COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 990421

Accepting the recommendations of the Tax Increment Financing Commission as to the Second Amendment to the Uptown Tax Increment Financing Plan approving the Second Amendment to the Uptown Tax Increment Financing Plan; and designating an expanded Redevelopment Area.

WHEREAS, pursuant to 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"Act"), the City Council of Kansas City, Missouri, by Ordinance No. 54556, passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing Commission of Kansas City, Missouri (the "Commission"); and

WHEREAS, on June 16, 1994, the City of Kansas City, Missouri, adopted the Uptown Tax Increment Financing Plan (the "Redevelopment Plan") by Ordinance No. 940715; and

WHEREAS, on February 6, 1997, the City of Kansas City, Missouri, by Ordinance No. 970083, adopted the First Amendment to the Redevelopment Plan and designated an expanded Redevelopment Area; and

WHEREAS, an amendment to the Redevelopment Plan entitled "The Second Amendment to the Uptown Tax Increment Financing Plan" ("the Second Amendment") affecting the area described therein was proposed to the Commission; and

WHEREAS, the Commission has been duly constituted and its members appointed; and, after all proper notice was given, the Commission met in public hearing and after receiving the comments of all interested persons and taxing districts, closed said public hearing on March 10, 1999, and on March 10, 1999, approved Resolution No. 3-2-99 (the "Resolution") recommending to the City Council the approval of the Second Amendment; and

WHEREAS, the intent of the Second Amendment is to expand the boundaries of the Redevelopment Area, in which fifteen (15) additional Redevelopment Projects are to be completed. The additional Redevelopment Projects are intended to eliminate or reduce those conditions, the existence of which support characterizing the Redevelopment Area, as amended, as a blighted area and to enhance the tax base within such area but are not intended to have any effect on the Redevelopment Projects described in the Redevelopment Plan, as adopted by the City Council pursuant to Ordinance No. 940715 and subsequently amended by Ordinance No. 970083; and

WHEREAS, American Ingredients, Inc. maintains its national headquarters and certain of its operations on real property it owns in the 3900 block of Broadway, a portion of which, identified as 3917 Broadway, is located within the Redevelopment Area of the Plan and the Redevelopment Project Area of Redevelopment Project Area 11 as proposed by the Commission; and

WHEREAS, American Ingredients, Inc. is a valuable corporate citizen of Kansas City, Missouri, and the Midtown area and it is in the best interests of Kansas City to retain American Ingredients, Inc. at that general location; and

WHEREAS, completion of the Project Improvements contemplated by Redevelopment Project 11 would require the relocation of American Ingredients, Inc.s facilities identified as 3917 Broadway, which may not be in the best interest of either American Ingredients, Inc. or Kansas City; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. Except as set forth in Section 7 hereof, the recommendations 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 and the Redevelopment Projects contained therein are hereby authorized.

Section 2. 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.

Section 3. The following-described area is hereby designated a Redevelopment Area:

