COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 911390
Approving and designating
Phase VII of the Briarcliff West Tax Increment Financing Plan as a
Redevelopment Project Area and adopting Tax Increment Financing therein.
WHEREAS, the City
Council of Kansas City, Missouri, (the City Council) by Ordinance No. 54556
adopted on November 24, 1982, created the Tax Increment Financing Commission of
Kansas City, Missouri (the Commission); and
WHEREAS, on April
11, 1990, the Commission adopted a resolution recommending to the City Council
the adoption of a redevelopment plan entitled the Briarcliff West Tax
Increment Financing Plan (the Redevelopment Plan); and
WHEREAS, on April
26, 1990, said date being within 14 to 90 days after the April 11, 1990
Commission hearing, Ordinance No. 65497 approving the Redevelopment Plan and
Ordinance No. 900104 approving and designating Phase VII of the Redevelopment
Plan as a separate Redevelopment Project Area and adopting tax increment
financing therein were introduced in the City Council; and
WHEREAS, on May
3, 1990, the City Council passed Ordinance No. 65497, which accepted the
recommendations of the Commission as to the Redevelopment Plan; approved the
Redevelopment Plan; declared the Redevelopment Plan Area and each proposed
Redevelopment Project Area as blighted; approved Rock Quarry Redevelopment
Corporation d/b/a Briarcliff West as the Developer; approved an agreement with
the Commission; and authorized the execution of a redevelopment contract; and
WHEREAS, the
Redevelopment Plan and Ordinance No. 65497 contemplate the designation of each
phase of the Redevelopment Plan as a separate Redevelopment Project Area at the
discretion of the City Council and the adoption of Tax Increment Financing
therein; and
WHEREAS, the City
Council of Kansas City, Missouri, by Ordinance No. 900099 and Committee
Substitutes for Ordinance Nos. 900100 and 900101, adopted on September 19,
1991, approved and designated Phases I, II, III and IV of the Redevelopment
Plan as Redevelopment Project Areas and adopted tax increment financing
therein; and
WHEREAS,
Ordinance No. 900104, approving and designating Phase VII as a Redevelopment
Project Area and adopting tax increment financing therein has not been acted
upon and is being held off the docket of the City Council; and
WHEREAS, on
September 11, 1991, the commission adopted a resolution recommending to the
City Council the approval of an amendment to the Redevelopment Plan (the First
Amended Redevelopment Plan); and
WHEREAS, on
November 21, 1991, the City Council, passed Ordinance No. 911387, which
accepted the recommendations of the Commission as to the First Amended
Redevelopment Plan; approved the First Amended Redevelopment Plan; declared the
Redevelopment Area and each
proposed Redevelopment
Project Area as blighted; approved Missouri Rental Machinery Company d/b/a
Briarcliff West Development Company as the developer; approved an agreement
with the Commission; and authorized the execution of a First Amended
Development Contract; and
WHEREAS, the
First Amended Redevelopment Plan contemplates the designation of the remaining
phases of the First Amended Redevelopment Plan as separate Redevelopment
Project Areas and the adoption of the tax increment financing therein at the
discretion of the City Council; and
WHEREAS, on
September 11, 1991, the Commission and the Redeveloper entered into the First
Amended and Restated Tax Increment Financing Contract (Contract No. 2");
and
WHEREAS, on
September 14, 1994, the Commission adopted a resolution recommending to the
Council the approval of a second amendment to the Briarcliff West Tax Increment
Financing Plan (the Second Amended Redevelopment Plan); and
WHEREAS, on
October 12, 1994, the Commission authorized the substitution of Briarcliff
Development Company for Missouri Rental Machinery, d/b/a Briarcliff Development
Company as the Developer to implement the Redevelopment Plan; and
WHEREAS, on
November 17, 1994, the Council passed Ordinance No. 941342, as amended, which
accepted the recommendations of the Commission as to the Second Amended
Redevelopment Plan; approved the Second Amended Redevelopment Plan and
designated the Redevelopment Area therein as a Redevelopment Area as provided
in Section 99.820.1(1) R.S.Mo.; approved a Second Amended Agreement with the
Commission; and authorized the execution of a Second Amended Redevelopment
Contract; and
WHEREAS, on
January 20, 1995, the Commission and the Redeveloper entered into a Second
Amended and Restated Tax Increment Financing Contract (Contract No. 3");
and
WHEREAS, on April
9, 1997, the Commission adopted a resolution recommending to the Council the
approval of a third amendment to the Briarcliff West Tax Increment Financing Plan
(the Third Amendment to the Plan); and
WHEREAS, on July
31, 1997, the Council passed Ordinance No. 970713, which accepted the
recommendations of the Commission as to the Third Amendment to the
Redevelopment Plan; approved the Third Amendment to the Briarcliff West Tax
Increment Financing Plan and designated the Redevelopment Area therein
described as a Redevelopment Area as provided by Section 99.820 R.S.Mo.;
(collectively the Briarcliff West Tax Increment Financing Plan, as amended,
shall be referred to herein as the Plan); and
WHEREAS, on
August 17, 1999, the Commission and the Redeveloper entered into the Third
Amended and Restated Agreement; NOW, THEREFORE,
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. 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 2. The
area set forth in the First Amended Redevelopment Plan as Phase VII and legally
described as follows:
All
that part of the south of fractional Section 3-T.50-R33, and part of the NE
