COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 050325
Accepting the recommendations of
the Tax Increment Financing Commission as to the Ninth Amendment to the
Eleventh Street Corridor Tax Increment Financing Plan; approving the Ninth
Amendment to the Eleventh Street Corridor Tax Increment Financing Plan; designating
an expanded redevelopment area.
WHEREAS, pursuant to
the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800
to 99.865 of the Revised Statutes of Missouri, 1986, as amended (the
"Act"), the City Council of Kansas City, Missouri, by Ordinance No.
54556, passed on November 24, 1982, and thereafter repealed and amended in
certain respects by Committee Substitute to 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
December 10, 1992, the City of Kansas City, Missouri, adopted the Eleventh
Street Corridor Tax Increment Financing Plan by Ordinance No. 921355, which
approved the Redevelopment Plan, found the area described therein
("Redevelopment Area") to qualify as a Conservation area; and
designated the Redevelopment Area as a Redevelopment Area pursuant to the Act;
and
WHEREAS, on
April 11, 1994, the Commission recommended adoption of the First Amendment to the
Eleventh Street Corridor Tax Increment Financing Plan (the "First
Amendment") by way of Resolution No. 94-35 and on June 23, 1994, the City
of Kansas City, Missouri adopted the First Amendment by Ordinance No. 940721;
and
WHEREAS, on
September 20, 1995, the Commission recommended adoption of the Second Amendment
to the Eleventh Street Corridor Tax Increment Financing Plan (the "Second
Amendment") by way of Resolution No. 95-84 and on November 21, 1995, the
City of Kansas City, Missouri adopted the Second Amendment by Ordinance No.
951478; and
WHEREAS, on
March 20, 1996, the Commission recommended adoption of the Third Amendment to
the Eleventh Street Corridor Tax Increment Financing Plan (the "Third
Amendment") by way of Resolution No. 96-30 and on April 11, 1996, the City
of Kansas City, Missouri adopted the Third Amendment by Ordinance No. 960295;
and
WHEREAS, on
September 9, 1998, the Commission determined not to adopt a proposed Fourth
Amendment to the Eleventh Street Corridor Tax Increment Financing Plan; and
WHEREAS, on
October 14, 1998, the Commission recommended adoption of the Fifth Amendment to
the Eleventh Street Corridor Tax Increment Financing Plan (the "Fifth
Amendment") by way of Resolution No. 10-2-98 and on November 23, 1998, the
City of Kansas City, Missouri adopted the Fifth Amendment by Ordinance No.
981334; and
WHEREAS, on May
12, 1999, the Commission recommended adoption of the Sixth Amendment to the
Eleventh Street Corridor Tax Increment Financing Plan (the Sixth Amendment)
by way of Resolution No. 5-4-99 and on September 2, 1999, the Council approved
the Sixth Amendment by Ordinance No. 991015; and
WHEREAS, on May
12, 1999, the Commission recommended adoption of the Seventh Amendment to the
Eleventh Street Corridor Tax Increment Financing Plan (the Seventh Amendment)
by way of Resolution No. 5-4-99 and on September 2, 1999, the Council approved
the Seventh Amendment by Ordinance No. 031223; and
WHEREAS, on October
13, 2004, the Commission recommended adoption of the Eighth Amendment to the
Eleventh Street Corridor Tax Increment Financing Plan (the Eighth Amendment)
by way of Resolution No.10-18-04 and on November 18, 2004, the Council approved
the Eighth Amendment by Ordinance No. 041258; and
WHEREAS, an
amendment to the Redevelopment Plan entitled "The Ninth Amendment to the
Eleventh Street Corridor Tax Increment Financing Plan" ("Ninth
Amendment") affecting the area described therein 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 on February 9,
2005, and after receiving the comments of all interested persons and taxing
districts, closed said public hearing on February 9, 2005 and approved
Resolution No. 2-7-05 (the "Resolution") recommending to the City
Council the approval of the Ninth Amendment; and
WHEREAS, the
intent of the Ninth Amendment is to expand the boundaries to include properties
on the southern and western edges of the Redevelopment Area and to add a line
item for holiday lighting; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. The
recommendations of the Commission concerning the Ninth Amendment as set forth
in the Resolution attached hereto as Exhibit "A" are hereby accepted
and the Ninth Amendment, a copy of which is attached hereto as Exhibit
"B", is hereby approved and adopted as valid and the Redevelopment
Projects contained therein are hereby authorized.
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.
Section 3. The
following described area is hereby designated as the Eleventh Street Corridor
Tax Increment Redevelopment Area, As Amended:
9th
Amendment Expansion Area No. 1: Beginning at the point of intersection of
the westerly right-of-way line of Central Street and the northerly right-of-way
line of Twelfth Street, thence easterly along the northerly right-of-way line
of Twelfth Street to its point of intersection with the easterly right-of-way
line of Wyandotte Street, thence southerly along the easterly right-of-way line
of Wyandotte Street to its point of intersection with the southerly
right-of-way line of Thirteenth Street, thence westerly along the southerly
right-of-way line of Thirteenth Street to its point of intersection with the
westerly right-of-way line of Central Street, thence northerly along the
westerly right-of-way line of Central Street to the Point of Beginning, all now
included in and a part of Kansas City, Jackson County, Missouri.
