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Legislation #: 040101 Introduction Date: 1/29/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Accepting the recommendations of the Tax Increment Financing Commission as to and approving the Fourth Amendment to the Brush Creek Corridor Tax Increment Financing Plan and designating a redevelopment area, as further amended.

Legislation History
DateMinutesDescription
2/4/2004

Referred Planning, Zoning & Economic Development Committee

2/4/2004

Hold On Agenda

2/11/2004

Hold On Agenda

2/25/2004

Hold On Agenda

3/3/2004

Advance and Do Pass as a Committee Substitute

3/4/2004

Passed as Substituted


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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040101

 

Accepting the recommendations of the Tax Increment Financing Commission as to and approving the Fourth Amendment to the Brush Creek Corridor Tax Increment Financing Plan and designating a redevelopment area, as further amended.

 

WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, 1986, as amended (the "Act"), the City Council of Kansas City, Missouri, by Ordinance No. 54556, passed on November 24, 1982, and thereafter repealed and amended in certain respects by Committee Substitute to Ordinance No. 911076, as amended, passed on August 29, 1991, created the Tax Increment Financing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 Brush Creek Corridor Tax Increment Financing Plan (the "Plan") was approved by the Commission and passed by the City Council on March 11, 1999, by Ordinance No. 990251; and

 

WHEREAS, the First Amendment expanded the boundaries of the Redevelopment Area described in the Plan, designated the Redevelopment Area, as amended, as a Conservation Area under the Act and discussed the possibility of additional Redevelopment Project Areas within the expanded area; and

 

WHEREAS, the Council accepted the recommendations of the Commission and approved the First Amendment on June 8, 2000, by passage of Committee Substitute for Ordinance No. 000606; and

 

WHEREAS, the Second Amendment provided for the addition of the Plaza East Project to the Plan in four phases; and

 

WHEREAS, the Council accepted the recommendations of the Commission and approved the Second Amendment on October 19, 2000, by passage of Ordinance No. 001378, As Amended; and

WHEREAS, the Third Amendment increased the Plans overall total project costs to $169,537,727.00; and

 

WHEREAS, the Council accepted the recommendations of the Commission and approved the Third Amendment on December 4, 2003, by passage of Ordinance No. 031298; and

 

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

WHEREAS, after all proper notice was given, the Commission met in public hearing regarding the Fourth Amendment, which hearing was held on January 14, 2004, at which time, after


receiving the comments of all interested persons and taxing districts, the Commission approved Resolution No.01-05-04 (the "Resolution") recommending to the City Council the approval of the Fourth Amendment; and

 

WHEREAS, the Fourth Amendment provides for the construction of a grocery store, retail and office in Projects B and C of the Blue Parkway Town Center Redevelopment and expansion of the Redevelopment area and Project Area B, and updates the Plan to reflect changes in estimated redevelopment costs, projected revenues and other related details; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. The recommendations 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.

 

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.

 

Section 3. The following-described tracts are hereby designated as the Redevelopment Area, as further amended:

 

