HomeMy WebLinkAbout2023-R-10 Resolution Confirming 2023-R-5 The Declaratory of Redevelopment Establishing the Jeff Boat RD Project Area & Allocation Area 20240012142 MISC $25.00
01/ 12:30:19P 15 PGS
Steve Gill
Clark County Recorder IN
JEFFERSONVILLE REDEVELOPMENT COMM SIGN Recard'd as Presented
RESOLUTION NO. 7°2 .3 1- I INIG'liiiiii??� �,"I�NII11?l��lfll,'G��I��(�►��NppJJUU��+++Np
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RESOLUTION CONFIRMING RESOLUTION NO. 2023-I�= THE DECLARATORY OF
THE JEFFERSONVILLE REDEVELOPMENT COMMISSION ESTABLISHING THE JEFF BOAT
REDEVELOPMENT PROJECT AREA AND ALLOCATION AREA
WHEREAS, the Jeffersonville (City) Redevelopment Commission (Commission) is the
governing body of the Jeffersonville Redevelopment District (Redevelopment District),
established and operating In accordance with IC 36-7-14 and IC 36-7-25 (the Act);
WHEREAS, on October 25, 2023, the Commission adopted a Declaratory Resolution
(Declaratory Resolution), establishing the Jeff Boat Redevelopment Project Development Area
(Area)
WHEREAS, the Declaratory Resolution established an allocation area in accordance with
IC 36-7-14-39 (Allocation Area) for the purpose of capturing property taxes generated from the
incremental assessed value of real property(Tax Increment) located in the Allocation Area;
WHEREAS, the Declaratory Resolution approved the Redevelopment Plan (Plan), which
Plan contained specific recommendations for economic development in the Area;
WHEREAS, on November 28, 2023, the Plan Commission issued its order: (i) finding and
determining that the Declaratory Resolution and the Plan conform to the plan of development
for the City; and (ii) approving the Declaratory Resolution and Plan (Plan Commission Order);
WHEREAS, on December 4, 2023, the Common Council approved the Plan Commission
Order;
WHEREAS, on December 12, 2023, the Commission published notice in the News &
Tribune of the adoption and substance of the Declaratory Resolution, and of a public hearing on
the Declaratory Resolution and Plan,in accordance with IC 36-7-14-17 and IC 5-3-1;
WHEREAS,copies of the notice were filed in the office of the Plan Commission,the Board
of Zoning Appeals, the Building Commissioner, and any other offices, agencies or departments
having to do with City planning, variances from zoning ordinances, land use or the issuance of
building permits; and
WHEREAS, on December 27, 2023 the Commission conducted a public hearing at which
the Commission heard from all persons interested in or affected by the proceedings pertaining
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AuaMa CiSrk Coun4
to the proposed projects or other actions to be taken under the Declaratory Resolution and
considered all written remonstrances or objections that were filed;
NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE REDEVELOPMENT COMMISSION,
THAT:
Section 1. The Declaratory Resolution and the Plan as approved by the Commission on October
25, 2023, copies of which are attached hereto and incorporated herein, are hereby confirmed.
Section 2. The Commission finds that the establishment of the Area and the projects to be
undertaken in the Area are of public utility and benefit.
Section 3. The Commission finds and determines that no residents of the Area will be displaced
by the establishment of the Area and the Commission is not required to develop plans for
transitional or permanent provisions for housing for residents of the Area.
Section 4. The Secretary of the Commission is hereby directed to file a copy of this resolution,
together with the Declaratory Resolution, Plan and Factual Report, together with lists of parcel
numbers of real property in the Allocation Area, with: (i)the Clark County Recorder; (ii)the Clark
County Auditor; and (iii)the Department of Local Government Finance no later than January 26,
2024.
Section 5. This resolution shall be effective from and after passage.
Adopted this 27th day of December 2023.
