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"Act"), the City Council of Kansas City, Missouri, by Ordinance No. 54556, passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing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:

9^th 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.

9^th 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.

9^th 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.

9^th 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.

9^th 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. 

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Approved as to form and legality: 

______________________________ Heather A. Brown Assistant City Attorney