COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 970083

Accepting the recommendations of the Tax Increment Financing Commission as to the First Amendment to the Uptown Tax Increment Financing Plan, approving the First Amendment to the Uptown Tax Increment Financing Plan; and designating an Expanded Redevelopment Area.

WHEREAS, the Council 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 June 16, 1994, the Council passed Ordinance No. 940715, which accepted the recommendations of the Commission as to the Uptown Tax Increment Financing Plan (the "Redevelopment Plan"), approved the Redevelopment Plan, found the Redevelopment Area to be a blighted area; designated the Redevelopment Area as a Redevelopment Area pursuant to the Act; approved an agreement with the Commission; and authorized the Commission to take all such action as may be needed to effectuate the Redevelopment Plan; and

WHEREAS, said Redevelopment Plan has been proceeding, and the Redevelopment Projects described therein remain necessary to improve the Redevelopment Area, as amended; and

WHEREAS, an amendment to the Redevelopment Plan entitled "The First Amendment to the Uptown Tax Increment Financing Plan" ("First Amendment") affecting the area described therein was proposed to 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 January 8, 1997 and on January 8, 1997, adopted Resolution No. 1-7-97 ("Resolution") recommending that the City Council approve the First Amendment and designate the area described therein as a Redevelopment Area under the Act; and

WHEREAS, the intent of the First Amendment is the expand the boundaries of the Redevelopment Area and to include additional area in which a series of 6 additional Redevelopment Projects are to be completed. The additional projects are intended to eliminate or reduce those conditions, the existence of which support characterizing the Redevelopment Area, as amended, as a blighted area and to enhance the tax base within such area but are not intended to have any effect on the Redevelopment Projects described in the Redevelopment Plan, as passed by the City Council by Ordinance No. 940715 on June 16, 1994; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. The recommendation of the Commission concerning the First Amendment as set forth in the Resolution attached hereto as Exhibit "A" is accepted and the First Amendment, a copy of which is attached as Exhibit "B," is approved and adopted as valid and the Redevelopment Projects contained therein are hereby authorized.

Section 2. 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 (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:

Beginning at the intersection of the center line of Broadway Avenue and the center line of Knickerbocker Place; thence west along the centerline of Knickerbocker Place 247.5 feet; thence south along a straight line 247.5 feet west of and parallel to the center line of Broadway Avenue to the south lot line of Lot 18, VINEWOOD ADDITION; thence west along the south lot line of Lot 18, VINEWOOD ADDITION to the center line of Pennsylvania Avenue; thence southerly along the centerline of Pennsylvania Avenue to the centerline of Valentine Road; thence east along the centerline of Valentine Road to the northerly extension of the centerline of Washington Street; thence south along the centerline of Washington Street to the westerly extension of a line 75 feet north of and parallel to the south lot line of Lot 7, MCGEE PLACE IN WESTPORT; thence east 132.6 feet along a line 75 feet north of and parallel to the south lot line of Lot 7, MCGEE PLACE IN WESTPORT; thence south along a line 132.6 feet east and parallel to the east right-of-way line of Washington Street to the south lot line of Lot 25, MCGEE PLACE IN WESTPORT; thence west along the south lot line Lot 25, MCGEE PLACE IN WESTPORT to the centerline of Washington Street; thence south along the centerline of Washington Street to the westerly extension of the south lot line of Lot 24, MCGEE PLACE IN WESTPORT; thence east along the south lot line of Lot 24, MCGEE PLACE IN WESTPORT and its extension to a point 13 feet west of and parallel to the west lot line of Lot 12, MCGEE PLACE IN WESTPORT; thence south along a line 13 feet west of and parallel to the west lot line of Lot 12, MCGEE PLACE IN WESTPORT, to the south lot line of Lot 23, MCGEE PLACE IN WESTPORT; thence east along the south lot line of Lot 23, MCGEE PLACE IN WESTPORT to the west lot line of Lot 12, MCGEE PLACE IN WESTPORT; thence south along the west lot line of Lots 13, 14 and 15, MCGEE PLACE IN WESTPORT to the south line of said Lot 15, MCGEE PLACE IN WESTPORT; thence east along the south lot line of Lot 15, MCGEE PLACE IN WESTPORT to the west right-of-way line of Broadway Avenue; thence south along the west right-of-way line of Broadway to the center line of 38th Street; thence west along the center line of 38th Street to the center line of Washington Street; thence south along the center line of Washington Street to the westerly extension of a line 50 feet north of and parallel to the south lot line of Lot 5, A B H MCGEE'S ADDITION; thence east 81.5 feet along a line 50 feet north of and parallel to the south lot line of Lot 5, A B H MCGEE'S ADDITION; thence south 40 feet along a line 81.5 east of and parallel to the west lot line of Lot 5, A B H MCGEE'S ADDITION; thence west along a line 10 feet north of and parallel to the south lot line of Lot 5, A B H MCGEE'S ADDITION to the center line of Washington Street; thence south along the center line of Washington Street to the center line of 39th Street; thence east along the center line of 39th Street to the center line of Broadway Avenue; thence north along the centerline of Broadway to the westerly extension of the south lot line of Lot 17, Block 24, HYDE PARK; thence east along the south lot line of Lot 17, Block 24, HYDE PARK, to the east lot line of Lot 17, Block 24, HYDE PARK; thence north along the east lot line of Lots 17 through 23, inclusive, of Block 24, HYDE PARK to the south lot line of Lot 1, Block 24, HYDE PARK; thence east along the south lot line of Lot 1, Block 24, HYDE PARK to the center line of Central Street; thence north along the center line of Central Street to the center line of 36th Street; thence west along the center line of 36th Street to the center line of Broadway Avenue; thence north along the center line of Broadway Avenue to the point of beginning, all included in and a part of Kansas City, Jackson County, Missouri.

Section 4. The Council 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. 940715 with respect to the

Redevelopment Plan is not affected by the First Amendment and apply equally to the

First 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;

(c) The Redevelopment Plan, as amended, conforms to the comprehensive plan for the development of the City as a whole;

(d) The estimated dates of completion of the respective Redevelopment Projects and retirement of any 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, as amended;

(e) A plan has been developed for relocation assistance for businesses and residences.

Section 5. The Commission is authorized to issue obligations in one or more series secured by the Uptown 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 take 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 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, as amended, the Council approves the pledge of all funds generated from Redevelopment Projects that are deposited into the Uptown Account of the Special Allocation 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.

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Approved as to form and legality:

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Assistant City Attorney