SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 971294, AS AMENDED
Approving the Brush Creek Plaza Tax Increment
Financing Plan; naming a Redeveloper; designating a Redevelopment Area; making
certain findings with regard to the Plan; authorizing the issuance of certain
obligations and the pledge of certain funds for the Plan; call an election for
November 3, 1998, to submit these matters for consideration by the voters;
directing the City Clerk to notify the responsible election authorities of the
election being called no later than August 25, 1998; and recognizing this
ordinance to be an emergency measure.
WHEREAS, the City Council 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, said Commission has been
duly constituted and its members appointed; and, after all proper notice was
given, the Commission met in public hearing on January 8, 1997, and after
receiving the comments of all interested persons and taxing districts with
respect to the Brush Creek Plaza Tax Increment Financing Plan (the
Redevelopment Plan) as proposed, continued the hearing from time to time, and
closed said public hearing on June 11, 1997; and
WHEREAS, on June 11, 1997, the
Commission adopted Resolution No. 6-2-97 which did not approve the
Redevelopment Plan and which recommended that the Council take no further
action regarding the Redevelopment Plan; and
WHEREAS, the Council has the final
authority to approve the Redevelopment Plan and Redevelopment Project and to
designate the Redevelopment Area; and
WHEREAS, the Redevelopment Plan is a
comprehensive program intended to reduce or eliminate blight and enhance the
tax base within the Redevelopment Area through the implementation of one
Redevelopment Project and the adoption of tax increment financing for the area
selected for such Redevelopment Project; and
WHEREAS, as required by Section
99.820.1(3) of the Act, a Request for Proposal to implement the Plan was issued
and Roanoke, L.L.C., submitted the only Proposal in response thereto; NOW,
THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. Approval of Plan.
The Council hereby approves the Brush Creek Plaza Tax Increment Financing Plan
in the form attached to this ordinance as Exhibit A, subject to the provisions
of this ordinance and authorizes the Redevelopment Project contained therein.
The Commission is authorized to enter into a Redevelopment Contract with the
developer.
Section 2. Redeveloper named. Roanoke Manor, L.L.C.
is hereby named as the Redeveloper.
Section 3. Definitions/Proposal. 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 (the "Act"). The
Redevelopers Proposal is included in the Plan.
Section 4. Redevelopment area. The following described
area is hereby designated a Redevelopment Area:
Lots 17, 18, 19, 20, 21,
22, 23, 24, 25, 26, 27 and 28, Park Manor, Resurvey of Lots 1 to 5 and Lots 7
to 16, Block 4, a subdivision of land in Kansas City, Jackson County, Missouri,
according to the recorded plat thereof, and Lot 6, Block 4, Park Manor, a
subdivision of land in Kansas City, Jackson County, Missouri, according to the
recorded plat thereof (2.671 acres).
Section 5. Findings of the
Council. The
Council hereby 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, as approved by this ordinance. The factors that qualify
the Redevelopment Area pursuant to Section 99.810(1) are the age and life-span,
plumbing and electrical obsolescence, physical deterioration, lack of parking,
inferior design and layout, poor insulation or lack of insulation, standing
water and the condition of the parking garage, presence of structures below
current code standards, and lack of ventilation, light and sanitary facilities,
all in reference to the structures within the Redevelopment Area;
(b) The
Redevelopment Plan, as approved by this ordinance, conforms to the
comprehensive plan for the development of the City as a whole;
(c) 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 approved by this ordinance, and are
not more than 23 years from the adoption of any ordinance approving a
Redevelopment Project within the Redevelopment Area;
(d) A
plan has been developed for relocation assistance for businesses and
residences;
(e) A
cost benefit analysis showing the economic impact of the Redevelopment Plan, as
approved by this ordinance, on each taxing district within the boundaries of
the Redevelopment Area has been included in the Redevelopment Plan, as approved
by this Ordinance;
(f) The
Redevelopment Plan, as approved by this ordinance, does not include the initial
development or redevelopment of any gaming establishment.
Section 6. Bonds authorized. The Commission is
authorized to issue obligations in one or more series of bonds secured by the
account of the Redevelopment Plan 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, 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
to 99.865, which recital shall be conclusive evidence of their validity and of
the regularity of their issuance.
Section 7. Pledge of funds
approved. Pursuant
to the provisions of the Redevelopment Plan, as approved by this ordinance, the
City Council approves the pledge of all funds generated from Redevelopment
Projects that are deposited into the account for the Redevelopment Plan 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.
Section 8. Effective date of
sections 1 through 7. Sections 1 through 7 of this Second Committee Substitute for
Ordinance No. 971294, As Amended, will become effective only if:
(1) the
voters of the City approve enactment of these provisions on November 3, 1998;
(2) the
voters approve enactment of Committee Substitute for Ordinance No. 970035, As
Amended, establishing appropriate zoning for this project on November 3, 1998;
(3) the
voters approve enactment of Second Committee Substitute for Ordinance No.
