COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040702

Approving the Seventh Amendment to the Development Plan submitted by the Forty-Fifth and Main Redevelopment Corporation and authorizing the Director of Finance to enter into a Seventh Supplementary Contract with the Forty-Fifth and Main Redevelopment Corporation. (305-S-8)

WHEREAS, the Forty-Fifth and Main Redevelopment Corporation, an urban redevelopment corporation of Missouri, organized under and pursuant to the Urban Redevelopment Corporations Act of 1945, as amended, on May 4, 1983, filed with the City Clerk an application for approval of a Development Plan, which was approved by the City Council by Ordinance No. 55463, passed August 4, 1983; and

WHEREAS, the Forty-Fifth and Main Redevelopment Corporation filed a First Amendment to its Development Plan and said amendment was approved by Committee Substitute for Ordinance No. 56906; and

WHEREAS, the Forty-Fifth and Main Redevelopment Corporation filed a Second Amendment to its Development Plan which was approved by Committee Substitute for Ordinance No. 62627; and

WHEREAS, the Forty-Fifth and Main Redevelopment Corporation filed a Third Amendment to its Development Plan which was approved by Committee Substitute for Ordinance No. 64941; and

WHEREAS, the Forty-Fifth and Main Redevelopment Corporation filed a Fourth Amendment to its Development Plan which was approved by Ordinance No. 930992; and

WHEREAS, the Forty-Fifth and Main Redevelopment Corporation filed a Fifth Amendment to its Development Plan which was approved by Ordinance No. 981244; and

WHEREAS, the Forty-Fifth and Main Redevelopment Corporation filed a Sixth Amendment to its Development Plan which was approved by Ordinance No. 011455; and

WHEREAS, the Forty-Fifth and Main Redevelopment Corporation filed with the City Clerk an application for a Seventh Amendment to the Development Plan; and

WHEREAS, the City Plan Commission caused notice of the public hearing to be published in The Daily Record, the newspaper doing the City's printing, on August 18, 2003 and on January 19, 2004, such dates being not less than ten (10) days prior to the date set for the hearing; and

WHEREAS, the City Plan Commission did hold a public hearing on the Seventh Amendment on February 17, 2004, at which time all interested persons were given an opportunity to be heard; and

WHEREAS, the City Plan Commission has made an independent study and investigation of the Seventh Amendment and recommended approval of the Seventh Amendment to the Development Plan and submitted a report on the same, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A"; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the application of the Forty-Fifth and Main Redevelopment Corporation for approval of a Seventh Amendment to the Development Plan, filed with the City Clerk, and amended in accordance with recommendations of the City Plan Commission, is hereby incorporated herein by reference and approved as a Seventh Amendment to the Development Plan as originally approved by Ordinance No. 55463, passed August 4, 1983, as amended by Committee Substitute for Ordinance No. 56906, passed August 30, 1984, as further amended by Committee Substitute for Ordinance No. 62627, passed June 23, 1988, as further amended by Committee Substitute for Ordinance No. 64941, passed December 28, 1989, as further amended by Ordinance No. 930992, passed September 23, 1993, as amended by Ordinance No. 981244, passed November 19, 1998, and as further amended by Ordinance No. 011455, passed November 8, 2001. A copy of the application is on file in the office of the City Clerk under Document No. 040702 which is attached hereto and incorporated herein by reference.

Section 2. That the Council finds and declares that good cause has been shown for the approval of the Seventh Amendment to the Development Plan of the Forty-Fifth and Main Redevelopment Corporation and that the findings and declarations made by the Council in Section 2 of Ordinance No. 55463, with respect to the Development Plan of the Forty-Fifth and Main Redevelopment Corporation, have not been affected by the amendment thereto and equally apply to said Development Plan, as amended.

Section 3. That the Council hereby finds and determines that the public convenience and necessity will be served by the Development Plan, as amended.

Section 4. That the Director of Finance be, and he is hereby, authorized and directed on behalf of the City to enter into a Seventh Supplementary Contract with the Forty-Fifth and Main Redevelopment Corporation, a copy of which in substantial form is attached hereto as Exhibit "B" and which is hereby incorporated herein by reference.

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I hereby certify that all public notices and hearings required by Chapter 74, Code of Ordinances, have been given and held.

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Secretary, City Plan Commission

Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney