4, a distance of 5 feet; thence North, along the east lot lines of Lot 4 thru Lot 8, said EVANS HILLS, and the east lot line of Lot 49, said EVANS HILLS, 301.05 feet; thence West, continuing along said east lot line of Lot 49, a distance of 25 feet; thence North, along the east lot lines of Lot 49 thru Lot 52, said EVANS HILLS, 413 feet to the northeast lot corner of said Lot 52; thence Northeasterly 36.76 feet to the southeast corner of Indianola Park; thence North, along said west right-of-way line and being the east line of said Indianola Park, 250.71 feet; thence east, continuing along said east line of Indianola Park, 10 feet; thence North, along said east line of Indianola Park extended to the east lot lines of Lot 1, and Lot 7 thru Lot 9, INDIANOLA, a subdivision of land in the Northeast Quarter of the Northwest Quarter of said Section 11, a distance of 533.25 feet; thence West, along the south line of CHEZIK ADDITION REPLAT Lot 1, subdivision of land in the Northeast Quarter of the Northwest Quarter, said Section 11, a distance of 452 feet to the southwest corner of said CHEZIK ADDITION REPLAT Lot 1; thence North, along the west line of said CHEZIK ADDITION REPLAT Lot 1, a distance of 163.97 feet to a point on the south lot line of lot 4, SMITH HILLS, a subdivision of land in the Northeast Quarter of the Northwest Quarter, said Section 11; thence East, along said south lot line of Lot 4, SMITH HILLS, and also being said west line of CHEZIK ADITION REPLAT Lot 1, a distance of 22.58 feet to the southeast corner of said Lot 4, SMITH HILLS; thence North, continuing along said west line of CHEZIK ADDITION REPLAT Lot 1 and the west line of CHEZIK ADDITION REPLAT Part of Lot 2, a subdivision of land in the Northeast Quarter of the Northwest Quarter of said Section 11, a distance of 327.88 feet to the northeast lot corner of Lot 1, said SMITH HILLS; thence East continuing along said west line of said CHEZIK ADDITION REPLAT Part of Lot 2, a distance of 179.31 feet; thence North, continuing along said west line of CHEZIK ADDITION REPLAT Part of Lot 2, a distance of 100 feet; thence West, continuing along said west line of CHEZIK ADDITION REPLAT Part of Lot 2, a distance of 29 feet; thence North, continuing along said west line of CHEZIK ADDITION REPLAT Part of Lot 2 and the west line of Part of Lot 6, COMMISSIONERS PLAT OF J. C. EVANS LANDS, a subdivision of land in the Southeast Quarter of the Southwest Quarter of said Section 2, a distance of 252.96 feet to a point on the south right-of-way line of Northeast Evansdale Road; thence Southeasterly along said south right-of-way line of Northeast Evansdale Road 43.39 feet to a point of curvature; thence Southeasterly, continuing along said south right-of-way line of Northeast Evansdale Road on a curve to the left being tangent to the last described course, having a radius of 525 feet, and an arc length of 75.37 feet; thence East, continuing along said south right-of-way line of Northeast Evansdale Road, 51 feet; thence North, along an extension of the west lot line of Lot 18, Block 5, RESURVEY OF NORTHCREST, a subdivision of land in the Southeast Quarter of the Southwest Quarter of said Section 2, a distance of 195 feet to the northwest corner of said Lot 18, Block 5; thence northwesterly, along the north lot lines of Lot 15, Lot 16, and Lot 17, Block 5, said RESURVEY OF NORTHCREST, 125 feet; thence Northeasterly, along an extension of the west lot line of Lot 2, Block 5, said RESURVEY OF NORTHCREST, 193 feet to a point on the north right-of-way line of Northeast Northcrest Drive and also being the south lot line of Lot 16, Block 2, said RESURVEY OF NORTHCREST; thence Southeasterly along said south lot line of Lot 16, Block 2, along a curve to the left, having an arc length of 27.50 feet to the southwest lot corner of Lot 17, Block 2, said RESURVEY OF NORTHCREST; thence Northeasterly, along the west lot line of said Lot 17, Block 2, a distance of 158.31 feet to the northwest lot corner of said Lot 17, Block 2; thence Northwesterly, along the north lot lines of Lot 14 thru Lot 16, Block 2, said RESURVEY OF NORTHCREST, 154.44 feet; thence Northwesterly, along the north lot lines of Lot 11 thru Lot 14, Block 2, said RESURVEY OF NORTHCREST, 225 feet to the southeast lot corner of Lot 7, Block 2, said RESURVEY OF NORTHCREST; thence North, along the east lot line of said Lot 7, Block 2, a distance of 190 feet to the south right-of-way line of Briarcliff Road; thence East, along said south right-of-way line of Briarcliff Road, 249 feet; thence North, along a southerly extension of the east right-of-way line of North McGee Street, 404.90 feet to the north right-of-way line of said North McGee Street; thence West, along said north right-of-way line of McGee Street, 15 feet; thence North, along a northerly extension of the west lot line of