JEFFERSONVILLE REDEVELOPMENT COMMISSION
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Presi to2-Y-1
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Attach Declaratory Resolution and Plan
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RESOLUTION NO. 2023-R- 5
BEFORE THE JEFFERSONVILLE REDEVELOPMENT COMMISSON
STATE OF INDIANA
DECLARATORY RESOLUTION OF THE JEFFERSONVILLE
REDEVELOPMENT COMMISSION ESTABLISHING THE JEFF BOAT
REDEVELOPMENT AREA AND ALLOCATION AREA AND
APPROVING A REDEVELOPMENT PLAN
WHEREAS, Jeffersonville(City)Redevelopment Commission(Commission) is the
governing body of the Jeffersonville Redevelopment District (Redevelopment District)
established and operating in accordance with IC 36-7-14 and IC 36-7-25 (the Act);
WHEREAS, the Commission has investigated, studied, and surveyed areas
needing redevelopment within the corporate boundaries of the City;
WHEREAS, the Commission has selected an area needing redevelopment to be
redeveloped and acquired under Act;
WHEREAS, the Commission will replan and dispose of the area needing
redevelopment in the manner that best serves the social and economic interests of the
City and its inhabitants;
WHEREAS, the Commission has prepared a redevelopment plan (Plan) for the
selected redevelopment project area, which plan is attached hereto and incorporated by
reference in this resolution;
WHEREAS, the Commission has caused to be prepared:
(1) maps and plats showing:
(A) the boundaries of the redevelopment project area in which property would be
acquired for, or otherwise affected by, the establishment of a redevelopment
project area;
(B) the location of the various parcels of property, streets, alleys, and other
features affecting the acquisition, clearance, remediation, replatting, replanning,
rezoning, or redevelopment of the area, indicating any parcels of property to be
excluded from the acquisition or otherwise excluded from the effects of the
establishment of the redevelopment project area; and
(C) the parts of the area acquired, if any, that are to be devoted to public ways,
levees, sewerage, parks, playgrounds, and other public purposes under the Plan;
(2) lists of the owners of the various parcels of property proposed to be acquired
for, or otherwise affected by, the establishment of the redevelopment project area; and
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(3) an estimate of the costs, If any, to be incurred for the acquisition and
redevelopment of property; and
WHEREAS, the Commission has caused to be prepared a factual report(Report)
in support of the findings contained in this resolution,which Report is attached hereto and
incorporated herein by reference in this resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE
REDEVELOPMENT COMMISSION:
Section 1. The Commission has selected a redevelopment project area within Its
jurisdiction, which the Commission hereby designates as the Jeff Boat Redevelopment
Project Area (Redevelopment Project Area) and which Redevelopment Project Area is
described in Exhibit A.
Section 2. The Commission finds that
(1)the Redevelopment Project Area is an area needing redevelopment;
(2) the conditions described in IC 36-7-1-3 cannot be corrected in the Area by
regulatory processes or the ordinary operations of private enterprise without resort to the
Act;
(3) the public health and welfare will be benefited by the acquisition and
redevelopment of the Redevelopment Project Area the Act as a redevelopment project
area;
(4) the Redevelopment Project Area is a menace to the social and economic
interest of the City and Its inhabitants;
(5)it will be of public utility and benefit to acquire the area and redevelop it under
the Act; and
(6) the Plan for the Redevelopment Project Area consists of public uses and
purposes for which public money may be spent and private property may be acquired.
Section 3. The Commission finds that the Plan cannot be achieved by regulatory
processes or by the ordinary operation of private enterprise without resort to the powers
allowed to the Commission under the Act(But For) because of:
(A) The lack of local public road and sewer improvements;
(B) Existence of conditions that lower the value of the land below nearby land;
and
(C) The lack of public facilities needed for potential industrial and commercial
development to be realized.
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Section 4. The Commission finds that the public health and welfare will be
benefited by the accomplishment of the Plan for the Redevelopment Project Area,
specifically by: : devoting parts of the area to public ways, levees, sewers, parks,
greenspace and other public purposes.
