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Legislation #: 041005 Introduction Date: 9/2/2004
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER HERMANN
Title: Amending Ordinance No. 031191 by enacting new sections, correcting the legal description of the redevelopment area and making findings in accordance with the Real Property Tax Allocation Act, all relating to the Prospect North Tax Increment Financing Plan.

Legislation History
DateMinutesDescription
9/2/2004

Introduce an Ordinance

9/2/2004

Referred Planning, Zoning & Economic Development Committee

9/15/2004

Advance and Do Pass

9/16/2004

Passed


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ORDINANCE NO. 041005

 

Amending Ordinance No. 031191 by enacting new sections, correcting the legal description of the redevelopment area and making findings in accordance with the Real Property Tax Allocation Act, all relating to the Prospect North Tax Increment Financing Plan.

 

WHEREAS, in Committee Substitute for Ordinance No. 991307, the Council accepted the recommendations of the Tax Increment Financing Commission of Kansas City (Commission) and approved the Prospect North Tax Increment Financing Plan (Plan); and

 

WHEREAS, the Redevelopment Plan is a comprehensive program intended to satisfy, reduce or eliminate those conditions, the existence of which qualified the Redevelopment Area as a blighted area, and to enhance the tax base within the Redevelopment Area through the implementation of three Redevelopment Projects and the adoption of tax increment financing in the three Redevelopment Projects Area; and

 

WHEREAS, the Plan is proposed to be amended to change the land use of Project Area 2 from commercial to residential; to change the land use of Project Area 3 from residential to commercial; and to adjust the location of the new North Agnes Avenue Bridge; and

 

WHEREAS, after all proper notice was given, the Commission met in public hearing regarding the First Amendment on September 26, 2003, at which time, after receiving the comments of all interested persons and taxing districts, the Commission approved Resolution No. 9-26-03 ("Resolution") recommending to the City Council the approval of the First Amendment; and

 

WHEREAS, on February 19, 2004, the Council passed Ordinance No. 031191, accepting the recommendations of the Commission and approving the First Amendment, but inadvertently omitting the legal description of the redevelopment area; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Ordinance No. 031191 is hereby amended by enacting a new section concerning the First Amendment, to read as follows:

 

Section 4. That the following described tract of land is hereby designated as a redevelopment area:

 

All that part of the Northwest Quarter of Section 18, Township 51, Range 32, Kansas City, Clay County, Missouri, and all that part of the Southwest Quarter of Section 7, Township 51, Range 32, Kansas City, Clay County, Missouri, described as follows: Commencing at the Northeast corner of the Northwest Quarter of said Section 18, also being the Southeast Corner of the Southwest Quarter of said Section 7; thence North 89 degrees 03 minutes 02 seconds West, a distance of 97.08 feet to a point on the Centerline of Missouri State Route M-1, also being the Point of Beginning of the