Lot 1, DUNDEE PLAZA, a subdivision of land in the Northeast Quarter of the Southwest Quarter of said Section 2, a distance of 295 feet to the centerline of Northeast 43^RD Street; thence East, along said centerline of Northeast 43^RD Street, 240 feet to a point on said east right-of-way line of North Oak Trafficway; thence South, along a southerly extension of said east right-of-way line of North Oak Trafficway, 72 feet to the centerline of North 43^Rd Street; thence East, along said centerline of North 43^RD Street, 230 feet; thence South, along the southerly extension of the east line of the West 230 feet of Lot 97 and the West 230 feet of Lot 124, GREENFIELD, a subdivision of land in the Northwest Quarter of the Southeast Quarter of said Section 2, and the east line of the West 230 feet of vacated Northeast 42^ND Terrace, 534 feet to a point on the south right-of-way line of North 42^ND Street and being the north lot line of Lot 3, said COMMISSIONERS PLAT OF J.C. EVANS LANDS, in the Southwest Quarter of the Southeast Quarter of said Section 2; thence East, along said North lot line of Lot 3, COMMISSIONERS PLAT OF J.C. EVANS LANDS, 34 feet; thence South, along the east lot line of said Lot 3, COMMISSIONERS PLAT OF J.C. EVANS LANDS, 630 feet to a point on the north lot line of Lot 4, SUNNY SLOPE, a subdivision of land in the Southwest Quarter of the Southeast Quarter of said Section 2; thence West, along the north lot lines of Lot 3 and Lot 4, said SUNNY SLOPE, 93 feet to the northeast lot corner of Lot 2, said SUNNY SLOPE; thence South, along the east lot line of said Lot 2, SUNNY SLOPE, 141.55 feet to a point on the north right-of-way line of North 41^ST Street and also being the southeast corner of said Lot 2, SUNNY SLOPE; thence East, along said north right-of-way line of North 41^ST Street and also being the south lot line of Lot 3, said SUNNY SLOPE, 15 feet; thence South 50 feet to the south right-of-way line of said North 41^ST Street and also being the north lot line of Lot 15, said SUNNY SLOPE; thence East, along said north lot line of Lot 15, SUNNY SLOPE, 89.50 feet to a point on the west line of the East 60 feet of said Lot 15, SUNNY SLOPE; thence South, along the west line of the East 60 feet of Lot 15 and Lot 16, said SUNNY SLOPE, 141.54 feet to a point on the south lot line of said Lot 16, SUNNY SLOPE; thence East, along the south lot lines of Lots 12 thru 14, and Lot 16, said SUNNY SLOPE, 246.81 feet to a point being 43.69 feet West of the southeast lot corner of said Lot 12, SUNNY SLOPE; thence South, along a line 203.69 feet West of, and parallel with, the west line of Lot 47 and Lot 62, said SUNNY SLOPE, 180.43 feet; thence West 191.94 feet to a point on the east right-of-way line of North Cherry Street; thence Southwesterly 70 feet to a point on the west right-of-way line of said North Cherry Street, as measured perpendicular to said North Cherry Street right-of-way lines, said point also being on the east lot line of Lot 7, said COMMISSIONERS PLAT OF J.C. EVANS LANDS; thence Southeasterly, along the east lot lines of Lot 7 and Lot 11, said COMMISSIONERS PLAT OF J.C. EVANS LANDS, 465.87 feet to a point of curvature; thence Southeasterly, along said east lot line of Lot 11, COMMISSIONERS PLAT OF J.C. EVANS LANDS, on a curve to the right being tangent to the last described course, having an arc length of 44.35 feet to the northeast lot corner of Lot 11, CHERRY CREEK ADDITION, a subdivision of land in the Northwest Quarter of the Northeast Quarter of said Section 11; thence Southwesterly, along the north lot line of said Lot 11, CHERRY CREEK ADDITION, 248.67 feet; thence Southeasterly, along the west lot lines of Lot 9 thru Lot 11, said CHERRY CREEK ADDITION, 85 feet to the northeast corner of Lot 11, Block G, said COMMISSIONERS PLAT OF J.C. EVANS LANDS; thence South, along the east lot lines of Lot 11, Block G, and Lot 15, Block G, said COMMISSIONERS PLAT OF J.C. EVANS LANDS, 400.40 feet; thence Southwesterly, along said east lot line of Lot 15, COMMISSIONERS PLAT OF J.C. EVANS LANDS, 176.04 feet to the southwest lot corner of Lot 1, said CHERRY CREEK ADDITION; thence West, continuing along said east lot line of Lot 15, COMMISSIONERS PLAT OF J.C. EVANS LANDS, 46.56 feet; thence South, continuing along said east lot line of Lot 15, and Lot 21, said COMMISSIONERS PLAT OF J.C. EVANS LANDS, a distance of 1,523.24 feet to a point on the north lot line of Lot 10, said BRAECKLEINS SUBDIVISION; thence East, along the north lot line of said Lot 10, BRAECKLEINS SUBDIVISION, 290 feet to a point on said west right-of-way line of North Cherry Street and being the northeast lot corner of said Lot 10, BRAECKLEINS SUBDIVISION; thence South, along the east lot line of said Lot 10, BRAECKLEINS SUBDIVISION, 449 feet to the point of beginning. Containing 84 acres, more or less.

