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Legislation #: 040806 Introduction Date: 7/15/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Fifth Amendment to the Briarcliff West Tax Increment Financing Plan; approving the Fifth Amendment to the Briarcliff West Tax Increment Financing Plan; and designating an Expanded Redevelopment Area.

Legislation History
DateMinutesDescription
7/14/2004

Prepare to Introduce

7/15/2004

Referred Planning, Zoning & Economic Development Committee

7/28/2004

Advance and Do Pass

7/29/2004

Passed


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No File Other 0K Briarcliff West TIF Plan is on file in the Office of the City Clerk.

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ORDINANCE NO. 040806

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Fifth Amendment to the Briarcliff West Tax Increment Financing Plan; approving the Fifth Amendment to the Briarcliff West Tax Increment Financing Plan; and designating an Expanded Redevelopment Area.

 

WHEREAS, the City Council of Kansas City, Missouri, by Ordinance No. 54556, passed on November 24, 1982, and thereafter amended in certain respects by Committee Substitute for 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 May 3, 1990, the City Council passed Ordinance No. 65497, which accepted the recommendations of the Commission as to the Briarcliff West Tax Increment Financing Plan (Redevelopment Plan) and designated the Redevelopment Area therein to be a blighted area; and

 

WHEREAS, on November 21, 1991, the City Council passed Committee Substitute for Ordinance No. 911387, which accepted the recommendations of the Commission as to the First Amended Briarcliff West Tax Increment Financing Plan and designated the expanded Redevelopment Area therein as a blighted area; and

 

WHEREAS, on November 17, 1994, the City Council passed Ordinance No. 941342, which accepted the recommendations of the Commission as to the Second Amendment to the Briarcliff West Tax Increment Financing Plan and designated the expanded Redevelopment Area therein as a blighted area; and

 

WHEREAS, on July 31, 1997, the City Council passed Ordinance No. 970713, which accepted the recommendations of the Commission as to the Third Amendment, which expanded the boundaries of the Redevelopment Area as defined by Ordinance No. 65497, on the south, moving said southern boundary from Missouri Route Highway 9 to the Missouri River, to include twenty-one (21) additional Redevelopment Projects, reconfigured Redevelopment Project Areas as defined by Committee Substitute for Ordinance No. 911387 and Ordinance No. 941342, reconfigured existing land uses called for in the Redevelopment Plan, as amended, increased the amount of reimbursement available for mine stabilization and increased the amount of reimbursement available for costs associated with implementation of the Redevelopment Plan, as amended ; and

 

WHEREAS, on December 14, 2000, the City Council passed Ordinance No. 001595, which accepted the recommendations of the Commission as to the Fourth Amendment, which expanded the Redevelopment area, added one additional project and designated an Expanded Redevelopment Area; and

 

WHEREAS, a fifth amendment to the Redevelopment Plan entitled the Fifth Amendment to the Briarcliff West Tax Increment Financing Plan (the Fifth Amendment) was proposed to the Commission; and

 


WHEREAS, said 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 June 9, 2004, adopted Resolution No. 6-10-04 (Resolution) recommending that the City Council approve the Fifth Amendment; and

 

WHEREAS, the Fifth Amendment expands the boundary to include approximately 39 acres of vacant land south and west of the Redevelopment Area, changes the land use in Project Area 22 from commercial to residential, changes 11 acres of Project Area 38 to commercial use in Project Area 24 and the remainder for creation of wetlands and amends the budget in accordance with this amendment; and NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations of the Commission concerning the Fifth Amendment as set forth in the Resolution attached hereto as Exhibit A are hereby accepted and the Fifth Amendment, a copy of which is attached hereto as Exhibit B, is hereby approved and adopted as valid and the Redevelopment Project contained therein is hereby authorized.

 

Section 2. All terms used in this ordinance, not otherwise defined herein, shall be construed as defined in Section 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the Act).

 

Section 3. The following described area constituting the Redevelopment Area, as amended, is hereby designated as a Redevelopment Area pursuant to the Act:

 