1/4 of Fractional section 10-T.50_R.33, Kansas City, Clay County, Missouri
being described as follows: Beginning at a point on the west line of the SE 1/4
of said fractional Section 3, said point being N 00 degrees-37'-03" E,
along said west line, 27.76 feet from the SW corner of said SE 1/4; thence
Northwesterly, along a curve to the left having a radius of 488.00 feet and an
initial tangent bearing of N 72 degrees-47'-51" W, an arc distance of
10.47 feet; thence Northwesterly, along a curve to the right having a radius of
776.00 feet and tangent to the last described curve, an arc distance of 233.23
feet; thence Northwesterly, along a curve to the left having a radius of 974.00
feet and tangent to the last described curve, an arc distance of 65.92 feet;
thence N 60 degrees-41'-03" W, 104.69 feet; thence Southwesterly, along a
curve to the left having a radius of 15.00 feet and tangent to the last described
course, an arc distance of 21.96 feet to the Southeasterly right-of-way line of
North Briarcliff parkway (Eastbound) as established by the plat of Briarcliff
West - First Plat A subdivision in said Kansas City; thence Northeasterly,
along said right-of-way line on a curve to the left having a radius of 2890.79
feet and an initial tangent bearing of N 35 degrees - 25'-26" E, an arc
distance of 143.06 feet; thence N 37 degrees-51'-09" E, continuing along
said line, 177.16 feet; thence Northeasterly, continuing along said line on a
curve to the right having a radius of 917.01 feet and tangent to the last
described course, an arc distance of 155.74 feet (Plat = 153.05) to the
Southwesterly right-of-way line of U.S. Highway No. 169; thence S 58
degrees-48'54" E, along said right-of-way line 62.32 feet to a point
224.31 feet from and opposite centerline station 523+26.07; thence S 14
degrees-5600 E, continuing along said line, 265.57 feet to a point 221.50
feet from and opposite centerline Station 525+60; thence S 28 degrees-0611 E,
continuing along said line, 102.79 feet to a point 207.00 feet from and
opposite to centerline station 526+00; thence S 35 degrees-1447 E, continuing
along said line, 128.31 feet; thence S 30 degrees-4040 W, 123.02 feet; thence
Northwesterly, on a curve to the left having a radius of 488.00 feet and an
initial tangent bearing of N 61 degrees-4239 W, an arc distance of 94.43 feet
to the point of beginning.
is hereby designed as a
blighted area and is further approved and designated as the Phase VII
Redevelopment Project Area.
Section 3. All
of the Redevelopment Projects contained within the Phase VII Redevelopment
Project Area are hereby approved.
Section 4. Tax
increment allocation financing is hereby adopted for the Phase VII
Redevelopment Project Area. After the total equalized assessed valuation of
the taxable real property in the Phase VII Redevelopment Project Area exceeds
the certified total initial equalized assessed value of all taxable real
property in such Redevelopment Project Area, the ad valorem taxes and payments
in lieu of taxes, if any, arising from the levies upon taxable real property in
such Redevelopment Project Area by taxing districts and tax rates determined in
the manner provided in Subsection 2 of Section 99.855, RSMo, each year after
the effective date of this Ordinance until redevelopment project costs have
been paid shall be divided as follows:
(1) That
portion of taxes levied upon each taxable lot, block, 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 VII
Redevelopment Project Area shall be allocated to and, when collected, shall be
paid by the Clay County Collector and the 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;
(2) Payments
in lieu of taxes attributable to the increase in the current equalized assessed
valuation of each taxable lot, block, tract, or parcel of reach property in the
Phase VII Redevelopment Project Area over and above the initial equalized
assessed value of each such unit of property in the Phase VII 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 Association Fund of the City for the purpose of paying redevelopment
project costs and obligations incurred in the payment thereof. Any payments in
lieu of taxes which are not paid within 60 days of the due date are deemed
delinquent and will be assessed a penalty of 1% per month.
Section 5. In
addition to the payments in lieu of taxes described above, and subject to
annual appropriation, fifty percent (50%) of the total additional revenue from
taxes which are imposed by the municipality or other taxing districts, and
which are generated by economic activities within the Phase V Redevelopment
Project Area over the amount of such taxes generated by economic activities
within the Phase V Redevelopment Project Area in the calendar year prior to the
adoption of the Phase V Redevelopment Project Area by ordinance, while tax
increment financing remains in effect, but excluding taxes imposed on sales or
charges for sleeping rooms paid by transient guests of hotels and motels,
licenses, fees or special assessments of personal property taxes, other than
payments in lieu of taxes, shall be allocated to, and paid by the collecting
officer to the treasurer or other designated financial officer of the
municipality, who shall deposit such funds in a separate segregated account
within the Briarcliff West Account of the special allocation fund for the
retirement of obligations or payment of Redevelopment Project Costs and
Redevelopment Costs as defined in the First Amended Redevelopment Plan.
__________________________________________________________________
Approved
as to form and legality:
______________________________________
Assistant
City Attorney