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ORDINANCE NO. 030022
Accepting
the recommendations of the Tax Increment Financing Commission as to and approving
the Second Amendment to the Chouteau I-35 Tax Increment Financing Plan and
designating an amended 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No. 54556, passed on November 24, 1982, and thereafter repealed and amended in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 March 25, 1998 and on March 25, 1998 approved
Resolution No. 3-8-98 recommending to the City Council the approval of the
Chouteau I-35 Tax Increment Financing Plan (the "Redevelopment
Plan"); and
WHEREAS,
on April 23, 1998, the Council passed Ordinance No. 980426 accepting the
recommendations of the Commission as to and approving the Redevelopment Plan
and designating a Redevelopment Area; and
WHEREAS,
on June 12, 2002, the Commission recommended approval for the first amendment
to the Redevelopment Plan (the First Amendment) by adoption of Resolution No.
6-9-02 (the Resolution), after proper notice was given and public hearings
were held; and
WHEREAS,
the First Amendment provides for the separation of Project 3 into two new
project areas, improvements of N. Chouteau Trafficway between I-35 and Highway
210 and Winn Road as well as a neighborhood housing and infrastructure
improvement program; and
WHEREAS,
on July 18, 2002, the Council passed Ordinance No. 020784, accepting the
recommendations for the Commission as to and approving the First Amendment to
the Redevelopment Plan; and
WHEREAS,
on December 11, 2002, the Commission recommended approval for the second
amendment to the Redevelopment Plan (the Second Amendment) by adoption of
Resolution No. 12-13-02 (the Resolution), after proper notice was given and
public hearings were held; and
WHEREAS,
the Second Amendment provides for the expansion of the boundaries of the
Redevelopment Area to include the Winnwood-Sunnybrook and Chaumiere
Neighborhoods and allow the establishment of a housing program in those
neighborhoods; NOW, THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. The recommendations of the Commission concerning the Second Amendment to
the Redevelopment Plan as set forth in the Resolution attached hereto as
Exhibit "A" are hereby accepted and the Second Amendment to the
Redevelopment Plan, a copy of which is attached hereto t 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 tracts are hereby designated as the Amended
Redevelopment Area:
All that part of Sections 5, 6, 7 and 8 of Township
50, Range 32, of Township 51, Range 32, in Kansas City, Clay County, Missouri,
described as follows: Beginning at the intersection of the southerly right of
way line of Interstate 35 and the westerly right of way line of N. Brighton
Avenue; thence southerly along the westerly line of N. Brighton Avenue to the
northerly right of way line of Parvin Road; thence westerly along the northerly
right of way line of Parvin Road to the easterly right of way line of Antioch
Road; thence northerly along the easterly right of way line of Antioch Road to
the southerly right of way line of Interstate 35; thence easterly along the
southerly right of way line of Interstate 35 to the point of beginning.
Section
4. In accordance with the recommendations of the Commission as set forth in
the Resolution, the City Council hereby finds that:
(a) The
Amended Redevelopment Area as a whole is a conservation area;
(b) The following
factors are hereby found to exist in the Amended Redevelopment Area, to-wit:
(i) The median age of 50% of the
structures in the census tracts within the area is 35 years or older.
(ii) There is evidence of
dilapidation, obsolescence, illegal use of structures, excessive vacancies and
other potentially blighting factors referenced in Section 99.805(3), RSMo.
(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 Plan as Exhibit 15 thereto;
(d) The Amended Redevelopment Area
includes only those parcels of real property directly and substantially
benefitted by the proposed Redevelopment Projects;
(e) The Second Amendment to the
Redevelopment Plan conforms to the Briarcliff-Antioch-Davidson Area Plan and to
FOCUS, the comprehensive plan for the development 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 Second
Amendment to the Redevelopment Plan and are not more than 23 years from the
adoption of any ordinance approving a Redevelopment Project within the Amended
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 to the Redevelopment Plan
on each taxing district at least partially within the boundaries of the
Redevelopment Area has been prepared.
(i) The Second Amendment to the
Redevelopment Plan does not include the initial development or redevelopment of
any gambling establishment.
Section
5. The Commission is authorized to issue obligations in one or more series of
bonds secured by the Chouteau I-35 Account of the Special Allocation Fund to
finance Redevelopment Project Costs within the Amended 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 Second Amendment to 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 Second Amendment to the Redevelopment
Plan, the City Council approves the pledge of all funds that are deposited into
the Chouteau I-35 Account of the Special Allocation Fund to the payment of
Redevelopment Project Costs within the Amended Redevelopment Area and
authorizes the Commission to pledge such funds on its behalf.
___________________________________________________________________
Approved
as to form and legality:
_______________________________
Assistant
City Attorney