Beginning at the midpoint of the center line of Oak Street and 45th Street; continue east along said centerline to the centerline of Rockhill Road; then south/southeasterly along said centerline to the centerline of 47th Street; then east along said centerline to the west lot line of Lot 4, Block 14, Rock Hill Amended Plat; then north along said east line to the centerline of 46th Street; then east along said centerline to the centerline of Harrison; then north along said centerline to the centerline of 45th Street; then east along said centerline to the centerline of The Paseo; then south along said centerline to the centerline of Brush Creek Boulevard; then easterly along said centerline to the west lot line of Lot 27, Resurvey of Kemper Heights; then north along said west lot line to the centerline of 46th Street; then east along said centerline to the centerline of Prospect; then south along said centerline to the centerline of Brush Creek Boulevard; then easterly along said centerline to the centerline of Elmwood; then south along said centerline to the centerline of Blue Parkway; then east along said centerline to the centerline of Lawn; then south along said centerline to the northeast corner of Lot 24, Bluebanks; then west along the north line of Lots 24 and 35, Bluebanks, to the west line of vacated Elmwood Avenue; then south along said centerline to the centerline of 51st Street; then west along said centerline of 51st Street to the northerly extension of the east line of Lot 24, Sheraton Estates; then south along the northerly extension of and the east line of Lot 24, Sheraton Estates, to the south property line of said Lot 24, Sheraton Estates, said line also being the north property line of Lot 15, Block 6, Sheraton Estates; then west along the south property line of said Lot 24, Sheraton Estates, said line also being the north property line of Lot 15, Block 6, Sheraton Estates, to the intersection with the southeasterly property line of Tract A, Sheraton Estates; then southwesterly along the northwesterly property line of Lots 16 through 19, Block 6, Sheraton Estates, said line also being the southeasterly property line of Tract A, Sheraton Estates to the westerly property line of Lot 19, Block 6, Sheraton Estates; then south along the westerly property line of Lot 19, Block 6, Sheraton Estates, to the southerly property line of Lot 19, Block 6, Sheraton Estates; then southwesterly along the south property line of Tract A, Sheraton Estates to the easterly property line of Lot 20, Block 6, Sheraton Estates; then northwesterly along the easterly line of Lot 20, Block 6, Sheraton Estates to the northwesterly property line of Lot 20, Block 6, Sheraton Estates, said line also being the southerly property line Tract A, Sheraton Estates; then southwesterly along the northerly property lines of Lots 20 through 23, Block 6, Sheraton Estates, to the centerline of Jackson Avenue; then south along said centerline to the centerline of 53rd Street; then west along said centerline to the centerline of Swope Parkway; then northerly along said centerline to the centerline of 51st Street; then west along said centerline to the east line of Lot 16, McMahon Heights; then north along said east lot line to the centerline of 50th Street; then north along the east lot line of Lot 18, Evanston Heights to the centerline of 49th Street; then west along said centerline to the centerline of Troost; then south along said centerline to the centerline of 50th Street; then west along said centerline to the centerline of Rockhill Road; then northwest along said centerline to the centerline of Cherry; then southwest along said centerline to the centerline of 50th Street; then west along said centerline to the centerline of Oak Street; then north along said centerline approximately 327 feet; then west approximately 137 feet, then north approximately 38 feet; then west approximately 441 feet to the centerline of Brookside Boulevard; then north along said centerline approximately 316 feet along said centerline to the centerline of 49th Street; then west along centerline of 49th Street to the centerline of Main; then north along said centerline to the centerline of 47th Street; then east along said centerline to the west lot line of Lot 28, South Moreland Amended Plat; then north along said lot line 121.68 feet then east/southeasterly 112.93 feet to the southwest corner of Lot 22, South Moreland Amended Plat; then north/northeasterly 36.92 feet along the westerly lot line of said lot to the south lot line of Lot 23, South Moreland Amended Plat; then west/northwesterly 125.92 feet to the east lot line of Lot 24, South Moreland Amended Plat; then west/northwesterly 87.56 feet along the south lot line of said lot to the east lot line of Lot 25, South Moreland Amended plat; then west 102.8 feet along the southern lot line of Lot 25, then north 70 feet along the west lot line of Lot 25 to the center line of East 46th Street; then easterly along said centerline to the centerline of Walnut; then east/northeasterly along said centerline to the centerline of Warwick; then north along said centerline to the centerline of 45th Street; then east along said centerline to the centerline of Oak Street; then north along said centerline 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 further amended, as a whole is a conservation area;

 

(b) The following factors are hereby found to exist in the Redevelopment Area, as further amended, to-wit:

(i) The median age of 50% of the structures in the census tracts within the area is 35 years or older.

 

(ii) There is evidence of dilapidation, obsolescence, illegal use of structures, excessive vacancies, structures below current code standards and other potentially blighting factors referenced in Section 99.805(3), RSMo.

 

(c) The Redevelopment Area, as further amended, as a whole 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 and such fact is acknowledged in an affidavit included in the Plan as Exhibit 14 thereto;

 

(d) The Redevelopment Area, as further amended, includes only those parcels of real property directly and substantially benefitted by the proposed Redevelopment Projects;

 

(e) The Fourth Amendment to the Redevelopment Plan conforms to the applicable area plan and to FOCUS, the comprehensive plan for the development of the City as a whole;

 

(f) 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 Fourth Amendment to 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 further amended;

 

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

 

(h) A cost benefit analysis showing the economic impact of the Fourth Amendment to the Redevelopment Plan on each taxing district at least partially within the boundaries of the Redevelopment Area, as further amended, has been prepared.

 

(i) The Fourth Amendment to the Redevelopment Plan 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 Brush Creek Corridor Account of the Special Allocation Fund to finance Redevelopment Project Costs within the Redevelopment Area, as further 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 Fourth Amendment to 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 Fourth Amendment to the Redevelopment Plan, the City Council approves the pledge of all funds that are deposited into the Brush Creek Corridor Account of the Special Allocation Fund to the payment of Redevelopment Project Costs within the Amended Redevelopment Area and authorizes the Commission to pledge such funds on its behalf.

 

Section 7. The City Council hereby finds that good cause has been shown for the amendment of the Plan and that the findings of the Council in Ordinance Nos. 99025, 000606, 001378, As Amended, and 031298 are not affected by the Fourth Amendment and apply equally to the Fourth Amendment.

 

__________________________________________________________________

 

Approved as to form and legality:

 

 

_________________________________

Heather A. Brown

Assistant City Attorney