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ORDINANCE NO. 990251
Accepting
the recommendations of the Tax Increment Financing Commission as to the Brush
Creek Corridor Tax Increment Financing Plan; approving the Brush Creek Corridor
Tax Increment Financing Plan; and designating a 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No. 54556 passed on November 24, 1982, and thereafter repealed and amended in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 February 10, 1999 and on February 10, 1999 approved
Resolution No. 2-2-99 (the "Resolution") recommending to the City
Council the approval of the Brush Creek Corridor Tax Increment Financing Plan
(the "Redevelopment Plan"); and
WHEREAS,
the Redevelopment Plan is a comprehensive program intended to satisfy, reduce
and/or eliminate those conditions, the existence of which qualified the
Redevelopment Area as a Blighted area, and to enhance the tax base within the
Redevelopment Area through the implementation of four (4) separate
Redevelopment Projects and the adoption of tax increment financing in each of
the areas selected for such Redevelopment Projects; NOW, THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. The recommendations of the Commission concerning the Redevelopment Plan as
set forth in the Resolution attached hereto as Exhibit "A" are hereby
accepted and the Redevelopment Plan, a copy of which is attached hereto as
Exhibit "B," is hereby approved and adopted as valid and the
Redevelopment Projects contained therein are hereby authorized.
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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.
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3. The following-described area is hereby designated a Redevelopment Area
under the Act (hereinafter referred to as the "Redevelopment Area");
In Kansas City, Missouri, parts of Section 34 and 27,
Township 49, Range 33: Beginning at the intersection of the north line of Blue
Parkway with the center line of Jackson Avenue, then north along said center
line to the north line of 49th Street, then east along said north line to the
center line of Elmwood Avenue, then south along said center line to the center
line of Blue Parkway, then east along said center line to the center line of
Lawn Avenue, then south along said center line to the northeast corner of Lot
24 Bluebanks, then west along the
north line of Lots 24 and 35 Bluebanks to the west
line of vacated Elmwood Avenue, then south along said west line to the center
line of 51st Street, then west along said center line to the center line of
Jackson Avenue, then generally northwest to the center line of the vacated
Mersington Avenue, then generally northeast to the north line of Blue Parkway,
then east along Blue Parkway to the center line of Jackson and 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 Redevelopment Area as a
whole is a Blighted area and the following factors are hereby found to exist
within the Redevelopment Area, to-wit:
1. The project area described in this plan has
been declared blighted by the City of Kansas City, Missouri under the PIEA
definition pursuant to Ordinance No. 920134, dated March 26, 1992.
2. Since the blight designation under
Ordinance No. 920134, no new development has been completed on the proposed
project site.
3. The proposed project site is generally
littered with debris including old tires, trash, discarded equipment (resulting
from unauthorized dumping) as well as masonry fragments and structural debris
resulting from demolition.
4. There are numerous vacant structures on the
proposed project site that constitute a risk to general health and safety.
5. Many of the structures on the proposed
project site are significantly run down, characterized by broken windows and
broken doors, as well as overgrown vegetation.
6. There are numerous old shallow basements
and foundations on the proposed project site.
7. A pile of old cars at exist 4911 Kensington
which presents a unsafe and unsanitary condition.
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, and such fact is acknowledged by the Redeveloper in an
affidavit included as Exhibit 14 to the Redevelopment Plan.
C. The Redevelopment Area currently
is located within the Oak Park South Area Plan originally approved by the City
Council on August 18, 1977, by Resolution No. 48098; the Blue Parkway Land Use
and Development Plan approved by City Council on March 26, 1992, by Resolution
No. 920132; and by the Brush Creek Corridor Land Use and Development Plan, and
the Redevelopment Plan, conforms to such plans. The Redevelopment Plan also
confoms to FOCUS, the comprehensive plan for the redevelopment 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 benefitted by the
Redevelopment Project improvements.
E. The estimated dates of
completion of the 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 adoption of any ordinance
approving a Redevelopment Project within the Redevelopment Area.
F. The Redevelopment Plan includes
a plan for relocation assistance for businesses and residences.
G. A cost benefit analysis showing
the impact of the Redevelopment Plan 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 Redevelopment Plan does not
include the initial development or redevelopment of any gambling establishment.
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5. The Commission is authorized to issue obligations in one or more series of
bonds secured by the Brush Creek Corridor 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 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 Redevelopment Plan, the City Council
approves the pledge of all funds that are deposited into the Brush Creek
Corridor 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.
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Approved
as to form and legality:
_____________________________________
Assistant
City Attorney