tract of land herein to be described; thence South 0 degrees 21 minutes 43 Seconds West along said Centerline, a distance of 1012.78 feet; thence continuing along said centerline on a curve to the right being tangent to the last described course having a radius of 3618.68 feet, an arc distance of 794.79 feet to the Kansas City - Gladstone City Limits line; thence North 89 degrees 19 minutes 31 seconds West along said city limits line, a distance of 881.58 feet, thence Northerly along a curve to the left having an initial tangent bearing of North 0 degrees 36 minutes 13 seconds East and a radius of 203.39 feet, an arc distance of 37.58 feet; thence North 9 degrees 59 minutes 01 seconds West, a distance of 271.98 feet, thence North 89 degrees 19 minutes 22 seconds West, a distance of 151.35 feet to the West line of the East one half of the Northwest Quarter of said Section 18; thence North 0 degrees 18 minutes 59 seconds East along the West line of the East one half of the Northwest Quarter of said Section 18, also being the East line of Tract "B" of Maple Park Place, 2nd Plat,  a subdivision of land in Kansas City, Clay County, Missouri, and it northerly prolongation thereof, a distance of 903.63 feet; thence North 24 degrees 43 minutes 01 seconds West, a distance of 31.88 feet, thence northerly along a curve to the right, being tangent to the last described course having a radius of 230.00 feet, an arc distance of 137.15 feet; thence North 9 degrees 26 minutes 59 seconds East, a distance of 202.73 feet to the West line of the East one half of the Northwest Quarter of said Section 18; thence North 0 degrees 18 minutes 59 seconds East along the West line of the East one half of the Northwest Quarter of said Section 18, a distance of 236.14 feet to the Northwest corner of East one half of the Northwest Quarter of said Section 18, also being the Southwest corner of the East one half of the Southwest Quarter of said Section 7; thence North 0 degrees 30 minutes 14 seconds East along the West line of the East one half of the Southwest Quarter of said Section 7, also being the East Right-of-Way line of N. Agnes Avenue,  a distance of 330.05 feet; thence Northwesterly along a curve to the right having an initial tangent bearing of North 66 degrees 39 minutes 08 seconds West and a radius of 2744.79 feet, an arc distance of 69.96 feet to the West Right-of-way line of N. Agnes Avenue; thence North 9 degrees 23 minutes 53 seconds East  along the West Right-of -Way line of said N. Agnes Avenue and its Southerly Prolongation thereof, a distance of 123.65 feet; thence continuing along the West Right-of -Way line of said N. Agnes Avenue, North 0 degrees 30 minutes 14 seconds East, a distance of 742.62 feet to Westerly prolongation of the South Right-of-Way line of NE. 82nd Street; thence South 89 degrees 07 minutes 32 seconds East along the South Right-of-Way line of NE. 82nd Street and its Westerly Prolongation thereof, a distance of 681.72 feet; thence continuing along the South Right-of-Way line of said NE. 82nd Street, North 0 degrees 34 minutes 46 seconds West, a distance of 5.00 feet; thence continuing along the South Right-of-Way line of said NE. 82nd Street, South 89 degrees 07 minutes 32 seconds East, a distance of 331.63 feet to the Westerly Right-of-Way line of Missouri State Route M-1; thence South 0 degrees 52 minutes 28 seconds West along the Westerly Right-of-Way line of said Missouri State Route M-1, a distance of 29.95 feet; thence continuing along the Westerly Right-of-Way line of said Missouri State Route M-1 and its Easterly prolongation thereof, South 89 degrees 07 minutes 49 seconds East, a distance of 181.29 to the centerline of said Missouri State Route M-1; thence Southerly along the centerline of said Missouri State Route M-1 on a curve to the left having a initial tangent bearing of South 0 degrees 51 minutes 19 seconds East and a radius of 5729.58 feet, an arc distance of 51.91 feet; thence continuing along the centerline of said Missouri State Route M-1, South 1 degree 22 minutes 28 seconds East, a distance of 295.60 feet; thence continuing along the centerline of said Missouri State Route M-1, along a curve to the right being tangent to the last described course having a radius of 22918.31 feet, an arc distance of 684.22 feet; thence continuing along the centerline of said Missouri State Route M-1, South 0 degrees 21 minutes 43 seconds West, a distance of 167.86 feet to the Point of Beginning. Said tract of land contains 80.55 acres more or less.

 

Section 2. That Ordinance No. 031191 is hereby amended by enacting a new section concerning the First Amendment, to read as follows:

 

Section 5. In accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

 

(a) Good cause has been shown for amendment of the Redevelopment Plan, and that the findings of the City Council in Committee Substitute for Ordinance No. 991307 and Ordinance No. 031191 with respect to the Redevelopment Plan, as amended, are not affected by the First Amendment and apply equally to said First Amendment;

 

(b) The Redevelopment Area, as amended, as a whole is a blighted area as evidenced by the following predominant factors:

 

Defective or inadequate street layout, poor interior network and poor condition of the streets.

 

Insanitary and unsafe conditions including frequent flooding and illegal dumping.

 

Deteriorating site improvements including poor condition of houses, abandonment, building code violations.

 

Conditions within the Redevelopment Area that endanger life or property by fire or other causes. The narrow width of the interior streets could impede access for emergency service providers.

 

The existing conditions retard the provision of housing accommodations within the Redevelopment Area.

 

Existing conditions within the Redevelopment Area constitute an economic or social liability. In its present condition, the redevelopment area generates less than $14,000 annually in real estate taxes. The property is well situated for a potential shopping center development that would generate significant employment opportunities for the area. Construction of the proposed improvements would also significantly increase property taxes. All of these economic benefits are foregone so long as the blighting conditions described above are left uncured.

(c) The Redevelopment Area, as amended, 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 First Amendment to the Redevelopment Plan;

(d) The Redevelopment Plan, as amended, conforms to the comprehensive plan for the development of the City as a whole;

 

(e) The areas selected for Redevelopment Projects include only those parcels of real property and improvements thereon which will be directly and substantially benefitted by the Redevelopment Project improvements;

 

(f) 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;

 

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

 

(h) A cost-benefit analysis showing the impact of the Redevelopment Plan, as amended, on each taxing district at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act; and

 

(i) The Redevelopment Plan, as amended, does not include the initial development or redevelopment of any gambling establishment.

 

Section 3. That Ordinance No. 031191 is hereby amended by enacting a new section concerning the First Amendment, to read as follows:

 

Section 6. The City and/or the Commission is authorized to issue obligations in one or more series of bonds secured by the Prospect North 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 4. That Ordinance No. 031191 is hereby amended by enacting a new section concerning the First Amendment, to read as follows:

 

Section 7. 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 Prospect North 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