ORDINANCE NO. 900103
Approving and designating Phase VI of the Briarcliff West
Tax Increment Financing Plan as a Redevelopment Project Area and adopting Tax
Increment Financing therein.
..P
WHEREAS, the City Council of Kansas City, Missouri,
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 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 development 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; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. All terms used in this Ordinance shall
be con- strued 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 Redevelopment
Plan as Phase VI and legally described as follows:
PHASE VI
A tract of land in the fractional Southwest quarter
of Section 3, Township 50, Range 33, and the fractional Northwest
quarter of Section 10, Township 50, Range 33, Kansas City, Clay
County, Missouri, being bounded and described as follows: Commencing at
the Southwest corner of the fractional Southwest quarter of said Section
3, said point being also a point on the County line between Platte and
Clay Counties; thence South 88 58'51" East, along the South line of
said fractional South- west quarter, 472.32 feet to a point on the
Northerly Right of Way line of Missouri State Highway No. 9, as now
esta- blished; thence Southeasterly, along said Right of Way line, on
a curve to the Right, having a radius of 2831.90 feet, an arc distance of
164.57 feet to the True Point of Beginning of the tract to be herein
described; thence North 36 30'00" East, 310.00 feet; thence South 53
30'00" East, 214.10 feet; thence Southeasterly, on a curve to the
Left, having a radius of 1458.39 feet, an arc distance of 100.24 feet;
thence South 24 03'06" West, tangent to the last described curve,
115.87 feet; thence Southwesterly, on a curve to the Right, tangent
to the last described course, having a radius of 88.00 feet, an arc
distance of 113.57 feet to a point on the Northerly Right of Way line of
said Missouri State Highway No. 9; thence North 53 46'06" West, along
said Right of Way line, 137.95 feet; thence Northwesterly, on a curve to
the Left, along said Right of Way line, tangent to the last described
course, having a radius of 2831.90 feet, an arc distance of 75.44
feet to the True Point of Beginning. Containing 1.6922 acres, more
or less. Subject to any and all easements and restrictions of record.
A tract of land in the Southeast quarter and the
fractional Southwest quarter of Section 3, Township 50, Range 33,
Kansas City, Clay County, Missouri, being bounded and described as
follows: Commencing at the Southeast corner of the fractional Southwest
quarter of said Section 3; thence North 0 37'03" East, along the East
line of said fractional Southwest quarter, 240.03 feet; thence North 89
22'57" West, 92.99 feet to the True Point of Beginning of the tract
to be herein described; thence North 76 50'00" West, 243.97 feet;
thence Northerly, on a curve to the Left, having a radius of 2890.79
feet, an arc distance of 36.31 feet; thence North 37 51'09" East,
177.16 feet; thence Northeasterly, on a curve to the Right, tangent to the
last described course, having a radius of 917.01 feet, an arc distance of
153.05 feet to a point on the Westerly Right of Way line of U.S. Highway
Route 169, as now established; thence South 58 48'54" East, along
said Right of Way line, 137.89 feet; thence Southeasterly, along said
Right of Way line, on a curve to the Left, having a radius of 1807.04
feet, an arc distance of 168.58 feet; thence South 56 00'00" West,
186.01 feet to the True Point of Beginning. Containing 1.7570 acres, more
or less. Subject to any and all easements and restrictions of record.
A tract of land in the fractional Southwest quarter
of Section 3, Township 50, Range 33 and the fractional Northwest
quarter of Section 10, Township 50, Range 33, Kansas City, Clay
County, Missouri, being bounded and described as follows: Beginning at
the Southwest corner of said fractional Southwest quarter, said point
being also a point on the County line between Platte and Clay Counties;
thence North 0 53'04" East, 80.00 feet to a point on the South Right
of Way line of Old U.S. Highway Route 71, as now established; thence South
65 06'56" East, along said Right of Way line, 367.28 feet;
thence Southeasterly, along said Right of Way line, on a curve to the
Right, tangent to the last described course, having a radius of 2804.93
feet, an arc distance of 425.83 feet; thence South 37 56'56" West,
143.99 feet to a point on the North Right of Way line of Missouri State
Highway No. 9, as now established; thence North 66 04'06" West, along
said Right of Way line, 157.90 feet; thence Northwesterly, along said
Right of Way line, on a curve to the Left, having a radius of 2989.93
feet, an arc distance of 503.48 feet to a point on the West line of
the fractional Northwest quarter of said Section 10; thence North 0
49'11" East, along said West line, 167.22 feet to the Point of
Beginning. Containing 3.0843 acres, more or less. Subject to any and all
easements and restrictions of record.
is hereby designed as a blighted area and is further
approved and designated as the Phase VI Redevelopment Project Area.
Section 3. Tax increment allocation financing is
hereby adopted for the Phase VI Redevelopment Project Area. After the total
equalized assessed valuation of the taxable real property in the Phase VI
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 VI
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 real property in the
Phase VI Redevelopment Project Area over and above the initial equalized
assessed value of each such unit of property in the Phase VI
Redevelopments 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 Allocation Fund of the City for the purpose
of paying redevelopment project costs and obligations incurred in the
payment thereof.
Section 4. Pursuant to Section 99.835, RSMo, if the
City issues obligations secured by the Special Allocation Fund to carry out the
redevelopment project, the City may pledge all or any part of the funds in the
Special Allocation Fund to the payment of the redevelopment projects costs and
obligations. Any pledge of funds in the Special Allocation Fund may provide
for distribution to the taxing districts of moneys not required for payment and
securing of the obligations, and such excess shall be deemed to be surplus
funds. The Redevelopment Plan calls for all or part of the pay- ments in lieu
of taxes attributable to certain redevelopment project area phases to be
treated as surplus funds to the extent such moneys are not required for payment
and securing of the obligations. Such surplus funds shall be distributed
annually to the taxing districts in the redevelopment project area by being
paid by the City Treasurer to the Clay County Collector, who shall immediately
thereafter make distribution to the respective taxing districts in the same
manner and proportion as the most recent distribution by the Collector to the
affected districts of real property taxes from real property in the
redevelopment project area.
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Approved as to form and
legality:
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Assistant City Attorney