971295, As Amended, approving and designating Brush Creek Redevelopment Project
I of the Brush Creek Plaza Tax Increment Financing Plan, and adopting tax
increment financing therefor on November 3, 1998; and
(4) the
City Clerk receives notice from the Commission that a Redevelopment Contract
between the Commission and the Redeveloper has been executed which contains the
following requirements:
(a) That
the Redeveloper submit schematic design plans when the schematic designs are
complete and design development drawings for the entire project at the
completion of 50%, 75% and 100% design development phases to the Director of
the Department of City Development for design review and approval. The plans
shall include information on landscaping, streetscaping, lighting,
architectural features, and signage. The Redeveloper shall submit to the
Director of the Department of City Development a construction plan addressing
phasing, hours of construction, and traffic patterns;
(b) That
the Redeveloper create a neighborhood parking advisory committee and implement
a neighborhood parking program, with provision of a minimum of 100 parking
spaces for use by residents of the surrounding neighborhood;
(c) That
the Redeveloper provide, with leases for office, retail, and residential space,
parking spaces for those uses in conformance with the ULI parking model and
that the Redeveloper require, within the leases, that lessees arrange for
adequate spaces within the project for their clients and employees; and
(d) That
the Redeveloper will not apply for demolition permits for the structures
located at 4826-4828 Roanoke Parkway and 900-902 Ward Parkway until approval of
a site plan for the Redevelopment Project by the Director of the Department of
City Development in accordance with Section 80-175, Code of Ordinances of the
City of Kansas City, Missouri.
Section 9. Election called. That
a special election is called for November 3, 1998, to submit to the qualified
voters of the City the question of whether the following should be approved;
approving the Brush Creek Plaza Tax Increment Financing Plan; naming a
Redeveloper; designating a Redevelopment Area; making certain findings with
regard to the Plan; and authorizing the issuance of certain obligations and the
pledge of certain funds for the Plan as set forth in sections 1 through 7 of
this Second Committee Substitute for Ordinance No. 971294, As Amended.
Section 10. Ballot Title.
That the ballot title for the proposition established by this ordinance shall
be as follows:
QUESTION _____
Shall Second Committee
Substitute for Ordinance No. 971294, As Amended, approving the Brush Creek
Plaza Tax Increment Financing Plan; naming a Redeveloper; designating a
Redevelopment Area; making certain findings with regard to the Plan; and authorizing
the issuance of certain obligations which will not be an obligation or debt of
the City and authorizing the pledge of certain funds generated by the project
for the Plan be approved?
_____
Yes
_____
No
The voter who desires to
vote in favor of this proposition shall place an x in the box opposite
Yes. The voter who desires to vote against this proposition shall place an
x in the box opposite No.
Section 11. Election Date.
That an election is called for November 3, 1998, for the purpose of submitting
to the voters of Kansas City the question of approving the Brush Creek Plaza
Tax Increment Financing Plan; naming a Redeveloper; designating a Redevelopment
Area; making certain findings with regard to the Plan; and authorizing the
issuance of certain obligations and the pledge of certain funds for the Plan.
Section 12. Delivery of
Ordinance by City Clerk to Election Authorities. That the Clerk shall
deliver certified copies of this ordinance and notice of election to the Board
of Election Commissioners of Kansas City, Missouri, to the Board of Election
Commissioners of Clay County, to the Board of Election Commissioners of Platte
County, and to the County Clerk of Cass County, which shall be the authority of
the respective election authorities of the City to submit this question to the
electors of Kansas City as herein provided and to give public notice thereof as
provided by law on or before Tuesday, August 25, 1998.
Section 13. Election Notice.
That the notice of election shall read as follows:
=============================================================
NOTICE OF ELECTION
CITY OF KANSAS CITY,
MISSOURI
Notice is hereby given
that the City of Kansas City has called an election to be held in said City on
Tuesday, November 3, 1998, at which election all qualified voters residing
within the City of Kansas City, Missouri, will be given the opportunity to
vote.
The official ballot will be in
substantially the following form:
______________________________________________________________
OFFICIAL BALLOT
CITY OF KANSAS CITY
ELECTION --- NOVEMBER 3,
1998
QUESTION _____
Shall Second Committee
Substitute for Ordinance No. 971294, As Amended, approving the Brush Creek Plaza
Tax Increment Financing Plan; naming a Redeveloper; designating a Redevelopment
Area; making certain findings with regard to the Plan; and authorizing the
issuance of certain obligations which will not be an obligation or debt of the
City and authorizing the pledge of certain funds generated by the project for
the Plan be approved?
_____
Yes
_____
No
[Instructions to voters
will be supplied by the election authorities]
______________________________________________________________
A full and complete copy
of Second Committee Substitute for Ordinance No. 971294, As Amended, submitting
the above proposition to the electorate is on file in the office of the City
Clerk of Kansas City, Missouri, where the same is open for inspection and
copying.
The polling places for
the election will be [insert list of polling places in last publication
only].
===========================================================
I hereby certify that
the foregoing is the legal notice to be published pursuant to Section 115.127,
R.S.Mo., as amended.
Given under my hand and
the official seal of the City of Kansas City, Missouri, this ______ day of
August, 1998.
(SEAL)
______________________________________
CATHERINE
T. ROCHA
City
Clerk of the City of Kansas City, Missouri
Before me, a notary
public, personally appeared Catherine T. Rocha, to me known to be the City
Clerk of the City of Kansas City, Missouri, and the person who acknowledged to
me that she executed the same for the purposes therein stated.
______________________________________
Notary
Public
My commission expires:
Section 14. Emergency. That
this ordinance provides for the submission of a proposal to the people of
Kansas City, Missouri, and is hereby recognized to be an emergency measure
within the meaning of Section 15, Article II, of the Charter of Kansas City,
and as such shall become effective immediately upon its passage.
______________________________________________
Approved
as to form and legality:
_______________________________
Assistant
City Attorney