9th
Amendment Expansion Area No. 2: Beginning at the point of intersection of
the westerly right-of-way line of Washington Street and the northerly
right-of-way line of Thirteenth Street, thence easterly along the northerly
right-of-way line of Thirteenth Street to its point of intersection with the
easterly right-of-way line of Broadway, thence southerly along the easterly
right-of-way line of Broadway to its point of intersection with the southerly
right-of-way line of Fourteenth Street, thence westerly along the southerly
right-of-way line of Fourteenth Street to its point of intersection with the
westerly right-of-way line of Washington Street, thence northerly along the
westerly right-of-way line of Washington to its Point of Beginning, all now
included in and a part of Kansas City, Jackson County, Missouri.
9th
Amendment Expansion Area No. 3: Beginning at the point of intersection of
the westerly right-of-way line of Summit Street and the northerly right-of-way
line of Tenth Street, thence easterly along the northerly right-of-way line of
Tenth Street to its point of intersection with the easterly right-of-way line
of Jefferson Street, thence southerly along the easterly right-of-way line of
Jefferson Street to its point of intersection with the southerly right-of-way
line of Hereford Drive, thence west-northwesterly along the southerly
right-of-way line of Hereford Drive to its point of intersection with the
westerly right-of-way line of Summit Street, thence northerly along the
westerly right-of-way line of Summit Street to the Point of Beginning, all now
included in and a part of Kansas City, Jackson County, Missouri.
9th
Amendment Expansion Area No. 4: Beginning at the northeast corner of Block
8 of Gates Addition, thence easterly along the southerly right-of-way line of
Ninth Street to the point of intersection of the southerly right-of-way line of
Ninth Street and the easterly right-of-way line of Pennsylvania Avenue, thence
southerly approximately 306.40 feet along the easterly right-of-way line of
Pennsylvania Avenue to its point of intersection with the centerline of the
vacated alley to the west extended, thence westerly along the centerline of the
vacated alley extended to its point of intersection with the westerly
right-of-way line of Pennsylvania Avenue, thence westerly 127.65 feet to its
point of intersection with the centerline of the vacated alley to the west,
thence north 152.84 feet, thence west 12 feet, thence north 23.14 feet, thence
east 1 foot, thence north 25 feet to the southerly right-of-way line of Ninth
Street, thence east along the southerly right-of-way line of Ninth Street to
the Point of Beginning, all now included in and a part of Kansas City, Jackson
County, Missouri.
9th
Amendment Expansion Area No. 5: Beginning at the point of intersection of
the westerly right-of-way line of Broadway and the northerly right-of-way line
of Ninth Street, thence easterly along the northerly right of way line of Ninth
Street to its point of intersection with the easterly right-of-way line of May
Street, thence southerly along the easterly right-of-way line of May Street to
its point of intersection with the northerly lot line of Lot 10 in Block 4 of
Ashburns Addition, thence easterly along the northerly lot line of said Lot 10
extended to its point of intersection with the easterly right-of-way line of
Central Street, thence southerly along the easterly right-of-way line of
Central Street to its point of intersection with the southerly right-of-way
line of Tenth Street, thence westerly along the southerly right-of-way line of
Tenth Street to its point of intersection with the easterly right-of-way line
of Broadway, thence southerly along the easterly right-of-way line of Broadway
to its point of intersection with the northerly right-of-way line of Eleventh
Street, thence westerly along the northerly right-of-way line of Eleventh
Street to its point of intersection with the westerly right-of-way line of
Broadway, thence northerly along the westerly right-of-way line of Broadway to
its Point of Beginning, all now included in and a part of Kansas City, Jackson
County, Missouri.
Section 4. In
accordance with the recommendations of the Commission as set forth in the
Resolution, the City Council hereby finds that good cause has been shown for
amendment of the Redevelopment Plan, and that the findings of the City Council
in Ordinance No. 921355, Ordinance No. 940721, Ordinance No. 951478, Ordinance
No. 960295, Ordinance No. 981334 and Ordinance No. 031223 with respect to the
Redevelopment Plan, as amended, are not affected by the Ninth Amendment and
apply equally to said Ninth Amendment. The Council further finds that:
(a) The Redevelopment Area as a whole is a
conservation area, 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 or the Ninth
Amendment.
(b)
The Ninth Amendment conforms to FOCUS and Downtown Land Use and Development
Plan, together, the comprehensive plan for the development of the City as a
whole;
(c)
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;
(d)
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 the Ninth Amendment, and are not more
than 23 years from the adoption of any ordinance approving a Redevelopment
Project within the Redevelopment Area;
(e)
A plan has been developed for relocation assistance for businesses and
residences;
(f)
A cost-benefit analysis showing the impact of the Ninth Amendment on each
taxing district at least partially within the boundaries of the Redevelopment
Area has been prepared in accordance with the Act; and
(g)
The Ninth 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
Eleventh Street Corridor 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 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 that are deposited into the Eleventh Street Corridor
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