COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 120694
Accepting the recommendations of
the Tax Increment Financing Commission as to the Carondelet Drive Tax Increment
Financing Plan; approving the Carondelet Drive Tax Increment Financing Plan;
designating a Redevelopment Area; reducing amounts in the 2008A GO Bond Fund
and appropriating $350,000.00 for certain public improvements; reducing and
appropriating $150,000.00 within the capital improvements fund for certain
public improvements; designating requisitioning authority; and recognizing an
emergency.
WHEREAS, the
Carondelet Drive Tax Increment Financing Plan (the “Redevelopment Plan”) was
proposed to Tax Increment Financing Commission of Kansas City, Missouri (the
“Commission”); and
WHEREAS, the
Redevelopment Plan is a comprehensive program intended to reduce or eliminate
blight and enhance the tax base within the redevelopment area (the
“Redevelopment Area”) through the implementation of a number of separate
projects (“Redevelopment Projects”) and the adoption of tax increment financing
for each of the areas selected for such Redevelopment Projects; 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 with
respect to the Redevelopment Plan, closed said public hearing on July 15, 2012,
and adopted its Resolution No. 7-15-12 (the “Resolution”) recommending to the
City Council the approval of the Redevelopment Plan; and
WHEREAS, the
Redevelopment Plan will include construction of office space, parking spaces
and all necessary infrastructure; NOW, THEREFORE,
BE IT ORDAINED
BY THE COUNCIL OF KANSAS CITY:
Section 1. That
the recommendation of the Commission concerning the Carondelet Drive Tax
Increment Financing Plan as set forth in the Resolution attached hereto as
Exhibit "A", is hereby accepted and the Redevelopment Plan, a copy of
which is attached hereto as Exhibit "B", is hereby approved and adopted.
Section 2. That 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 (the
"Act").
Section 3. That
the following described area is hereby designated a Redevelopment Area:
All
that part of Lots 14, 15, 16, 17, 20, 21, 22 and 23, Ridenour Farm
Tract, a subdivision of land in the Northeast Quarter of Section 6, Township 47
North, Range 33 West of the 5th Principal Meridian in Kansas City, Jackson
County, Missouri, and all that part of Glen Arbor Road, as now established, being
bounded and described as follows: Beginning at the Southwest corner of said Lot
23; thence North 13°03'02" West, along the Westerly line
of said Lots 20, 21, 22 and 23, 923.39 feet to a point on
the Southerly right-of-way line of Carondelet Drive, as now established; thence
Easterly, along said right-of-way line, along a
curve to the left, having an initial tangent bearing of South 58 degrees 07
minutes 58 seconds East, with a radius of 390.00
feet, a central angle of 28 degrees 59 minutes 47 seconds and an arc distance
of 197.37 feet; thence South 87 degrees 07 minutes
45 seconds East, continuing along said right-of-way line, 330.69 feet; thence Northeasterly,
continuing along said right-of-way line, along a curve to the left, being
tangent to the last described course, with a
radius of 390.00 feet, a central angle of 74 degrees 51 minutes 12 seconds and
an arc distance of 509.51 feet to the Northwest corner of said Lot 17; thence
South 87 degrees 07 minutes 16 seconds East, along the North line of said Lot
17, 287.04 feet; thence South 21 degrees 54 minutes 20 seconds East, 271.51
feet to a point on the Northerly line of
said Lot 16; thence South 87 degrees 08 minutes 26 seconds East, along said
North line, 350.00 feet to the Northeast corner
of said Lot 16; thence South 21 degrees 54 minutes 58 seconds East, along the
Easterly line of said Lot 16, 231.36 feet to the
Southeast corner thereof; thence North 87 degrees 05 minutes 40 seconds West,
along the South line of said Lot 16, 198.16 feet to a point of the Westerly high bank of a
creek, as shown on the Certificate of Survey by Tuttle-Ayers-Woodward Co., job number 226090 and dated June 11, 1992;
thence South 12 degrees 45 minutes 54 seconds West, along said Westerly high bank 4.53 feet; thence. South 15 degrees
27 minutes 29 seconds East, continuing along said Westerly high bank, 16.96 feet; thence South 10 degrees
00 minutes 11 seconds West, continuing along said Westerly high bank, 46.21 feet; thence South 67°27'44"
East, continuing along said Westerly high bank, 18.02 feet; thence South 53 degrees 38 minutes 18 seconds
East, continuing along said Westerly high bank, 15.28 feet; thence South 34 degrees 06 minutes 16 seconds East, continuing
along said Westerly high bank, 16.98 feet; thence South 36 degrees 48 minutes
15 seconds East, continuing along
said Westerly high bank, 18,90 feet; thence South 12 degrees 17 minutes 36
seconds East, continuing along said
Westerly high bank, 18.79 feet; thence South 03 degrees 42 minutes 12 seconds
West, continuing along said Westerly high
bank, 21.77 feet; thence South 36 degrees 36 minutes 22 seconds East,
continuing along said Westerly high bank, 17.11 feet; thence South 28 degrees 47 minutes 19 seconds West, continuing