A tract of land in Fractional Section 10, Township 50, Range 33, Fractional Section 3, Township 50, Range 33, and Fractional Section 34, Township 51, Range 33, Kansas City, Clay County, Missouri described as follows: beginning at the southwest corner of the Fractional SW 1/4 of said Section 34; thence North 00E2728 East along the west line of said Fractional SW 1/4, 114.29 feet to the southerly right-of-way of Vivion Road; thence North 67E4414 East, along said line, 50.00 feet from and parallel with the centerline thereof, 122.55 feet; thence North 22E1546 West, continuing along said line 10.00 feet; thence North 67E4414 East, continuing along said line, 40.00 feet from and parallel with the centerline thereof, 758.00 feet; thence northeasterly, continuing along said line, along a curve to the right having a radius of 1001.74 feet and tangent to the last described course, an arc distance of 376.95 feet; thence South 00E4210 East, continuing along said line, 15.00 feet; thence southeasterly continuing along said line, 55.00 feet from and parallel with the centerline thereof, along a curve to the right having a radius of 986.74 feet and an initial tangent bearing of North 89E1750 East, an arc distance of 141.40 feet; thence southeasterly, continuing along said line, along a curve to the right having a radius of 826.47 feet and tangent to the last described curve, an arc distance of 489.24 feet; thence South 45E5302 East, continuing along said line 104.49 feet to the westerly right-of-way of U.S. Highway No. 169; thence South 06E5618 West, along said line, 661.16 feet to a point 220.00 feet from and opposite station 481+00; thence South 03E0428 West, continuing along said line, 911.47 feet to a point on the south line of the N 1/2 of the NE 1/4 of said Section 3, said point being 134.19 feet from and opposite station 489+87.38; thence North 89E2223 West, along said line, 9.95 feet to the northeast corner, S 1/2, Fractional NW 1/4 of said Section 3; thence South 00E3411 West, along the east line of the Fractional NW 1/4 of said Section 3, 1313.65 feet to the northwest corner of the SE 1/4 of said Section 3; thence South 89E1544 East, along the north line of the SE 1/4 of said Section 3, 657.18 feet to the northeast corner, W 1/2, W 1/2, SE 1/4 of said Section 3; thence South 00E1950 West, along the east line of the W 1/2, W 1/2, SE 1/4 of said Section 3, 1115.75 feet; thence North 89E1035 West, 228.16 feet; thence South 00E3012 West, 20.00 feet; thence South 08E1227 East, 180.23 feet to the south line of the N 1/2, SE 1/4 of said Section 3; thence South 89E1035 East, along said line, 201.46 feet to the northeast corner, W 1/2, W 1/2, S 1/2, SE 1/4 of said Section 3; thence South 00E1950 West, along the east line of the W 1/2, W 1/2, SE 1/4 of said Section 3, 468.94 feet; thence South 89E5750 West, 108.25 feet to the easterly right-of-way line of U.S. Highway No. 169; thence South 32E1408 East, along said line, 46.79 feet to a point 435.00 feet from and opposite station 521+50; thence South 26E1527 West, continuing along said line, 111.54 feet to a point 375.00 feet from and opposite station 522+75; thence South 10E4320 East, continuing along said line, 100.19 feet to a point 375.00 feet from and opposite station 524+05; thence South 30E1745 West, continuing along said line, 206.99 feet to a point 255.00 feet from and opposite station 525+80; thence South 07E2643 East, continuing along said line, 287.75 feet to a point 140.00 feet from and opposite station 528+90; thence southeasterly, continuing along said line, 140.00 feet from and parallel with the centerline thereof, along a curve to the left having a radius of 1497.04 feet and an initial tangent bearing of South 29E5819 East, an arc distance of 340.65 feet to a point 140.00 feet from and opposite c.s. station 532+62.5; thence South 46E5926 West, 285.00 feet to a point on the southwesterly right-of-way line of said U.S. Highway No. 169, said point being 145.00 feet from and opposite c.s. station 532+62.5; thence South 46E4915 East, along said line, 691.85 feet to a point 135.00 feet from and opposite s.c. station 539+50.9; thence South 31E4025 East, continuing along said line, 408.11 feet to a point 160.00 feet from and opposite station 544+00; thence South 17E0038 East, continuing along said line, 423.12 feet to a point 175.00 feet from and opposite station 548+72.7; thence South 12E3704 West, continuing along said line, 138.67 feet to a point 230.00 feet from and opposite station 550+00; thence South 39E4620 West, continuing along said line, 51.51 feet to the northeasterly right-of-way line of Missouri Highway no. 9; thence North 53E4606 West, along said line, 95.00 feet from and parallel with the centerline thereof, 1564.77 feet to the east line, Fractional NW 1/4 of said Section 10; thence South 00E2042 East, along said line, 986.70 feet to the southeast corner of Willson Ritchey, a subdivision in said Kansas City, said corner being on the centerline of a slough creek described by Clay County Circuit Court, cause no. 30586 recorded in Book 881 at page 192 in the Clay County Recorders office; thence South 86E2308 West, along said slough creek centerline, 297.27 feet; thence South 86E2256 West, continuing along said line 45.13 feet; thence South 86E5712 West, continuing along said centerline, 260.56 feet; thence South 86E5405 West, continuing along said line, 45.09 feet; thence South 86E5156 West, continuing along said line, 260.59 feet; thence South 86E4457 West, continuing along said line, 301.52 feet; thence South 62E2136 West, continuing along said line, 118.50 feet; thence South 00E4911 West, parallel with the west line of Fractional NW 1/4 of said Section 10, a distance of 346.25 feet to a point on the northerly right-of-way line of the Chicago, Burlington, and Quincy Railroad Company; thence North 65E3602 West, along said line, 493.60 feet to a point on the west line of Fractional NW 1/4 of said Section 10; thence North 00E4911 East, along said line, 2095.19 feet to the southwest corner of the Fractional SW 1/4, said Section 3; thence North 00E5254 East, along the west line of the Fractional SW 1/4 of said Section 3, 2615.53 feet to southwest corner of the Fractional NW 1/4 of said Section 3; thence North 00E4219 East, along the west line of the Fractional NW 1/4 of said Section 3, 2623.59 feet to the point of beginning, subject to that part now being used for public road right-of-way; and