Section 5. The Commission finds that the Plan for the Redevelopment Project
Area conforms to other development and redevelopment plans for the City.
Section.6. The Commission does not now plan to acquire Interests in real property
within the boundaries of the Redevelopment Project Area. If the Commission determines
that it is necessary to acquire real property in the Redevelopment Project Area, it will
amend the Plan and this resolution.
Section 7. The Commission estimates that the cost of implementing the Plan will
not exceed Eight Million Dollars and No Cents($8,000,000.00).
Section 8. The Commission finds that no residents of the Redevelopment Project
Area will be displaced by a project resulting from the Plan.
Section 9(a). This paragraph shall be considered the allocation provision for the
purposes of IC 36-7-14-39. The entire Redevelopment Project Area shall constitute an
allocation area as defined in IC 36-7-14-39 (Allocation Area). Any property taxes levied
on or after the effective date of this resolution by or for the benefit of any public body
entitled to a distribution of property taxes on taxable property in the Allocation Area shall
be allocate and distributed in accordance with IC 36-7-14-39. Except as provided in
subsection (b),this allocation provision shall expire not more than 25 years after the date
on which the first obligation was incurred to pay principal and Interest on bonds or lease
rentals on leases payable from incremental property taxes allocated and distributed in
accordance with IC 36-7-14-39.
(b)The expiration date of this allocation provision may not be more than thirty-five
(35)years after the date on which the Allocation Area is established if part of the project
(Project)to be financed in the Allocation Area includes,as part of the Project,the use and
repurposing of two (2) or more buildings and structures that are:(i) at least seventy-five
(75) years old; and (II)located at a site at which manufacturing previously occurred over
a period of at least seventy-five(75)years.
(c)The Commission finds that the adoption of this allocation provision will result in
new property taxes in the Redevelopment Project Area that would not have been
generated but for the adoption of the allocation provision.
Section 10. The Secretary is instructed to submit this resolution and the Plan to
the Jeffersonville Plan Commission ("Plan Commission")for approval. 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 and
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any other departments or agencies of the City concerned with unit planning, zoning
variances, land use or the issuance of building permits. if any property is to be acquired,
the notice must also be mailed to the owner or owners of real property being added to the
acquisition list. 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 establishment of
the Redevelopment Area and will determine the public utility and benefit of the proposed
Project and the Redevelopment Project Area. Copies of the notice must also be filed with
the officer authorized to fix budgets, tax rates and tax levies under IC 6-1.1-17-5 for each
taxing unit that is located either wholly or partly within the proposed Allocation Area.
Section 11. The Commission also directs the presiding officer to prepare or cause
to be prepared a statement disclosing the impact of creating the Allocation Area, including
the following:
(a) The estimated economic benefits and costs incurred, as measured by
increased employment and anticipated growth of real property and personal property
assessed values; and
(b) The anticipated Impact on tax revenues of each taxing unit that is either
wholly or partly located within the new Allocation Area.
A copy of this statement shall be filed with each such taxing unit with a copy of the
notice required under Section 10 of the Act at least 10 days before the date of the hearing
described in Section 13 of this Resolution.
Section 12. This resolution is effective upon passage.
Adopted at a meeting of the Commission held October 25, 2023, in Jeffersonville,
Indiana.
JEFFERSONVILLE REDEVELOPMENT
COMMISSION ,
By: c
By:
By:
By: Cam'
By:
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Exhibit A
(Project Description and Map of Area)
Development of riverfront property formerly known as Jeff Boat to include the both
residential and commercial uses with dedicated public space. The project will include
public infrastructure improvements including roads, sewers, utilities, levees and other
public ways and greenspace.
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Plan for the Redevelopment of the Redevelopment Project Area
Pu ose and Introduction.
