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Legislation #: 910047 Introduction Date: 1/10/1991
Type: Ordinance Effective Date: 4/28/1991
Sponsor: COUNCILMEMBER WEBER
Title: Repealing Ordinance No. 63830 with respect to the Universal Flood Protection Tax Increment Financing Plan; accepting the recommendations of the Tax Increment Financing Commission as to the Universal Floodwater Detention Tax Increment Financing Plan; declaring the redevelopment plan area a blighted area; approving the Universal Floodwater Detention Tax Increment Financing Plan; approving and designating a redevelopment project area (Phase I); adopting tax increment financing with respect to said redevelopment project area; approving Universal Land Development Co., Ltd. as the developer; approving an agreement with the Tax Increment Financing Commission of Kansas City, Missouri; authorizing the execution of a development contract; and designating the Director of Finance as requisitioning authority.

Legislation History
DateMinutesDescription
4/18/1991

Waive Charter Requirements City Council

1/9/1991

Prepare to Introduce

1/10/1991

Referred Plans And Zoning Committee

1/16/1991

Hold On Agenda

1/23/1991

Hold On Agenda

2/6/1991

Hold On Agenda

2/13/1991

Do Pass as a Committee Substitute

2/14/1991

Assigned Third Read Calendar as Substituted

2/21/1991

Amended

2/21/1991

Passed as Substituted and Amended

3/14/1991

Reconsidered

3/14/1991

Assigned to Third Read Calendar

3/21/1991

Held on Docket

3/28/1991

Held on Docket

4/4/1991

Re-Referred Plans And Zoning Committee

4/17/1991

Do Pass Committee Substitute as Amended

4/18/1991

Passed as Substituted and Amended


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 910047, AS AMENDED

 

Repealing Ordinance No. 63830 with respect to the Universal Flood Protection Tax Increment Financing Plan; accepting the recommendations of the Tax Increment Financing Commission as to the Universal Floodwater Detention Tax Increment Financing Plan; declaring the redevelopment plan area a blighted area; approving the Universal Floodwater Detention Tax Increment Financing Plan; approving and designating a redevelopment project area (Phase I); adopting tax increment financing with respect to said redevelopment project area; approving Universal Land Development Co., Ltd. as the developer; approving an agreement with the Tax Increment Financing Commission of Kansas City, Missouri; authorizing the execution of a development contract; and designating the Director of Finance as requisitioning authority.

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WHEREAS, 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"), authorizes municipalities to undertake redevelopment projects in blighted, conservation or economic development areas, as defined in the Act; and

 

WHEREAS, the City Council of Kansas City, Missouri, by Ordinance No. 54556 passed on November 24, 1982, 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

 

WHEREAS, on February 8, 1989, the Commission adopted its resolution approving a plan entitled "Universal Flood Protection Tax Increment Financing Plan" (the "1989 Redevelopment Plan"), calling for redevelopment of an area generally bordered by Reynolds Avenue on the west, the south bank of the Missouri River levee on the north, Interstate 435 on the east and Executive Drive on the south, as described in the 1989 Redevelopment Plan and recommending to the City Council that the City Council approve the 1989 Redevelopment Plan; and

 

WHEREAS, on May 11, 1989, the City Council passed Ordinance No. 63830, wherein the City Council approved the 1989 Redevelopment Plan, designated the area described therein as a redevelopment project area and adopted tax increment financing; and

 

WHEREAS, the Commission has determined that the redevelopment projects described in the 1989 Redevelopment Plan are not feasible at this time, and on November 14, 1990, the Commission adopted a resolution (attached as Exhibit "A") rescinding the 1989 Redevelopment Plan and the designation of the area described therein as a redevelopment project area and recommending that the City Council rescind the 1989 Redevelopment Plan and the designation of the area described therein as a redevelopment project area and repeal Ordinance No. 63830; and

 

WHEREAS, the Commission has endorsed a revised redevelopment plan entitled "Universal Floodwater Detention Tax Increment Financing Plan" (the "1990 Redevelopment Plan"), calling for redevelopment of an area bordered by Reynolds Avenue on the west, the south bank of the Missouri River on the north, Interstate 435 on the east and Front Street on the south, as legally described in Exhibit B attached hereto (the "Redevelopment Plan Area") and consisting of several redevelopment projects, located in separate redevelopment project areas (the "Redevelopment Project Areas") known as Phase I Redevelopment Project Area, Phase II Redevelopment Project Area, and so forth; and

