ORDINANCE NO. 080923

Accepting the recommendation of the Tax Increment Financing Commission as to the Southtown Urban Life Development Tax Increment Financing Plan; approving the Southtown Urban Life Development Tax Increment Financing Plan; and designating a 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, the Southtown Urban Life Development Tax Increment Financing Plan (the Redevelopment Plan) was proposed to 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 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 August 16, 2008, adopted its Resolution No. 8-16-08 (the Resolution) recommending to the City Council the approval of the Redevelopment Plan; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. The recommendation of the Commission concerning the Redevelopment 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. 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. The following described area is hereby designated a Redevelopment Area:

All that part of the Northwest Quarter of Section 3 and that part of the Northeast Quarter of Section 4, all in Township 48, Range 33, in Kansas City, Jackson County, Missouri, described as follows: Commencing at the Quarter corner to said Sections 3 and 4; thence South 86 42' 42" East, along the South line of the Northwest Quarter of said Section 3, a distance of 39.46 feet; thence North 03 17' 18" East, along a line normal to the preceding course, a distance of 40.18 feet to a point on the Easterly projection of a line lying 40 feet North of, as measured normal to, and running parallel with the South line of the Northeast Quarter of said Section 4, said point being the point of beginning; thence North 86 58' 41" West, along said parallel line, a distance of 329.17 feet to a Southwesterly corner of Lot 1, Summers Wharf, a subdivision in said City, County and State; thence South 83 23' 03" West, a distance of 59.73 feet to the Southeast corner of Lot 40, Beachwood, a subdivision in said City, County and State; thence North 86 58' 41" West, a distance of 1078.29 feet to the Southwest corner of Lot 126, of said Beachwood; thence North 02 19' 05" East, a distance of 165.00 feet to the Northwest corner of Lot 123, of said Beachwood; thence South 86 58' 41" East, a distance of 127.41 feet to the Northeast corner of said Lot 123; thence North 02 15' 10" East, a distance of 410.66 feet to the Southeast corner of Lot 6, Blue Hills Court, a subdivision in said City, County and State; thence North 87 31' 08" West, a distance of 166.89 feet to the Southwest corner of said Lot 6; thence North 12 37' 54" East, along the Westerly boundary of said Lot 6 and Lot 5 of said Blue Hills Court, a distance of 223.34 feet to a corner on the westerly boundary of said Lot 5; thence North 54 01' 27" East, a distance of 85.00 feet to the Northwest corner of said Lot 5; thence South 65 30' 04" East, along the Northerly line of said Lot 5, a distance of 88.99 feet to the Northeasterly corner thereof; thence along a curve to the right, to which the preceding course is radial, having a radius of 302.00 feet, an arc distance of 200.40 feet to a point on the North line of said Blue Hills Court; thence South 87 31' 08" East, along said North line, a distance of 54.52 feet to a point on the East Boundary line of Citadel Center, a subdivision in said City, County and State; thence North 02 14' 57" East, along said East line a distance of 192.66 feet to a point 1277.15 feet South of the North line of the Northeast Quarter of said Section 4; thence South 87 30' 59" East, along a westerly projection of the North line of Eastlake Addition, a subdivision in said City County and State, a distance of 461.11 feet to a point on the Southerly projection of the West right-of-way line of Olive Street, as platted with the record plat of Hedinger & Millers 2nd Addition, a subdivision in said City, County and State; thence North 02 15' 40" East, along said Southerly projected West right-of-way line and its Northerly projection, a distance of 689.69 feet to a point on the North right-of-way line of 60th Street; thence South 87 27' 42" East, along said North right-of-way line, a distance of 307.36 feet to a point on the West right-of-way line of Wabash Avenue; thence North 01 59' 14" East, along said West right-of-way line, a distance of 557.41 feet to a point on the South right-of-way line of 59th Street; thence South 87 28' 00" East, along said South right-of-way line and its Easterly projection, a distance of 366.19 feet to a point on the Westerly right-of way line of Relocated U.S. Route 71, a.k.a. South Midtown Freeway, a.k.a. Bruce R. Watkins Drive; thence South 02 15' 23" West, a distance of 20.26 feet, this and the remaining thirty (30) courses being along said Westerly right-of-way line; thence North 82 31' 31" East, a distance of 14.12 feet; thence North 82 31' 06" East, a distance of 37.57 feet; thence South 77 26' 01" East, a distance of 121.06 feet; thence South 02 15' 15" West, a distance of 104.99 feet; thence South 86 42' 00" East, a distance of 30.01 feet; thence South 02 15' 15" West, a distance of 300.20 feet; thence North 86 43' 05" West, a distance of 45.01 feet; thence North 86 43' 23" West, a distance of 25.10 feet; thence South 01 06' 47" West, a distance of 100.06 feet; thence South 03 01' 13" West, a distance of 150.06 feet; thence North 86 43' 50" West, a distance of 13.87 feet; thence South 02 15' 11" West, a distance of 100.02 feet; thence South 86 43' 44" East, a distance of 56.28 feet; thence South 02 15' 31" West, a distance of 300.05 feet; thence North 86 43' 27" West, a distance of 75.05 feet; thence South 02 15' 22" West, a distance of 100.02 feet; thence South 86 44' 20" East, a distance of 25.02 feet; thence South 02 15' 54" West, a distance of 49.02 feet; thence South 02 14' 55" West, a distance of 101.00 feet; thence South 86 43' 40" East, a distance of 50.05 feet; thence South 02 15' 15" West, a distance of 150.01 feet; thence South 07 08' 44" West, a distance of 234.54 feet; thence North 86 42' 59" West, a distance of 50.07 feet; thence South 02 15' 27" West, a distance of 81.02 feet; thence South 02 14' 31" West, a distance of 50.00 feet; thence South 02 15' 18" West, a distance of 525.08 feet; thence South 74 21' 51" West, a distance of 46.26 feet; thence South 81 56' 20" West, a distance of 25.44 feet; thence North 86 43' 25" West, a distance of 61.05 feet; thence South 02 16' 14" West, a distance of 9.47 feet to 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, 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 and the 63rd Street Corridor Plan, together 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 adoption 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; and

(h) The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment.

(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. The City and/or the Commission is authorized to issue obligations in one or more series of bonds secured by the Southtown Urban Life Development Tax Increment Financing Plan 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 City and/or 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 generated from Redevelopment Projects that are deposited into the Southtown Urban Life Development Tax Increment Financing Plan 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:

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Heather A. Brown

Assistant City Attorney