ORDINANCE NO. 970728
Approving and designating Redevelopment Project No. XXX
of the Briarcliff West Tax Increment Financing Plan, as amended, as a
Redevelopment Project and adopting tax increment financing therein.
WHEREAS, 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by Ordinance No. 54556, passed on November 24, 1982, and thereafter repealed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 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 Briarcliff West Tax Increment
Financing Plan and designated the expanded Redevelopment Area as a blighted
area; and
WHEREAS, on ____________, 1997, the City Council
passed Ordinance No. 970713, which approved the Third Amendment to the
Briarcliff West Tax Increment Financing Plan ("Third Amendment") and
designated the expanded Redevelopment Area as a blighted area; and
WHEREAS, the Redevelopment Plan, as amended, and
Ordinance No. 65497, Committee Substitute for Ordinance No. 911387, Ordinance
No. 941342 and Ordinance No. 970713 contemplate the implementation of the
Redevelopment Plan, as amended, through thirty-six total Redevelopment Projects
(including twenty-one additional Redevelopment Projects authorized by the Third
Amendment in Ordinance No. 970713) and the adoption of tax increment financing
in the areas selected for such Redevelopment Projects; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. All terms used in this ordinance not
otherwise defined herein, shall be construed as defined in Sections 99.800 to
99.865 of the Revised Statutes of Missouri, as amended.
Section 2. The area selected for Briarcliff West
Redevelopment Project No. XXX, legally described as follows:
PROJECT XXX: CONTAINING APPROXIMATELY 181,500
SQ. FT. OR 4.17 ACRES
A TRACT OF LAND IN THE FRACTIONAL SW 1/4 OF SECTION
3-T.50-R.33 AND THE FRACTIONAL NW 1/4 OF SECTION 10-T.50-R.33, KANSAS
CITY, CLAY COUNTY, MISSOURI DESCRIBED AS FOLLOWS: BEGINNING AT THE
SW CORNER OF SAID FRACTIONAL SW 1/4; THENCE N 00 DEGREES 52 MINUTES
54 SECONDS E, ALONG THE WEST LINE OF SAID FRACTIONAL SW 1/4, 145.68
FEET TO THE CENTERLINE OF OLD U.S. HIGHWAY NO. 71; THENCE S 65 DEGREES
06 MINUTES 56 SECONDS E, ALONG SAID CENTERLINE, 394.01 FEET; THENCE
SOUTHEASTERLY, CONTINUING ALONG SAID CENTERLINE, ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 2864.93 FEET AND TANGENT TO THE LAST DESCRIBED
COURSE, AN ARC DISTANCE OF 435.42 FEET; THENCE S 36 DEGREES 15 MINUTES 02
SECONDS W, 201.63 FEET TO THE NORTHEASTERLY RIGHT-OF-WAY LINE OF MISSOURI
HIGHWAY NO. 9; THENCE N 65 DEGREES 59 MINUTES 03 SECONDS W, ALONG SAID
LINE, 125.00 FEET FROM AND PARALLEL WITH THE CENTERLINE THEREOF, 157.97
FEET TO A POINT 125.00 FEET FROM AND OPPOSITE CENTERLINE PT STATION
4+62.03; THENCE NORTHWESTERLY, CONTINUING ALONG SAID LINE, ON A CURVE TO
THE LEFT HAVING A RADIUS OF 2989.79 FEET AND TANGENT TO THE LAST
DESCRIBED COURSE, AN ARC DISTANCE OF 506.73 FEET TO THE WEST LINE OF
SAID FRACTIONAL NW 1/4; THENCE N 00 DEGREES 49 MINUTES 11 SECONDS E,
ALONG SAID LINE, 164.81 FEET TO THE POINT OF BEGINNING.
is approved and designated as Briarcliff West
Redevelopment Project No. XXX (hereinafter "Project No. XXX").
Section 3. Tax increment allocation financing is
hereby adopted for taxable real property in the above described area selected
for Project No. XXX. After the total equalized assessment valuation of the
taxable real property in Project No. XXX exceeds the certified total initial
equalized assessed valuation of the taxable real property in Project No. XXX the
ad valorem taxes and payment in lieu of taxes, if any, arising from the levies
upon the taxable real property in such project by taxing districts and tax
rates determined in the manner provided in subsection 2 of Section 99.855 each
year after the effective date of the ordinance until redevelopment costs have
been paid shall be divided as follows:
1. That portion of taxes levied upon each
taxable lot, block, tract, or parcel of
real property which is attributable to the initial
equalized assessed value of each such taxable lot, block, tract or parcel
or real property in the area selected for Project No. XXX 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 area selected for Project No. XXX
over and above the initial equalized assessed value of each such unit of
property shall be allocated to and, when collected, shall be paid to the
City Treasurer who shall deposit such payment in lieu of taxes into a
special fund called the "Special Allocation Fund" of the City
for the purpose of paying Redevelopment Project Costs and obligations
incurred in the payment thereof.
Section 4. In addition to the payments in lieu of
taxes described in subsection 2 of Section 3 above, 50% of the total additional
revenue from taxes which are imposed by the City or taxing districts, and which
are generated by economic activities within the area selected for Project No.
XXX over the amount of such taxes generated by economic activities within such
area in the calendar year prior to the passage of this ordinance, while tax
increment financing remains in effect, but excluding taxes imposed on sales of
charges for sleeping rooms paid by transient guests of hotels and motels,
licenses, fees or special assessments and personal property taxes, other than
payments in lieu of taxes, shall be allocated to, and when paid by the collecting
officer to the City Treasurer or other designated financial officer of the
City, who shall deposit such funds in a separate segregated account within the
Special Allocation Fund.
____________________________________________________________________
Approved as to form and
legality:
__________________________________________
Assistant City Attorney