 

WHEREAS, after proper notice was given, the Commission met in public hearing on October 24, 1990 and continued to November 14, 1990, and received the comments of all interested parties and taxing districts affected by the 1990 Redevelopment Plan; and

 

WHEREAS, after due deliberation, the Commission adopted its resolution recommending that the City Council approve the 1990 Redevelopment Plan, that the City Council designate certain Redevelopment Project Areas therein pursuant to the development schedule set forth in the 1990 Redevelopment Plan, and that the City Council adopt tax increment financing with respect to the Phase I Redevelopment Project Area; and

 

WHEREAS, the City and the Commission propose to enter into an agreement for the implementation of the 1990 Redevelopment Plan; and

 

WHEREAS, the Commission has received and reviewed the proposal of Universal Land Development Co., Ltd. to act as developer to carry out the intent of the 1990 Redevelopment Plan; and

 

WHEREAS, after due deliberation, the Commission adopted its resolution recommending to the City Council that Universal Land Development Co., Ltd. be selected as the private developer to redevelop and rehabilitate the Redevelopment Plan Area in accordance with the 1990 Redevelopment Plan; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Ordinance No. 63830, passed by the City Council on May 11, 1989, is hereby repealed in its entirety including the designation of the area described in the 1989 Redevelopment Plan as a Redevelopment Project Area.

 

Section 2. That the recommendations of the Commission as set forth in the resolutions, attached hereto and incorporated herein by reference, as Exhibits "C" and "D" are hereby accepted.

 


Section 3. That the City Council hereby finds that:

 

(a) The Redevelopment Plan Area, more specifically

described as follows:

 