 

All that part of the Fractional SW 1/4, Section 34, Township 51, Range 33, Clay County, Kansas City, Missouri, being described as follows: Beginning at the intersection of the east line of said Fractional SW 1/4 with the northerly right of way line of Vivion Road (U.S. Highway No. 69), said intersection being North 00E5129 East, along said east line, 493.04 feet from the southeast corner of said Fractional SW 1/4; thence northwesterly, along said northerly right of way line on a curve to the left having a radius of 1,081.74 feet and an initial tangent bearing of North 60E5941 West, an arc distance of 275.33 feet; thence North 14E2520 East, continuing along said line, 10.00 feet; thence westerly continuing along said line, 50.00 feet northerly of and parallel with the centerline thereof, on a curve to the left having a radius of 1,091.74 feet and an initial tangent bearing of North 75E3440 West, an arc distance of 288.20 feet; thence South 00E4210 East, continuing along said line, 10.00 feet; thence westerly, continuing along said line 40.00 feet northerly of and parallel with the centerline thereof, on a curve to the left having a radius of 1,081.74 feet and an initial tangent bearing of South 89E1750 West, an arc distance of 68.97 feet; thence North 00E5129 East, 608.60 feet west of and parallel with the east line of said Fractional SW 1/4, 540.21 feet; thence South 89E2607 East, along a line, 1,159.80 feet north of and parallel with the south line of said Fractional SW 1/4, 246.96 feet to the southwesterly right of way line of Interstate No. 29; thence South 50E2928 East, along said line, 275.49 feet to a point 174.38 feet (Deed = 175.00 feet) from and opposite southbound Centerline Station 988+80; thence South 44E5246 East, continuing along said line, 204.56 feet to a point on the east line of said Fractional SW 1/4, said point being 222.00 feet from and opposite southbound Centerline Station 990+78.94 (Deed = 990+73); thence South 00E5129 West, along said east line, 250.09 feet to the point of beginning. Containing 290,983 square feet, or 6.6801 acres.

 

Section 4. 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. 65497, Committee Substitute for Ordinance No. 911387, Ordinance No. 941342, Ordinance No. 970713 and Ordinance No. 001595 with respect to the Redevelopment Plan are not affected by the Fifth Amendment and apply equally to the Fifth Amendment;

 

(b) The Redevelopment Area, as amended, is a blighted area, as a whole, and 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, as amended, and the Fifth Amendment;

 

(c) The Redevelopment Plan, as amended, confirms to the comprehensive plan for the development of the City as a whole;

 

(d) The areas selected for Redevelopment Projects include only those parcels of real property and improvements therein which will be directly and substantially benefitted by the Redevelopment Project improvements;

 

(e) 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, as amended;

 

(f) A plan has been developed for relocation assistance for businesses and residences;

 

(g) A cost benefit analysis showing the impact of the Fifth 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;

 

(h) The Fifth Amendment 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 Briarcliff West Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area, as amended, 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 stake all such further actions as are reasonably necessary to achieve the objectives of the Redevelopment Plan, as amended, 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 and 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, as amended the City Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Briarcliff West Account of the Special Association Fund to the payment of Redevelopment Project Costs within the Redevelopment Area, as amended, and authorizes the Commission to pledge such funds on its behalf.

 

__________________________________________________________________

 

Approved as to form and legality:

 

 

________________________________

Heather A. Brown

Assistant City Attorney