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 43RD Street; thence East, along said
centerline of Northeast 43RD 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 43Rd Street; thence East, along said
centerline of North 43RD 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 42ND Terrace, 534 feet to a point
on the south right-of-way line of North 42ND 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 41ST Street
and also being the southeast corner of said Lot 2, SUNNY SLOPE; thence East,
along said north right-of-way line of North 41ST 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 41ST 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.
_________________________________________________________
Approved
as to form and legality:
____________________________
Heather A. Brown
Assistant City Attorney