This document is the Redevelopment Plan ("Plan") for the Jeff Boat Redevelopment
Project Area ("Area")for Jeffersonville, Indiana ("City). It is Intended for approval by the
City's Common Council, the Jeffersonville Plan Commission and the Jeffersonville
Redevelopment Commission ("Commission")in conformance with IC 36-7-14.
Project Objectives.
The purposes of the Plan are:
To develop riverfront property formerly known as Jeff Boat to include the both
residential and commercial uses with dedicated public space by making certain
improvements to public infrastructure including roads, sewers, utilities, levees and other
public ways and greenspace.
The factual report attached to this Plan contains the supporting data for the above
declared purposes of the Plan.
Description of Project Area.
The Area is in the City and is described as that area set forth on the map attached as
Exhibit A to the Declaratory Resolution.
Project Description.
The redevelopment of the Area may Include the capital improvements described as
follows in, serving or benefitting the Area(collectively, "Projects"):
• Public road and sewer improvements
• Greenspace and parks
• Other public facilities and public ways
and the acquisition of necessary rights of way or easements.
Acquisition of Property.
The Commission has no immediate plans to acquire real property in the Area. If the
Commission later determines to acquire real property, it will amend the declaratory
resolution and this Plan. If privately owned parcels are needed, the Commission shall
follow procedures in IC 36-7-14-19 in any current or future acquisition of property. The
Commission may not exercise the power of eminent domain in an economic development
area.
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rocedures with res ect o the ro'ects.
In accomplishing the Projects,the Commission may proceed with the Projects before the
acquisition of all interests in land in the Area.
All contracts for material or labor in the accomplishment of the Projects shall,to the extent
required by law, be let under IC 36-1.
in the planning and rezoning of real property acquired or to be used' in the
accomplishment of the Plan; the opening, closing, relocation and improvement of public
ways; and the construction, relocation, and improvement of sewers and utility services;
the Commission shall proceed in the same manner as private owners of the property.
The Commission may negotiate with the proper officers and agencies to secure the
proper orders, approvals, and consents.
Any construction work required in connection with the Projects may be carried out by the
appropriate municipal or county department or agency. The Commission may carry out
the construction work if all plans, specifications, and drawings are approved by the
appropriate department or agency and the statutory procedures for the letting of the
contracts by the appropriate department or agency are followed by the Commission.
The Commission may pay any charges or assessments made on account of orders,
approvals, consents, and construction work with respect to the Projects or may agree to
pay these assessments In installments as provided by statute in the case of private
owners.
None of the real property acquired for the Projects may be set aside and dedicated for
public ways, parking facilities, sewers, levees, parks, or other public purposes until the
Commission has obtained the consents and approval of the department or agency under
whose jurisdiction the property will be placed.
Disposal of Property.
The Commission may dispose of real property acquired, If any, by safe or lease to the
public after causing to be prepared two(2)separate appraisals of the sale value or rental
value to be made by independent appraisers. However, if the real property is less than
five (5) acres in size and the fair market value of the real property or interest has been
appraised by one(1)independent appraiser at less than Ten Thousand Dollars($10,000),
the second appraisal may be made by a qualified employee of the Department of
Redevelopment. The Commission will prepare an offering sheet and will maintain maps
and plats showing the size and location of all parcels to be offered. Notice will be
published of any offering In accordance with IC 5-3-1. The Commission will follow the
procedures of IC 36-7-14-22 in making a sale or lease of real property acquired.
In the alternative, the Commission may follow any alternative procedures permitted by
law.
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Financin of the Projects.