All that part of Section 24 and Section 25, Township 50, Range 33, in the City of Kansas City, Jackson County, Missouri, described as follows: Beginning at the Northeast corner of EXECUTIVE PARK, TWENTY-FIRST PLAT, a subdivision of land in said city, county and state, said point being on the North right of way line of Commerce Avenue; thence North 8744'03" West, along the North right of way of said Commerce Avenue, a distance of 421.25 feet to a point of curvature; thence along a curve to the right, the previous course being tangent thereto, radius of said curve being 13.00 feet, with a central angle of 9025'44", an arc distance of 20.52 feet, to a point on the Easterly right of way line of Universal Avenue, as now established; thence North 241'41" East (the following courses being along said Universal Avenue right of way), a distance of 1029.78 feet; thence North 215'57" East, a distance of 73.55 feet, to a point of curvature; thence along a curve to the right, the previous course being tangent thereto, radius of said curve being 609.00 feet, with a central angle of 2300'00", an arc distance of 244.47 feet; thence North 2515'57" East, a distance of 68.03 feet, to a point of curvature; thence along a curve to the right, the previous course being tangent thereto, radius of said curve being 50.00 feet, with a central angle of 9000'00", an arc distance of 78.54 feet, to a point on the Southerly right of way line of Universal Plaza Drive, (now Corporate Drive), as established by Executive Park, Fifth Plat; thence South 6444'03" East, (the following courses being along said Southerly right of way of Corporate Drive), a distance of 269.00 feet, to a point of curvature; thence along a curve to the left, the previous course being tangent thereto, radius of said curve being 330.00 feet, with a central angle of 5515'00", an arc distance of 318.22 feet; thence North 6000'57" East, a distance of 77.00 feet, to a point of curvature; thence along a curve to the right, the previous course being tangent thereto, radius of said curve being 280.00 feet, with a central angle of 6200'00", an arc distance of 302.99 feet; thence South 5759'03" East, a distance of 40.24 feet; thence North 3200'57" East, departing the Southerly right of way line of said Corporate Drive, a distance of 206.12 feet; thence North 1421'17" West, a distance of 169.29 feet; thence North 2259'24" West, a distance of 75.00 feet to
a point on the Westerly line of Tract "A" of said Executive Park, Fifth Plat, said point being on a curve; (the following courses being along the Westerly line of said Tract "A"); thence along a curve to the left, the initial tangent to which bears North 6700'36" East, radius of said curve being 280.00 feet, with a central angle of 3944'45", an arc distance of 194.23 feet, to a point of reverse curvature; thence along a curve to the right, the initial tangent to which bears North 2715'57" East, radius of said curve being 270.00 feet, with a central angle of 3600'00", an arc distance of 169.65 feet, to a point of reverse curvature; thence along a curve to the left, the initial tangent to which bears North 6315'57" East, radius of said curve being 205.00 feet, with a central angle of 4518'58", an arc distance of 162.13 feet, thence South 7202'58" East, along the Northerly line of said Tract "A", a distance of 75.00 feet; thence South 8835'23" East, continuing along said Northerly line, a distance of 15.55 feet; thence South 124'37" West, a distance of 107.00 feet; thence South 8835'23" East, a distance of 132.50 feet; thence North 5539'23" East, a distance of 30.8 feet; thence South 8835'23" East, a distance of 18.00 feet; thence North 124'37" East, a distance of 68.00 feet; thence North 8835'23" West, a distance of 18.00 feet; thence North 124'37" East, a distance of 18.00 feet; thence North 8835'23" West, a distance of 126.00 feet; thence South 124'37" West, a distance of 18.00 feet; thence North 8835'23" West, a distance of 6.50 feet; thence North 124'37" East, a distance of 21.00 feet, to a point on the Northerly line of said Tract "A"; thence South 8835'23" East, a distance of 168.50 feet, to a point of curvature; said point being on the Westerly right of way line of aforementioned Corporate Drive; thence along a curve to the right, the initial tangent to which bears North 1626'32" East, radius of said curve being 231.38 feet, with a central angle of 1451'16", an arc distance of 60.00 feet, to a point of reverse curvature; thence along a curve to the left, the initial tangent to which bears North 3117'48" East, radius of said curve being 170.00 feet, with a central angle of 2953'11", an arc distance of 88.67 feet; thence North 124'37" East, a distance of 226.00 feet; to a point on the Westerly right of way line of Executive Drive, as established by Executive Park, Sixth Plat; thence along a curve to the left (the following courses being the Westerly and Southerly right of way line of Executive Drive), the previous course being tangent thereto, radius of said curve being 170.00 feet, with a central angle of 7000'00", an arc distance of 207.69 feet; thence North
6835'23" West, a distance of 152.79 feet, to a point of curvature, thence along a curve to the right, the previous course being tangent thereto, radius of said curve being 230.00 feet, with a central angle of 5051'20", an arc distance of 204.14 feet; thence North 1744'03" West, a distance of 126.51 feet, to a point of curvature; thence along a curve to the left, the previous course being tangent thereto, radius of said curve being 170.00 feet, with a central angle of 7000'00", an arc distance of 207.69 feet, thence North 8744'03" West, along the North line of said Tract "A-A" of said Sixth Plat and the North line of Tract "A", EXECUTIVE PARK, THIRTEENTH PLAT, said North line being the Southerly right of way line of Executive Drive as established by said plats, a distance of 1140.72 feet; thence North 215'57" East, a distance of 60.00 feet to a point of curvature; thence along a curve to the right, the tangent to which bears North 8744'03" West, radius of said curve being 22.00 feet, with a central angle of 9000'00", an arc distance of 34.56 feet; thence North 8744'03" West, a distance of 150.00 feet, thence South 215'57" West, along the Westerly right of way line of Universal Avenue, as established by Executive Park, Thirteenth Plat, a distance of 395.90 feet to a point