Overall legal description for Baptist Seminary Site (Project Areas 3 through 6)

All that part of the Southeast Quarter of Section 35, Township 51 North, Range 33 West, in the City of Kansas City, Clay County, Missouri, more particularly described as follows: commencing at the southwest corner of the Southeast Quarter of said Section 35, thence North 00 degrees 33 minutes 13 seconds East, with the west line of the Southeast Quarter of said Section 35, a distance of 235.00 feet; thence South 89 degrees 26 minutes 47 seconds East, perpendicular to the west line of the west line of the Southeast Quarter of said Section 35, a distance of 43.00 feet to a point on the east right-of-way of North Oak Trafficway, said point being the point of beginning; thence North 00 degrees 33 minutes 13 seconds East, parallel with the west line of the Southeast Quarter of said Section 35, a distance of 1870.65 feet; thence South 89 degrees 20 minutes 16 seconds East, and no longer with the east right-of-way of North Oak Trafficway, a distance of 284.00 feet; thence South 00 degrees 33 minutes 13 seconds West, parallel with the west line of the Southeast Quarter of said Section 35, a distance of 803.39 feet to a point of curvature; thence on a curve to the left having a radius of 100.00 feet, a central angle of 89 degrees 53 minutes 28 seconds, an arc distance of 156.89 feet; thence South 89 degrees 20 minutes 16 seconds East, parallel with the south line of the Southeast Quarter of said Section 35, a distance of 634.84 feet; thence South 00 degrees 33 minutes 13 seconds West, parallel with the west line of the Southeast Quarter of said Section 35, a distance of 809.01 feet; thence South 00 degrees 21 minutes 24 seconds West, a distance of 353.52 feet to a point on the north right-of-way of NE Vivion Road; thence North 89 degrees 20 minutes 16 seconds West, with the north right-of-way of NE Vivion Road, and parallel with the south line of the Southeast Quarter of said Section 35, a distance of 562.79 feet; thence North 82 degrees 35 minutes 02 seconds West, continuing with the north right-of-way of NE Vivion Road, a distance of 212.58 feet; thence North 89 degrees 20 minutes 16 seconds West, continuing with the north right-of-way of NE Vivion Road, and parallel with the south line of the Southeast Quarter of said Section 35, a distance of 103.90 feet; thence North 44 degrees 23 minutes 53 seconds West, continuing with the north right-of-way of NE Vivion Road, a distance of 191.25 feet to a point on the east right-of-way of North Oak Trafficway; thence North 10 degrees 45 minutes 23 seconds West, with the east right-of-way of North Oak Trafficway, a distance of 35.69 feet to the point of beginning. The above described tract contains 1424077 square feet, or 32.69 acres.

is designated as the North Oak Tax Increment Financing Plan Redevelopment Area as amended. 

Section 4. The Council hereby finds that:

 (a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the Council in Ordinance No. 050104, with respect to the Redevelopment Plan are not affected by the First Amendment and apply equally to the First Amendment;

 (b) The Redevelopment Area, as amended, is a conservation area, as a whole, and 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, as amended, and the First Amendment;

 (c) The Redevelopment Plan, as amended, confirms to 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 therein 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, 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;

 (f) A plan has been developed for relocation assistance for businesses and residences;

 (g) A cost benefit analysis showing the impact of the First Amendment on each taxing district which is at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act;

 (h) The First Amendment 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 North Oak 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 North Oak Account of the Special Association 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.

Section 7. Notwithstanding anything to the contrary in the preceding sections of this ordinance and in accordance with the customary policies and procedures of the City relating to its condemnation processes, no final order for condemnation of any property for any project within the North Oak Tax Increment Financing Plan shall be entered unless and until such time as any necessary private third-party or public financing for the construction of such project as called for in the plan has closed and proceeds from such financing are available for constructing such project.

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  Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney