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Legislation #: 001595 Introduction Date: 11/30/2000
Type: Ordinance Effective Date: 12/24/2000
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to the Fourth Amendment to the Briarcliff West Tax Increment Financing Plan; approving the Fourth Amendment to the Briarcliff West Tax Increment Financing Plan; and designating an Expanded Redevelopment Area.

Legislation History
DateMinutesDescription
11/30/2000

Prepare to Introduce

11/30/2000

Referred Planning, Zoning & Economic Development Committee

12/13/2000

Advance and Do Pass

12/14/2000

Passed


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ORDINANCE NO. 001595

 

Accepting the recommendations of the Tax Increment Financing Commission as to the Fourth Amendment to the Briarcliff West Tax Increment Financing Plan; approving the Fourth 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, a third amendment to the Redevelopment Plan entitled the Third Amendment to the Briarcliff West Tax Increment Financing Plan (the Third Amendment) affecting the area described therein (Third Amended Redevelopment Area) was proposed to the Commission; and

 

WHEREAS, the purpose of the Third Amendment is to expand 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, to reconfigure Redevelopment Project Areas as defined by Committee Substitute for Ordinance No. 911387 and Ordinance No. 941342, to reconfigure existing land uses called for in the Redevelopment Plan, as amended, to increase the amount of reimbursement available for mine stabilization and to increase the amount of reimbursement available for costs associated with implementation of the Redevelopment Plan, as amended; 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; and

 

WHEREAS, a fourth amendment to the Briarcliff West Tax Increment Financing Plan (the Fourth Amendment) was proposed to the Commission; and

 

WHEREAS, the Fourth Amendment expands the Redevelopment area, adds one additional project and designates an Expanded Redevelopment Area; 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 November 8, 2000, adopted Resolution No. 11-9-00 (Resolution) recommending that the City Council approve the Fourth Amendment and designate the area described therein as a Redevelopment Area under the Act; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendation of the Commission concerning the Fourth Amendment as set forth in the Resolution attached hereto as Exhibit A are hereby accepted and the Fourth 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_T.50_R.33, FRACTIONAL SECTION 3)T.50_R.33 AND FRACTIONAL SECTION 34_T.51_R.33, KANSAS CITY, CLAY COUNTY, MISSOURI DESCRIBED AS FOLLOWS: BEGINNING AT THE SW CORNER OF THE FRACTIONAL SW 1/4 OF SAID SECTION 34; THENCE N 00 DEGREES 27 MINUTES 28 SECONDS E, ALONG THE WEST LINE OF SAID FRACTIONAL SW 1/4, 114.29 FEET TO THE SOUTHERLY RIGHT)OF_WAY LINE OF VIVION ROAD; THENCE N 67 DEGREES 44 MINUTES 14 SECONDS E, ALONG SAID LINE, 50.00 FEET FROM AND PARALLEL WITH THE CENTERLINE THEREOF, 122.55 FEET; THENCE N 22 DEGREES 15 MINUTES 46 SECONDS W, CONTINUING ALONG SAID LINE, 10.00 FEET; THENCE N 67 DEGREES 44 MINUTES 14 SECONDS E, 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 S 00 DEGREES 42 MINUTES 10 SECONDS E, 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 N 89 DEGREES 17 MINUTES 50 SECONDS E, 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 S 45 DEGREES 53 MINUTES 02 SECONDS E, CONTINUING ALONG SAID LINE, 104.49 FEET TO THE WESTERLY RIGHT_OF_WAY LINE OF U.S. HIGHWAY NO. 169; THENCE S 06 DEGREES 56 MINUTES 18 SECONDS W, ALONG SAID LINE, 661.16 FEET TO A POINT 220.00 FEET FROM AND OPPOSITE STATION 481+00; THENCE S 03 DEGREES 04 MINUTES 28 SECONDS W, CONTINUING ALONG SAID LINE, 911.47 FEET TO A POINT ON THE SOUTH LINE OF THE N OF THE NE 1/4 OF SAID SECTION 3, SAID POINT BEING 134.19 FEET FROM AND OPPOSITE STATION 489+87.38; THENCE N 89 DEGREES 22 MINUTES 23 SECONDS W, ALONG SAID LINE, 9.95 FEET TO THE NE CORNER, S , FRACTIONAL NW 1/4 OF SAID SECTION 3; THENCE S 00 DEGREES 34 MINUTES 11 SECONDS W, ALONG THE EAST LINE OF THE FRACTIONAL NW 1/4 OF SAID SECTION 3, 1313.65 FEET TO THE NW CORNER OF THE SE 1/4 OF SAID SECTION 3; THENCE S 89 DEGREES 15 MINUTES 44 SECONDS E, ALONG THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 3, 657.18 FEET TO THE NE CORNER, W , W , SE 1/4 OF SAID SECTION 3; THENCE S 00 DEGREES 19 MINUTES 50 SECONDS W, ALONG THE EAST LINE OF THE W , W , SE 1/4 OF SAID SECTION 3, 1115.75 FEET; THENCE N 89 DEGREES 10 MINUTES 35 SECONDS W, 228.16 FEET; THENCE S 00 DEGREES 30 MINUTES 12 SECONDS W, 20.00 FEET; THENCE S 08 DEGREES 12 MINUTES 27 SECONDS E, 180.23 FEET TO THE SOUTH LINE OF THE N , SE 1/4 OF SAID SECTION 3; THENCE S 89 DEGREES 10 MINUTES 35 SECONDS E, ALONG SAID LINE, 201.46 FEET TO THE NE CORNER, W , W , S , SE 1/4 OF SAID SECTION 3; THENCE S 00 DEGREES 19 MINUTES 50 SECONDS W, ALONG THE EAST LINE OF THE W , W , SE 1/4 OF SAID SECTION 3, 468.94 FEET; THENCE S 89 DEGREES 57 MINUTES 50 SECONDS W, 108.25 FEET TO THE EASTERLY RIGHT_OF_WAY LINE OF U.S. HIGHWAY NO. 169; THENCE S 32*_14'_08 E, ALONG SAID LINE, 46.79 FEET TO A POINT 435.00 FEET FROM AND OPPOSITE STATION 521+50; THENCE S 26 DEGREES 15 MINUTES 27 SECONDS W, CONTINUING ALONG SAID LINE, 111.54 FEET TO A POINT 375.00 FEET FROM AND OPPOSITE STATION 522+75; THENCE S 10 DEGREES 43 MINUTES 20 SECONDS E, CONTINUING ALONG SAID LINE, 100.19 FEET TO A POINT 375.00 FEET FROM AND OPPOSITE STATION 524+05; THENCE S 30 DEGREES 17 MINUTES 45 SECONDS W, CONTINUING ALONG SAID LINE, 206.99 FEET TO A POINT 255.00 FEET FROM AND OPPOSITE STATION 525+80; THENCE S 07 DEGREES 26 MINUTES 43 SECONDS E, 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 S 29 DEGREES 58 MINUTES 19 SECONDS E, AN ARC DISTANCE OF 340.65 FEET TO A POINT 140.00 FEET FROM AND OPPOSITE C.S. STATION 532+62.5; THENCE S 46 DEGREES 59 MINUTES 26 SECONDS W, 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 S 46 DEGREES 49 MINUTES 15 SECONDS E, ALONG SAID LINE, 691.85 FEET TO A POINT 135.00 FEET FROM AND OPPOSITE S.C. STATION 539+50.9; THENCE S 31 DEGREES 40 MINUTES 25 SECONDS E, CONTINUING ALONG SAID LINE. 408.11 FEET TO A POINT 160.00 FEET FROM AND OPPOSITE STATION 544+00; THENCE S 17 DEGREES 00 MINUTES 38 SECONDS E, CONTINUING ALONG SAID LINE, 423.12 FEET TO A POINT 175.00 FEET FROM AND OPPOSITE STATION 548+72.7; THENCE S 12 DEGREES 37 MINUTES 04 SECONDS W, CONTINUING ALONG SAID LINE, 138.67 FEET TO A POINT 230.00 FEET FROM AND OPPOSITE STATION 550+00; THENCE S 39 DEGREES 46 MINUTES 20 SECONDS W, CONTINUING ALONG SAID LINE, 51.51 FEET TO THE NORTHEASTERLY RIGHT_OF_WAY LINE OF MISSOURI HIGHWAY NO. 9; THENCE N 53 DEGREES 46 MINUTES 06 SECONDS W, 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 S 00 DEGREES 20 MINUTES 42 SECONDS E, ALONG SAID LINE, 986.70 FEET TO THE SE 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 RECORDER'S OFFICE; THENCE S 86 DEGREES 23 MINUTES 08 SECONDS W, ALONG SAID SLOUGH CREEK CENTERLINE, 297.27 FEET; THENCE S 86 DEGREES 22 MINUTES 56 SECONDS W, CONTINUING ALONG SAID LINE, 45.13 FEET; THENCE S 86 DEGREES 57 MINUTES 12 SECONDS W, CONTINUING ALONG SAID LINE, 260.56 FEET; THENCE S 86 DEGREES 54 MINUTES 05 SECONDS W, CONTINUING ALONG SAID LINE, 45.09 FEET; THENCE S 86 DEGREES 51 MINUTES 56 SECONDS W, CONTINUING ALONG SAID LINE, 260.59; THENCE S 86 DEGREES 44 MINUTES 57 SECONDS W, CONTINUING ALONG SAID LINE, 301.52 FEET; THENCE S 62 DEGREES 21 MINUTES 36 SECONDS W, CONTINUING ALONG SAID LINE, 118.50 FEET; THENCE S 71 DEGREES 23 MINUTES 22 SECONDS W, CONTINUING ALONG SAID LINE, 137.80 FEET TO THE WEST LINE OF THE E OF BLOCKS 6 AND 15, SAID WILLSON RITCHEY; THENCE N 00 DEGREES 49 MINUTES 11 SECONDS E, ALONG SAID LINE, 1104.21 FEET; THENCE N 36 DEGREES 15 MINUTES 34 SECONDS E, 148.37 FEET TO THE SOUTHWESTERLY RIGHT_OF_WAY LINE OF SAID MISSOURI HIGHWAY NO. 9; THENCE N 48 DEGREES 26 MINUTES 36 SECONDS W, ALONG SAID LINE, 452.23 FEET TO A POINT 155.00 FEET FROM AND OPPOSITE STATION 1+19.93; THENCE WESTERLY, CONTINUING ALONG SAID LINE, 155.00 FEET FROM AND PARALLEL WITH THE CENTERLINE THEREOF, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2709.79 FEET AND AN INITIAL TANGENT BEARING OF N 72 DEGREES 49 MINUTES 34 SECONDS W, AN ARC DISTANCE OF 68.33 FEET TO THE WEST LINE, FRACTIONAL NW 1/4 OF SAID SECTION 10; THENCE N 00 DEGREES 49 MINUTES 11 SECONDS E, ALONG SAID LINE, 453.61 FEET TO THE SW CORNER OF THE FRACTIONAL SW 1/4, SAID SECTION 3; THENCE N 00 DEGREES 52 MINUTES 54 SECONDS E, ALONG THE WEST LINE OF THE FRACTIONAL SW 1/4 OF SAID SECTION 3, 2615.53 FEET TO THE SW CORNER OF THE FRACTIONAL NW 1/4 OF SAID SECTION 3; THENCE N 00 DEGREES 42 MINUTES 19 SECONDS E, 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.

CONTAINING APPROXIMATELY 15,253,140 SQ. FT. OR 350.1639 ACRES

 

TRACT 1 (tax parcel no. 13-804-02-13):

A tract of land in the Southwest Quarter (SW ) of Section 34, Township 51, Range 33, Kansas City, Clay County, Missouri, described as follows: Beginning at a point 240.08 feet West and 1159.8 feet North of the Southeast corner of the Southwest Quarter (SW ) of Section 34; thence West to a point 399.88 feet West of the East line of said Southwest Quarter (SW ) of Section 34, 535.3 feet to the Northerly Right-of-Way line of U.S. Highway No. 69; thence Easterly along said Northerly Right-of-Way line of U.S. Highway No. 69 to a point, said point being 240.08 feet West of the East line of said Southwest Quarter (SW ) of Section 34; thence North to the point of beginning; except that part in U.S. Highway No. 71 (I-29) and excepting any parts taken for streets or roadway.

 

TRACT 2 (tax parcel no. 13-804-02-11):

All that part of the Southwest of Section 34, Township 51, Range 33, in Kansas City, Clay County, Missouri, described: Beginning at a point 876.10 feet North of the South line and 399.88 feet West of the East line of said Southwest ; thence South and parallel to the East line of said Southwest a distance of 110.00 feet; thence West and parallel to the South line of said Southwest a distance of 138.72 feet; thence North and parallel to the East line of said Southwest a distance of 110.00 feet; thence East and parallel to the South line of said Southwest a distance of 138.72 feet to the point of beginning.