of curvature; thence along a curve to the left, along said right of way line, the previous course being tangent thereto, radius of said curve being 730.83 feet, with a central angle of 240'05", an arc distance of 34.03 feet; thence North 8744'32" West, along the North line of Lots C and B, said EXECUTIVE PARK, TWENTY-FIFTH PLAT, a distance of 575.54 feet, to the right of way line of the Deramus Avenue cul-de-sac, as now established; thence Northwesterly, Westerly and Southwesterly, along said right of way line, along a curve to the left, the initial tangent to which bears North 257'29" West, radius of said curve being 55.00 feet, with a central angle of 14143'42" and arc distance of 136.05 feet to a point on the North right of way line of said Deramus Avenue; thence North 8744'32" West, along the North right of way line of said Deramus Avenue, a distance of 126.50 feet; thence Westerly and Northerly, along a curve to the right, radius of said curve being 12.00 feet, with a central angle of 9000'29" and arc distance of 18.85 feet to the East right of way line of Reynolds Avenue, as established by Executive Park, Twentieth Plat; thence North 215'57" East along the East right of way line of said Reynolds Avenue, a distance of 1523.13 feet, to a point of curvature; thence along a curve to the right, the previous course being tangent thereto, radius of said
curve being 12.00 feet, with a central angle of 9000'00", an arc distance of 18.85 feet, to a point on the South right of way line of Stilwell Street, as established by Executive Park, Twenty-Third Plat; thence South 8744'03" East, along said South right of way line, a distance of 522.05 feet; thence North 215'57" East, along the East line of Tract "B" and its extension of said Executive Park, Twenty-Third Plat, a distance of 956.77 feet, to a point on the South right of way of the Missouri River Levee right of way, as now established; thence North 8602'43" East, along said Levee right of way, a distance of 108.10 feet; thence North 8443'02" East, continuing along said Levee right of way, a distance of 295.44 feet, to a point of curvature; thence along a curve to the right, along said Levee right of way, the initial tangent to which bears North 8828'10" East, radius of said curve being 5941.22 feet, with a central angle of 032'18", an arc distance of 55.82 feet, to a point on an existing Railroad right of way line, recorded as Document No. K-500318 in Book K-1101 at Page 1076; thence South 215'57" West, along said right of way line, a distance of 35.00 feet; thence South 8744'03" East, along said right of way line, a distance of 30.00 feet; thence South 6658'53" East, along said right of way line, a distance of 110.00 feet, to a point of curvature; thence along a curve to the right, along said right of way line, the initial tangent to which bears South 8944'12" East, radius of said curve being 5861.22 feet, with a central angle of 1112'51", an arc distance of 1147.17 feet, to a point of curvature; thence along a curve to the right, along said right of way line, the initial tangent to which bears South 8937'50" East, radius of said curve being 2877.87 feet, with a central angle of 444'58", an arc distance of 238.55 feet, to a point of curvature; thence along a curve to the right, along said right of way line, the initial tangent to which bears South 8452'52" East, radius of said curve being 1025.00 feet, with a central angle of 1027'11", an arc distance of 187.00 feet, to a point of curvature; thence along a curve to the right, along said right of way line, the initial tangent to which bears South 7425'41" East, radius of said curve being 5916.22 feet, with a central angle of 039'27", an arc distance of 67.88 feet, to a point on the West right of way line of Interstate Highway No. 435, as now established; thence South 124'37" West, along the West right of way line of said Interstate Highway No. 435, a distance of 2759.75 feet; thence North 8835'23" West, a distance of 5.41 feet to a point of curvature, said point being on the Easterly right of way line of aforementioned Corporate
Drive; thence along a curve to the right, the initial tangent to which bears South 124'37" West, radius of said curve being 230.00 feet, with a central angle of 2953'11", an arc distance of 119.97 feet to a point of reverse curvature; thence along a curve to the left, the initial tangent to which bears South 3117'48" West, radius of said curve being 171.38 feet, with a central angle of 5946'22", an arc distance of 178.79 feet to a point of reverse curvature; thence along a curve to the right, the initial tangent to which bears South 2828'34" East, radius of said curve being 230.00 feet, with a central angle of 2953'11", an arc distance of 119.97 feet; thence South 8835'23" East, a distance of 5.41 feet to a point on the Westerly right of way line of aforementioned Interstate Highway No. 435; thence South 124'37" West, a distance of 944.00 feet; thence South 802'46" West, along said West right of way, a distance of 797.04 feet; thence South 015'39" West, continuing along said West right of way line, a distance of 485.30 feet; thence South 2716'34" West, continuing along said West right of way, a distance of 133.04 feet, to a point on the North right of way of Front Street, as now established; thence North 8742'53" West, along said North right of way, a distance of 252.06 feet, to the Southeast corner of Executive Park, Thirty-Fourth Plat, thence North 215'57" East, along the East line of said Executive Park, Thirty-Fourth Plat, a distance of 210.00 feet, to the Northeast corner thereof; thence North 8742'53" West, along the North line of said Executive Park, Thirty-Fourth Plat, a distance of 260.00 feet, to the Northwest corner thereof; thence South 215'57" West, along the West line of said Executive Park, Thirty-Fourth Plat, a distance of 210.00 feet, to the Southwest corner thereof, said point being on the North right of way of said Front Street thence North 8742'53" West, along said North right of way, a distance of 570.71 feet; thence North 8743'23" West, continuing along said North right of way line, a distance of 230.79 feet; thence North 215'57" East, along the extension of and the East line of aforementioned Tract "B" of Executive Park, Twenty- First Plat, a distance of 437.25 feet to the Point of Beginning, containing 9,479,440.64 square feet or 217.62 acres, more or less.

