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