along said Westerly high bank, 28.19 feet; thence South 03 degrees 53 minutes 13 seconds West,
continuing along said Westerly high bank, 22.39 feet to a point on the Northerly line of said Lot 14; thence South 87
degrees 03 minutes 40 seconds East, along said Northerly line, 241.59 feet to the Northeast corner thereof; thence South 21
degrees 54 minutes 58 seconds East, along the Easterly line of said Lot 14, 231.38 feet to the Southeast corner thereof;
thence North 87 degrees 00 minutes 27 seconds West, along the Southerly line of
said Lot 14, 922.01 feet to a point on the Westerly right-of-way line of
said Glen Arbor Road; thence Southeasterly,
along said right-of-way line, along a curve to the right, having an initial
tangent bearing of South 46 degrees
05 minutes 00 seconds East, with a radius of 388.90 feet, a central angle of 29
degrees 53 minutes 58 seconds and an arc distance of 202.94 feet; thence South 16 degrees 11 minutes 03 seconds
East, continuing along said right-of-way line, 92.48 feet to the Southeast corner of Lot 23; thence
North 87 degrees 03 minutes 00 seconds West, along the Southerly line of said Lot
23, 905.11 feet to the Point of Beginning. Containing 30.47 acres, more or
less.
Section 4. That
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 a blighted area, evidenced by
defective or inadequate street layout, unsanitary or unsafe conditions
including deterioration and dilapidation of site improvements, excessive
vacancies, presence of structures below minimum code standards, lack of
ventilation, light or sanitary facilities;
(b)
The Redevelopment Area 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;
(c)
The Redevelopment Plan conforms to FOCUS, 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 thereon which will be directly and
substantially benefited 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 and are not more than
23 years from the passage of any ordinance approving a Redevelopment Project
within the Redevelopment Area;
(f)
A plan has been developed for relocation assistance for businesses and
residences;
(g)
A cost-benefit analysis showing the impact of the Redevelopment Plan on
each taxing district at least partially within the boundaries of the
Redevelopment Area has been prepared in accordance with the Act;
(h)
The Redevelopment Plan does not include the initial development or
redevelopment of any gambling establishment; and
(i) A blight study has been completed and the findings of such
study satisfy the requirements provided under subdivision (1) of Section
99.805, RSMo.
Section 5. That
the Commission is authorized to issue obligations in one or more series of
bonds secured by the Carondelet Drive 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 by
the City. 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. That
pursuant to the provisions of the Redevelopment Plan, the City Council approves
the pledge of all funds that are deposited into the Carondelet Drive 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.
Section 7. That
a total of $350,000 in the following accounts and the following amounts is
reduced in the 2008A GO Bond Fund:
ALL-3393-077700-07F38C74-B Municipal
Court Elevator Installation $144,220.00
ALL-3393-077700-07F44G50-B PACCAR Roof
Replacement 131,202.70
ALL-3393-077000-07F36C75-B City
Hall South Plaza Repairs 28,044.00
ALL-3393-077000-07000175-B City
Hall 724.87
ALL-3393-077000-07F35M88-B American Royal HVAC Unit
Relocation 705.86
ALL-3393-647000-89009996-B Contingency 31,922.23
ALL-3393-648843-890C0233-B 18th
& Vine Patio 13,180.34
TOTAL $350,000.00
Section 8. That
$350,000.00 is appropriated from the Unappropriated Fund Balance of the 2008A
GO Bond Fund to the following account:
ALL-3393-898016-89008247-B Project
Apple Public Improvements $350,000.00
Section 9. That the
following account in the Capital Improvements Fund is reduced by the following
amount:
13-3090-898600-89009996-B 6th
District Neighborhood
Conservation Reserve $150,000.00
Section 10.
That $150,000.00 is appropriated from the Unappropriated Fund Balance of the
Capital Improvements Fund to the following account:
13-3090-898601-89008247-B Project
Apple Public Improvements $150,000.00
Section 11.
That the Director of Public Works is designated as requisitioning authority for
Account Nos. 3393-898016 and 3090-898601.
Section 12.
That this ordinance appropriating money recognizes an emergency and shall take
effect as provided in Section 503(a)(3) of the City Charter.
_____________________________________________
I hereby certify that
there is a balance, otherwise unencumbered, to the credit of the appropriation
to which the foregoing expenditure is to be charged, and a cash balance,
otherwise unencumbered, in the treasury, to the credit of the fund from which
payment is to be made, each sufficient to meet the obligation hereby incurred.
___________________________________
Randall
J. Landes
Director
of Finance
Approved
as to form and legality:
___________________________________
Brian
T. Rabineau
Assistant City Attorney