At the current time, the Commission plans to pay for the Projects on a pay-as-you-go
basis from any funds legally available to the Commission, including tax increment
revenues. The Commission may issue bonds to raise money for property acquisition and
completion of the Projects in the Area. The amount of these bonds may not exceed the
total, as estimated by the Commission of all expenses reasonably incurred in connection
with the Projects, including:
• The total cost of all land, rights-of-way, and other property to be acquired and
developed;
• All reasonable and necessary architectural, engineering, construction, equipment,
legal,financing,accounting,advertising, bond discount and supervisory expenses related
to the acquisition and development of the Projects or the issuance of bonds;
• Interest on the bonds(not to exceed 5 years from the date of issuance)and a debt
service reserve for the bonds to the extent the Commission determines that a reserve is
reasonably required; and
• Expenses that the Commission is required or permitted to pay under iC 8-23-17.
The Commission will comply with iC 36-7-14-25.1 with respect to the issuance of bonds.
As an alternative to the issuance of bonds or in conjunction with it, the Commission may
enter into a lease of any property that could be financed with the proceeds of bonds under
iC 36-7-14. The lease is subject to the provisions of IC 36-7-14-25.2 and IC 36-7-14-
25.3.
As a further alternative, the Commission may pledge tax increment pursuant to IC 36-7-
14-39(b)(4xD)to any bonds issued by the City.
Amendment of the Plan.
By following the procedures specified In IC 36-7-14-15(d), IC 36-7-14-16, IC 36-7-14-17
and IC 36-7-14-17.5, the Commission may amend the Plan for the Area. However, any
enlargement of the boundaries of the Area must be approved by the Board of
Commissioners.
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FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED IN
RESOLUTION NO.2023-R-
1. The Plan for the Redevelopment Project Area will:
(A) Mow for local public road and sewer improvements;
(B) Assist in the development of nearby land for recreational, residential and
commercial use; and
(C) Provide public facilities for future residential and commercial development
in the area.
2. The Plan for the Redevelopment Project Area will benefit the public health and
welfare of City residents by: devoting parts of the area to public ways, levees, sewers,
parks, greenspace and other public purposes.
3. The Plan cannot be achieved by regulatory processes or by the ordinary operation
of private enterprise without resort to, and but for,the powers allowed to the Commission
due to:the lack of local public road and sewer improvements, the existence of conditions
that lower the value of the land below nearby land and the lack of public facilities needed
for potential Industrial and commercial development to be realized.
4. The accomplishment of the Plan will be of public utility and benefit as measured
by: making certain public infrastructure improvement to assist in the development of
property for residential and commercial use.
5. The adoption of the allocation provision will result in new property taxes In the
Redevelopment Project Area that would not have been generated but for the adoption of
the allocation provision due to:the industry on the property has ceased to operate due to
obsolete or undesirable conditions and must be redeveloped to generate new tax
revenue.
6. The expiration date of this allocation provision may not be more than thirty-five(35)
years after the date on which the Allocation Area is established if part of the project
(Project)to be financed in the Allocation Area includes, as part of the Project, the use and
repurposing of two (2) or more buildings and structures that are:(I) at least seventy-five
(75)years old; and (ii) located at a site at which manufacturing previously occurred over
a period of at least seventy-five(75)years.
9
PARCELS CONSISTING OF THE AREA
see attached}
10
PARCELS CONSISTING OF AR :
• 10-19-00-102-467.000-009
• 10-19-00-102-477.000-009
• 10-20-00-201-558.000-009
• 10-20-00-201-515.000-009
• 10-20-00-201-312.000-009
• 10-20-00-200-435.000-009
• 10-20-00-200-437.000-009
• 10-20-00-200-441.000-010
• 10-20-00-200-440.000-010
• 10-20-00-200-438.000-010
• 10-20-00-200-439.000-010
• 10-19-00-300-602.000-009
• 10-19-00-300-605.000-010
• 10-19-00-300-604.000-010
• 10-19-00-300-603.000-010
• 10-20-00-200-429.000-010
• 10-20-00-200-404.000-010
• 10-20-00-200-430.000-010
• 10-20-00-200-434.000-010
• 10-20-00-200-434.000-009
• 10-20-00-200-458.000-010
• 10-19-00-102-478.000-010
11