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Legislation #: 040621 Introduction Date: 6/3/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission of Kansas City as to the Fourth Amendment to the KCI Corridor Tax Increment Financing Plan; approving the Fourth Amendment to the KCI Corridor Tax Increment Financing Plan; designating an expanded Redevelopment Area.

Legislation History
DateMinutesDescription
6/3/2004

Prepare to Introduce

6/3/2004

Referred Planning, Zoning & Economic Development Committee

6/9/2004

Advance and Do Pass

6/10/2004

Passed


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ORDINANCE NO. 040621

 

Accepting the recommendations of the Tax Increment Financing Commission of Kansas City as to the Fourth Amendment to the KCI Corridor Tax Increment Financing Plan; approving the Fourth Amendment to the KCI Corridor Tax Increment Financing Plan; 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"Act"), the City Council of Kansas City, Missouri, by Ordinance No. 54556 passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing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, 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 February 10, 1999, and on February 10, 1999, approved Resolution No. 2-1-99 (the "Resolution") recommending to the City Council the approval of the KCI Corridor Tax Increment Financing Plan (the Plan"); and

 

WHEREAS, in Ordinance No. 990256, the Council accepted the recommendations of the Tax Increment Financing Commission of Kansas City (Commission) and approved the KCI Corridor Tax Increment Financing Plan; and

 

WHEREAS, a first amendment to the Plan (First Amendment) was proposed to the Commission and the Commission, having been duly constituted and its members appointed, after proper notice was given, met in public hearing, on April 12, 2000, and April 12, 2004, and after receiving the comments of all interested persons and taxing districts, closed the public hearings; and

WHEREAS, the First Amendment, clarifying the procedures for acquisition of property necessary for construction of street and intersection improvements, was approved by the Commission on April 12, 2000, and April 12, 2004; and

 

WHEREAS, in Ordinance No. 040618, the Council accepted the recommendations of the Tax Increment Financing Commission of Kansas City (Commission) as to and approved the First Amendment to the KCI Corridor Tax Increment Financing Plan; and

 

WHEREAS, a second amendment to the Plan (Second Amendment) was proposed to the Commission and the Commission, having been duly constituted and its members appointed, after proper notice was given, met in public hearing, on September 12, 2001, and after receiving the comments of all interested persons and taxing districts, closed the public hearings; and

 

WHEREAS, the Second Amendment, clarifying the procedures for collection and distribution of surplus payments in lieu of taxes, was approved by the Commission on September


12, 2001, by Resolution No. 09-03-01; and

 

WHEREAS, in Ordinance No. 040619, the Council accepted the recommendations of the Tax Increment Financing Commission of Kansas City (Commission) as to and approved the Second Amendment to the KCI Corridor Tax Increment Financing Plan; and

 

WHEREAS, a third amendment to the Plan (Third Amendment) was proposed to the Commission and the Commission, having been duly constituted and its members appointed, after proper notice was given, met in public hearing, on January 14, 2004, and April 12, 2004, and after receiving the comments of all interested persons and taxing districts, closed the public hearings; and

WHEREAS, the Third Amendment, providing for revisions to road improvements within the Plan, was approved by the Commission on January 14, 2004, and April 12, 2004; and

 

WHEREAS, in Ordinance No. 040620, the Council accepted the recommendations of the Tax Increment Financing Commission of Kansas City (Commission) as to and approved the Third Amendment to the KCI Corridor Tax Increment Financing Plan; and

 

WHEREAS, a fourth amendment to the Plan (Fourth Amendment) was proposed to the Commission and the Commission, having been duly constituted and its members appointed, after proper notice was given, met in public hearing, on January 14, 2004, and April 12, 2004, and after receiving the comments of all interested persons and taxing districts, closed the public hearings; and

WHEREAS, the Fourth Amendment, expanding the Redevelopment Area and provide for increased Commission expenses, was approved by the Commission on January 14, 2004, and April 12, 2004; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations of the Commission concerning the Fourth Amendment as set forth in the Resolution attached hereto as Exhibit A are hereby accepted and the Fourth Amendment, a copy of which is attached hereto as Exhibit B, is hereby approved.

 

Section 2. All terms used in this ordinance, not otherwise defined herein, shall be construed as defined in the Real Property Tax Increment Allocation Redevelopment Act, Sections 99,800 to 99.865, RSMo.

 

Section 3. That the following described tract is hereby designated a Redevelopment Area:

The redevelopment area is an irregularly shaped area generally bound by Tiffany Springs Parkway on the North, Barry Road on the South, Interstate 29 on the West, and N.W. Skyview Avenue and the East Line of the Southwest Quarter of Section 6, Township 51, Range 33, on the East in Kansas City, Platte County, Missouri, and more specifically described as follows:

