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HomeMy WebLinkAbout2013-R-7 RESOLUTION NO. RESOLUTION AMENDING THE RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION ENTITLED "DECLARATORY RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION" WHEREAS, the Jeffersonville ( "City ") Redevelopment Commission ( "Commission ") did on December 22, 1995, adopt a Declaratory Resolution, as amended on December 1, 1999, June 15, 2005 and May 27, 2008 (collectively, as amended, "Declaratory Resolution ") establishing and enlarging the Inner City Road Economic Development Area ( "Area ") and the Declaratory Resolution was confirmed by a confirmatory resolution adopted on February 28, 1996 ("Confirmatory Resolution"); WHEREAS, the Declaratory Resolution and the Confirmatory Resolution are hereinafter collectively referred to as the "Area Resolution "; WHEREAS, the Area Resolution approved the Economic Development Plan, as amended ( "Original Plan "), which Original Plan contained specific recommendations for economic development in the Area; WHEREAS, the Area Resolution established an allocation area in accordance with IC 36- 7 -14 -39 for the purpose of capturing property taxes generated from the incremental assessed value of real and depreciable personal property located in the Allocation Area; WHEREAS, the Commission now desires to amend the Area Resolution and the Original Plan to improvements as described on Exhibit A, together with all necessary appurtenances and related improvements and equipment in, serving or benefiting the Area (collectively, "2013 Projects") in the list of projects in the Original Plan ( "2013 Plan"); WHEREAS, IC 36 -7 -14 -17.5 authorizes the Commission to amend the Area Resolution, after conducting a public hearing, if it finds that: 1. The amendment is reasonable and appropriate when considered in relation to the Area Resolution, the Original Plan and the purposes of IC 36 -7 -14; and 2. The Area Resolution and the Original Plan, with the proposed amendment, conforms to the comprehensive plan for the City; NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE REDEVELOPMENT COMMISSION THAT: 1. The Area Resolution and the Original Plan are hereby amended to include the 2013 Projects. The 2013 Projects shall be funded in accordance with the bond resolutions and a resolution of the Commission restating Resolution No. 2, adopted by the Commission in 2006 in connection with certain lease financings completed by the City; all of such resolutions are attached hereto and incorporated herein by reference. 1/2809971.1 2. The Commission now finds and determines, after consideration of the evidence presented, that it will be of public utility and benefit to amend the Area Resolution and the Original Plan to include the 2013 Projects. 3. The Commission now finds and determines, after consideration of the evidence presented, that the public health and welfare will be benefited by the amendment to the Area Resolution and Original Plan and the implementation of the 2013 Plan. 4. The Commission now finds and determines, after consideration of the evidence presented, that the proposed amendment above is reasonable and appropriate when considered in relation to the Area Resolution, the Original Plan and the economic development purposes set forth in IC 36- 7- 14 -14; constitutes local public improvements; and that the Area Resolution and the Original Plan, with the amendment, conform to the comprehensive plan for the City. 5. The presiding officer of the Commission is hereby authorized and directed to submit this resolution to the Jeffersonville Plan Commission ( "Plan Commission ") for its approval. 6. The Commission also directs the presiding officer, after receipt of the written order of approval of the Plan Commission which has been approved by the Common Council, to publish notice of the adoption and substance of this resolution in accordance with IC 5 -3 -1 -4 and to file notice with the Plan Commission, the Board of Zoning Appeals, the Building Commissioner, the Board of Parks and Recreation and any other departments or agencies of the City concerned with unit planning, zoning variances, land use or the issuance of building permits. The notice must state that maps and plats have been prepared and can be inspected at the office of the City's department of redevelopment and must establish a date when the Commission will receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed 2013 Projects and will determine the public utility and benefit of the proposed 2013 Projects. 7. The Secretary is instructed to submit this resolution to the Common Council for approval of the amendment to the Area Resolution and Original Plan. 8. In all other respects, the Area Resolution and Original Plan are hereby ratified and confirmed. 9. This resolution is effective upon passage. -2 1/2809971.1 Adopted at a meeting of the Commission held February 20, 2013, in Jeffersonville, Indiana. JEFFERSONVILLE REDEVELOPMENT COMMISSION Cy President Attest: i Secretary • -3 112809971.1