ORDINANCE NO. 030254

Approving a First Amendment to the Amended and Restated 353" Development Plan submitted by the Phoenix Redevelopment Corporation for the Union Hill 353" project on an approximately 52 acre tract of land generally bounded by E. 28th Street and E. 29th Street on the north, Gillham Road on the east, E. 31st Street on the south and Main Street and Warwick Trafficway on the west; authorizing the Director of Finance to enter into a revised contract with the Phoenix Redevelopment Corporation; and reauthorizing certain tax abatement within the plan area.

WHEREAS, the Phoenix Redevelopment Corporation, an urban redevelopment corporation organized under and pursuant to the Urban Redevelopment Corporations Law and amendments thereto, file with the City Clerk an application for the approval of a 353" development plan which was approved by the City Council by Committee Substitute for Ordinance No. 61877, As Amended, passed December 17, 1987; and

WHEREAS, the Phoenix Redevelopment Corporation did file with the City Clerk an application for a First Amendment to the Amended and Restated 353" Development Plan on September 27, 1999, and revised on August 23, 2002 and January 20, 2002; and

WHEREAS, the City Clerk did refer said application for the amendment to the development plan to the City Plan Commission; and

WHEREAS, the City Plan Commission did cause to be published in The Pulse, a newspaper doing the City's printing, on September 16, 2002, that date being not less than ten (10) days prior to the date set for the hearing, notice of the public hearing on said amended 353" development plan; and

WHEREAS, said City Plan Commission did hold a public hearing on said amended 353" development plan on November 19, 2002; and

WHEREAS, at the public hearing conducted by the City Plan Commission, all interested persons were given an opportunity to be heard at said public hearing; and

WHEREAS, the City Plan Commission has made a study and investigation of the proposed amended 353" development plan and did, on November 19, 2002, recommend approval of the First Amendment to the Amended and Restated 353" Development Plan and did submit a report of 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 First Amendment to the Amended and Restated 353" Development Plan for the Phoenix Redevelopment Corporation, a copy of which is on file in the office of the City Clerk under Document No. 030254, which is attached hereto and incorporated herein by reference, is

hereby approved.

Section 2. That the Council hereby finds and declares that good cause has been shown for the approval of the First Amendment to the Amended and Restated 353" Development Plan of the Phoenix Redevelopment Corporation and that the findings and declarations made by the Council in Sections 2, 4 and 5 of Ordinance No. 961178 with respect to the Development Plan have not been affected by the amendments thereto and equally apply to said Development Plan, as amended.

Section 3. That the Director of Finance is hereby, authorized and directed on behalf of the City to enter into a first amendment to the contract with the Phoenix Redevelopment Corporation, a copy of which, in substantial form, is attached hereto and made a part hereof as Exhibit "B".

Section 4. That the Phoenix Redevelopment Corporation is hereby granted tax abatements on land and improvements as provided in Exhibit "B".

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I hereby certify that all public notices and hearings required by Chapter 74, Code of Ordinances of the City of Kansas City, Missouri, have been given and had.

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Secretary, City Plan Commission

Approved as to form and legality:

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Assistant City Attorney