Beginning at the intersection of the centerline of Tiffany Springs Parkway, as it now exists, and the centerline of N.W. Skyview Avenue, as it now exists; thence south along the centerline of N.W. Skyview Avenue to a point on the north line of the Northwest Quarter of Section 6, Township 51, Range 33; thence continuing south along the centerline of N.W. Skyview Avenue a distance of 1418.86 feet to a point perpendicular to the Northwest Corner of Tract 1, Tiffany Springs, Case No. 9831-GP-11, a Planned Development in Kansas City, Platte County, Missouri; thence perpendicular to the last described course a distance of 35.00 feet to the easterly right-of-way line of Skyview Avenue, said point being the Northwest Corner of Tract 1 as shown on the Amended Preliminary Development Plan of Tiffany Springs, Dated May 28, 2003; thence easterly along the north line of Tract 1 on a curve to the left, having a radius of 1091.00 feet, an arc length of 614.18 feet; thence continuing north along the north line of Tract 1 a distance of 131.66 feet; thence continuing easterly and southerly along a curve to the right, being tangent to the last described course, having a radius of 1091.00 feet, and arc length of 2093.48 feet to a point on the South Line of the Northwest Quarter of Section 6, Township 51, Range 33; thence east along the North Line of the Southwest Quarter of Section 6, Township 51, Range 33; and the North Line of the Northwest Quarter of the Southeast Quarter of Section 6, Township 51, Range 33 to the East Line of the Northwest Quarter of the Southeast Quarter of Section 6, Township 51, Range 33; thence South along the East Line of the Northwest Quarter of the Southeast Quarter of Section 6, Township 51, Range 33 to the centerline of Missouri Highway 52 as it now exists; thence west along the centerline of Missouri Highway Route 152 to the East Line of the Southwest Quarter of Section 6, Township 51, Range 33; thence south along the East Line of the Northwest Quarter of Section 7, Township 51, Range 33 to the Easterly Extension of the North Lot Line of Lot 1, Boardwalk Square 2nd Plat; thence N 90 degrees 00 minutes 00 seconds West on the North Line of said Lot 1, 295.00 feet to the Northwest Corner of said Lot 1; thence South 00 Degrees 34 minutes 35 seconds West on the West Line of Said Lot 1, 265.00 feet to the North Line of Lot 8, Boardwalk Square; thence North 90 degrees 00 minutes 00 seconds West on said North Line, 264.55 feet; thence South 51 degrees 30 minutes 00 seconds West on said North Line, 208.83 feet; thence North 90 degrees 00 minutes 00 seconds West on the North Line of Lots 7 and 8 Boardwalk Square, 493.39 feet; thence North 69 degrees 24 minutes 02 seconds West, 284.23 feet to an angle point on the North Line of said Lot 7; thence North 90 degrees 00 minutes 00 seconds West on said North Line and its westerly prolongation to the centerline of Interstate 29; thence north and northwesterly along the centerline of Interstate 29 to the intersection with the southwesterly extension of the northwest Lot Line of Lot 12J, Block 12, Executive Hills North Blocks 12 and 26, to the northeastern Lot Line of Lot 12J, Block 12, Executive Hills North Blocks 12 and 26; thence southeasterly a distance of 138.27 feet along the northeasterly Lot Line of Lot 12J, Block 12, Executive Hills North Blocks 12 and 26. to the Northwestern Lot Line of Lot 12H, Block 12, Executive Hills North Blocks 12 and 26; thence northeasterly along the Northwestern Lot Line of Lot 12H, Block 12, Executive Hills North Blocks 12 and 2, to the Northern Lot


Line of Lot 12H, Block 12, Executive Hills North Blocks 12 and 2; thence southeasterly and northeasterly along the northern Lot Line of Lot 12H, Block 12, Executive Hills North Blocks 12 and 2, to the centerline of N. Executive Hills Boulevard as it now exists; thence northwesterly and northeasterly to the centerline of Tiffany Spring Parkway; thence east along the centerline of Tiffany Springs Parkway, to the Point of Beginning, said point being the intersection of the centerline of Tiffany Springs Parkway and the centerline of N.W. Skyview Avenue, now all included in and a part of Kansas City, Missouri.

 

 

Section 4. The City Council hereby finds that good cause has been shown for the amendment of the Plan and that the findings of the Council in Ordinance Nos. 990256, 040618, 040619 and 040620 are not affected by the Fourth Amendment and apply equally to the Fourth Amendment.

 

Section 5. In accordance with the recommendations of the Commission as set forth in the Resolution, the City Council hereby finds that:

 

A. The Redevelopment Area as a whole is an economic development area, as defined in Section 99.805(5) of the Act and has not been subject to growth and development through investment by private enterprise. It is undeveloped ground. The lack of sufficient street improvements and interchanges has inhibited the development of the Redevelopment Area.

 

B. The Amendment conforms to the comprehensive plan for the development of the City as a whole.

 

C. The areas selected for Redevelopment Projects include only those parcels of real property and improvements thereon which will be directly and substantially benefitted by the Redevelopment Project Improvements.


D. The estimated dates of completion of the Redevelopment Projects and retirement of obligations incurred to finance Redevelopment Project Costs have been stated in the Amendment and are not more than 23 years from the adoption of any ordinance approving a Redevelopment Project within the Redevelopment Area.

 

E. The Amendment includes a plan for relocation assistance for businesses and residences.

 

F. A cost-benefit analysis showing the impact of the Amendment on each taxing district which is at least partially within the boundaries of the Redevelopment Area has been prepared in accordance with the Act.

 

G. The Amendment does not include the initial development or redevelopment of any gambling establishment.

Section 6. The Commission is authorized to issue obligations in one or more series of bonds secured by the KCI Corridor Tax Increment Plan 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 7. The City Council approves the pledge of all funds that are deposited into the KCI Corridor Tax Increment Financing Plan 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.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Heather A. Brown

Assistant City Attorney