ORDINANCE NO. 030336
Accepting the recommendations of
the Tax Increment Financing Commission as to the Second Amendment to the
Americana Tax Increment Financing Plan; approving the Second Amendment to the
Americana Tax Increment Financing Plan; and designating an amended
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, the
Americana Tax Increment Financing Plan (the "Plan") was approved by
the Commission and passed by the City Council on Ordinance No.921438 ("the
Ordinance") on January 28, 1993; and
WHEREAS, an amendment
to the Redevelopment Plan entitled the "First Amendment to the Americana
Tax Increment Financing Plan" ("First Amendment") affecting the
area described therein was proposed to the Commission and was recommended for
approval by the Commission to the Council on March 11, 1998, by approval of
Resolution No. 3-3-98, but not approved by the Council; and
WHEREAS, a second
amendment to the Redevelopment Plan ("Second Amendment") was proposed
to the Commission; and
WHEREAS, the
Commission, having been duly constituted and its members appointed; and, after
all proper notice was given, met in public hearing on November 14, 2001, and
after receiving the comments of all interested persons and taxing districts,
and approved Resolution No. 11-16-01 (the "Resolution") recommending
to the City Council the approval of the Second Amendment; and
WHEREAS, the Second
Amendment alters the exterior boundaries of the Redevelopment Area of the Plan
and removes Projects 2 and 3 from the Plan; and
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section 1. The
recommendation of the Commission concerning the Second Amendment as set forth
in the Resolution attached hereto as Exhibit "A" are hereby accepted
and the Second Amendment, a copy of which is attached hereto as Exhibit
"B", is hereby approved and adopted as valid.
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
following described area is hereby designated as a Redevelopment Area:
All of Lots 30
through 36, Block 7, REIDS ADDITION, all included in and a part of the City of
Kansas City, Jackson County, Missouri.
Section 4. 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 Ordinance No.921438 with respect to the Redevelopment
Plan are not affected by the Second Amendment and apply equally to the Second
Amendment;
(b) The
Redevelopment Area, as amended, is a blighted 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;
(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 benefitted 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 Second Amendment on each taxing
district which is at least partially within the boundaries of the Redevelopment
Area, as amended, has been prepared in accordance with the Act;
(h) The Second
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 Americana 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 Americana Account of
the Special Allocation 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.
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Approved
as to form and legality:
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Assistant
City Attorney