 

and (tax parcel no. 13-804-02-10):

 

All that part of the Southwest of Section 34, Township 51, Range 33, in Kansas City, Clay County, Missouri, described as follows: Beginning at a point 766.10 feet North of the South line and 399.88 feet West of the East line of said Southwest ; thence South and parallel to the East line of said Southwest a distance of 141.30 feet to a point in the North Right-of-Way line of U.S. Highway No. 69, thence West along the North line of said Highway 139.99 feet to a point in a line which is 538.60 feet West of the East line of said Southwest a distance of 135 feet; thence East and parallel to the South line of said Southwest , a distance of 138.72 feet to the point of beginning.

 

and (tax parcel no. 13-804-02-12):

 

All that part of the Southwest of Section 34, Township 51, Range 33, in Kansas City, Clay County, Missouri, described: Beginning at a point 1,159.8 feet North of the South line and 399.88 feet West of the East line of said Southwest ; thence South and parallel to the East line of said Southwest a distance of 270 feet; thence West and parallel to the South line of said Southwest a distance of 138.72 feet; thence North and parallel to the East line of said Southwest a distance of 270 feet; thence East and parallel to the South line of said Southwest a distance of 138.72 feet to the point of beginning.

 

TRACT 4 (tax parcel no. 13-804-02-14):

A tract of land in the Southwest of Section 34, Township 51, Range 33, Clay County, Missouri described as follows: Beginning at a point in the East line of the Southwest of said Section 34, 1159.8 feet North of the Southeast corner thereof; thence West 399.88 feet; thence South and parallel to said East line of the Southwest of Section 34, 535.3 feet to the Northerly line of Highway No. 69, thence Easterly along said Northerly line on Highway No. 69, 148.19 feet to a point; thence Southwesterly 10 feet; thence Southeasterly along the Northerly line of Highway No. 69, 273.4 feet to said East line of the Southwest of said Section 34; thence North 667.3 feet to the point of beginning; except tract conveyed to Marvin F. Morgan and Helen E. Morgan by deed recorded in Book 411 at Page 492, subject to conveyances of record to the State of Missouri for road purposes including deed recorded in Book 583 at Page 212, and except that part of said tract conveyed to State of Missouri (State Highway Commission) by Deed described as Tract 18, in 1972.

 

TRACT 5 (tax parcel no. 13-804-2-09):

The West 25 feet (measured along the North line) of the following described tract of land. A tract of land in the Southwest Quarter of Section 34, Township 51, Range 33, Kansas City, Clay County, Missouri, described as follows: Beginning at a point 399.88 feet West of the East line and 1159.80 feet North of the South line of said Southwest Quarter; thence South 535.30 feet to the North line of Highway No. 69; thence Westerly 140.0 feet along said North line of the Highway; thence South 10 feet; thence Westerly along said North line of the Highway 23.92 feet; thence North and parallel with the first described line 539.70 feet; thence East 163.72 feet to the point of beginning. Also, the East 60 feet of the following described tract of land, a tract of land in the Southwest Quarter of Section 34, Township 51, Range 33, in Kansas City, Clay County, Missouri, described as follows: Beginning at a point 563.60 feet West of the East line and 1159.80 feet North of the South line of said Southwest Quarter; thence South 539.70 feet to the Northerly line of Highway 69; thence Westerly along the Northerly line of said Highway 69, a distance of 362.69 feet; thence North 620.35 feet; thence East 353.07 feet to the point of beginning.

 

Less

 

All of the West 15 feet of the East 60 feet of the following described tract of land, a tract of land in the Southwest Quarter of Section 34, Township 51, Range 33, in Kansas City, Clay County, Missouri, described as follows: Beginning at a point 563.60 feet West of the East line and 1159.80 feet North of the South line of said Southwest Quarter; thence South 539.70 feet to the Northerly line of Highway 69; thence Westerly along the Northerly line of said Highway 69, a distance of 362.69 feet; thence North 620.35 feet; thence East 353.07 feet to the Point of Beginning.

 

 

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, and Ordinance No. 970713 with respect to the Redevelopment Plan are not affected by the Fourth Amendment and apply equally to the Fourth 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 Fourth 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 Fourth 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 Fourth 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:

 

 

 

_____________________________________

Assistant City Attorney