 

on the whole is a blighted area;

 

(b) The Redevelopment Plan Area on the whole 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 1990 Redevelopment Plan;

 

(c) The 1990 Redevelopment Plan conforms to the

comprehensive plan for the development of the City as a whole;

 

(d) The estimated dates, which shall not be more than 23

years from the adoption of the respective ordinances approving the Redevelopment Project Areas, of completion of each redevelopment project and retirement of obligations incurred to finance development project costs have been stated in the 1990 Redevelopment Plan; and

 

(e) A plan has been developed and included in the 1990

Redevelopment Plan for the relocation assistance of businesses and residents.

 

Section 4. That the 1990 Redevelopment Plan, attached hereto and incorporated herein by reference as Exhibit "E", is hereby approved and adopted as a valid Redevelopment Plan, subject to the following conditions:

 

1. That line item costs for water main extension (#9) and sanitary sewer extension (#10) and railroad lead track be

removed as reimbursable project costs.

 

2. That a master drainage plan for Executive Park be prepared in accordance with the standards of the Public

Works Department.

 

3. That the property described above be platted in accordance with the provisions of Chapter 31, Code of

General Ordinances, commonly known as the Subdivision

Regulations.

 

4. That the property described above be rezoned to District URD.

 

5. That the line item costs associated with flood control and site drainage as set forth in Exhibit 7, Item 2, be

certified by a registered engineer as directly

contributing to removing storm water from the site and

alleviation of the flooding situation.

 

Section 5. That all terms used in this ordinance shall be construed as defined in the Act.

 

Section 6. That the City Council hereby designates the Phase I Redevelopment Project Area as a redevelopment project area. Each subsequent Redevelopment Project Area will be approved by separate ordinance.

 


Section 7. That tax increment allocation financing is hereby adopted for the Phase I Redevelopment Project Area, as legally described as:

 

All of Lot "A", EXECUTIVE PARK TWENTY-FIFTH PLAT, A REPLAT OF LOT "A", a subdivision of land in the City of Kansas City, Jackson County, Missouri, containing 324,592.19 square feet or 7.45 acres, more or less.

 

After the total equalized assessed valuation of the taxable real property in the Phase I Redevelopment Project Area exceeds the certified total initial equalized assessed value of all taxable real property in the Phase I Redevelopment Project Area, the ad valorem taxes and payments in lieu of taxes, if any, arising from the levies upon taxable real property in the Phase I Redevelopment Project Area by taxing districts and tax rates determined in the manner provided in Subsection 2 of Section 99.855 of the Act, each year after the effective date of this ordinance until redevelopment project costs have been paid, shall be divided as follows:

 

(a) That portion of taxes levied upon each taxable lot,

block, tract, or parcel of real property which is attributable to the initial equalized assessed value of each such taxable lot, block, tract, or parcel of real property in the Phase I Redevelopment Project Area shall be allocated to and, when collected, shall be paid by the County Collector and City Treasurer to the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing;

 

(b) Payments in lieu of taxes attributable to the

increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in the Phase I Redevelopment Project Area over and above the initial equalized assessed value of each such unit of property in the Phase I Redevelopment Project Area shall be allocated to and, when collected, shall be paid to the City Treasurer who shall deposit such payments in lieu of taxes into the Special Allocation Fund of the City for the purpose of paying redevelopment project costs and obligations incurred in the payment thereof.

 

Section 8. That, in addition to the payments in lieu of taxes described above, fifty percent of the total funds from taxes imposed by the City, or other local taxing districts, which are generated by operations and activities within the Phase I Redevelopment Project Area, while tax increment financing remains in effect for such redevelopment project area, excluding licenses, fees or special assessments other than payments in lieu of taxes, shall be allocated to, and when collected shall be paid to, the
City Treasurer, who shall deposit such funds in the Special Allocation Fund. The specific taxes to which this Section applies shall be more specifically designated in the agreement referenced in Section 10 hereof.

 

Section 9. That the proposal of Universal Land Development Co., Ltd. is acceptable and the Commission is authorized to enter into all necessary agreements with Universal Land Development Co., Ltd. to effectuate the purposes of the 1990 Redevelopment Plan.

 

Section 10. That the Director of Finance is authorized to enter into an agreement, on behalf of the City, with the Commission providing for implementation of the 1990 Redevelopment Plan in substantially the form as attached hereto and incorporated herein by reference as Exhibit "G".

 

_____________________________________________

 

 

Approved as to form and legality:

 

 

 

__________________________________

Assistant City Attorney