Beginning at the intersection of the center line of Broadway Avenue and the center line of Knickerbocker Place; thence west along the centerline of Knickerbocker Place 247.5 feet; thence south along a straight line 247.5 feet west of and parallel to the center line of Broadway Avenue to the south lot line of Lot 18, VINEWOOD ADDITION; thence west along the south lot line of Lot 18, VINEWOOD ADDITION to the center line of Pennsylvania Avenue; thence southerly along the centerline of Pennsylvania Avenue to the centerline of Valentine Road; thence east along the centerline of Valentine Road to the northerly extension of the centerline of Washington Street; thence south along the centerline of Washington Street to the westerly extension of a line 75 feet north of and parallel to the south lot line of Lot 7, McGEE PLACE IN WESTPORT; thence east 132.6 feet along a line 75 feet north of and parallel to the south lot line of Lot 7, McGEE PLACE IN WESTPORT; thence south along a line 132.6 feet east of and parallel to the east right-of-way line of Washington Street to the south lot line of Lot 25, McGEE PLACE IN WESTPORT; thence west along the south lot line of Lot 25, McGEE PLACE IN WESTPORT to the centerline of Washington Street; thence south along the centerline of Washington Street to the westerly extension of the south lot line of Lot 24, McGEE PLACE IN WESTPORT; thence east along the south lot line of Lot 24, McGEE PLACE IN WESTPORT and its extension to a point 13 feet west of and parallel to the west lot line of Lot 12, McGEE PLACE IN WESTPORT; thence south along a line 13 feet west of and parallel to the west lot line of Lot 12, McGEE PLACE IN WESTPORT, to the south lot line of Lot 23, McGEE PLACE IN WESTPORT; thence east along the south lot line of Lot 23, McGEE PLACE IN WESTPORT, to the west lot line of Lot 12, McGEE PLACE IN WESTPORT; thence south along the west lot line of Lots 13, 14 and 15, McGEE PLACE IN WESTPORT to the south line of said Lot 15, McGEE PLACE IN WESTPORT; thence east along the south lot line of Lot 15, McGEE PLACE IN WESTPORT to the west right-of-way line of Broadway Avenue; thence south along the west right-of-way line of Broadway to the center line of 38th Street; thence west along the center line of 38th Street to the center line of Washington Street; thence south along the center line of Washington Street to the westerly extension of a line 50 feet north of and parallel to the south lot line of Lot 5, A B H McGEES ADDITION; thence east 81.5 feet along a line 50 feet north of and parallel to the south lot line of Lot 5, A B H McGEES ADDITION; thence south 40 feet along a line 81.5 feet east of and parallel to the west lot line of Lot 5, A B H McGEES ADDITION; thence west along a line 10 feet north of and parallel to the south lot line of Lot 5, A B H McGEES ADDITION to the center line of Washington Street; thence south along the center line of Washington Street to the center line of 39th Street; thence east along the center line of 39th Street to the center line of Broadway Avenue; thence north along the centerline of Broadway to the westerly extension of the south lot line of Lot 17, Block 24, HYDE PARK; thence east along the south lot line of Lot 17, Block 24, HYDE PARK, to the east lot line of Lot 17, Block 24, HYDE PARK; thence north along the east lot line of Lots 17 through 23, inclusive, of Block 24, HYDE PARK to the south lot line of Lot 1, Block 24, HYDE PARK; thence east along the south lot line of Lot 1, Block 24, HYDE PARK, to the center line of Central Street; thence north along the center line of Central Street to the center line of 36th Street; thence west along the center line of 36th Street to the center line of Broadway Avenue; thence north along the center line of Broadway Avenue to the point of beginning, all included in and a part of Kansas City, Jackson County, Missouri.

Section 4. 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 Ordinance No. 940715 and Ordinance No. 970083 with respect to the Redevelopment Plan, as amended, are not affected by the Second Amendment and apply equally to said Second Amendment.

B. The Redevelopment Area described in the Second Amendment is a blighted area, as defined in Section 99.805(1) of the Act in the following respects:

a. A predominance of inadequate street layout and unsanitary conditions;

b. A deterioration of site improvements.

C. The amended Redevelopment Area, as a 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 Redevelopment Plan and such fact is acknowledged in an affidavit included in the Redevelopment Plan, as amended, as Exhibit 14 thereto.

D. The Redevelopment Area, as amended, includes only those parcels of real property directly and substantially benefitted by the proposed Redevelopment Projects.

E. The Redevelopment Area, as amended, and the Second Amendment conforms to the plan for the redevelopment of the City as a whole.

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, as amended, 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 economic impact of the Second Amendment on each taxing district at least partially within the boundaries of the Redevelopment Area, as amended, has been prepared.

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

Section 5. Except as set forth in Section 7 hereof, the Commission is authorized to issue obligations in one or more series of bonds secured by the Uptown 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 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 6. Pursuant to the provisions of the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into the Uptown 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.

Section 7. The Commission is hereby urged to take such steps as are necessary to revise Redevelopment Project 11 so as to reasonably accommodate the best interests of American Ingredients, Inc. and the overall objectives of the Plan, and to submit such revised Redevelopment Project 11 to the City Council for approval, and to institute no actions or other proceeding to acquire such property prior to such approval. The Commission is also authorized and urged to take all such actions as may be necessary or convenient, consistent with statutory and policy considerations, to assist or accommodate American Ingredients, Inc. in its future business requirements to ensure the retention thereof in its present location.

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Approved as to form and legality:

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Assistant City Attorney