HomeMy WebLinkAbout2023-R-11 Resolution Confirming 2023-R-6, Amending Declaratory Resolution of Redevelopment Adopted 10/25/23, Removing Real Property From the Falls Landing Allocation Area 202400120 MISC $25.00
l 01/03/2024 12:30:19P 13 PGS
1 Steve Gill
Clark County Recorder IN
Recorded as Presented
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JEFFERSONVILLE REDEVELOPMENT COMMIT oSION
RESOLUTION NO.�" & ! 1 y
RESOLUTION CONFIRMING RESOLUTION NO.2023-R-6, AN AMENDING
DECLARATORY RESOLUTION OF
THE JEFFERSONVILLE REDEVELOPMENT COMMISSION ADOPTED
OCTOBER 25, 2023, REMOVING REAL PROPERTY FROM THE FALLS LANDING
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, the Commission has previously adopted and confirmed resolutions
(collectively, the Area Resolution),which established an area in need of redevelopment to
be known as the Falls Landing Riverfront Redevelopment(Area), designated the Area as
the Falls Landing Allocation Area for the purposes of section 39 of the Act (Original
Allocation Area), and approved and amended a plan for the redevelopment of the Area
(Plan), all in accordance with the Act;
WHEREAS, the Area Resolution established an allocation area in accordance with
IC 36-7-14-39 (Original Allocation Area) for the purpose of capturing property taxes
generated from the incremental assessed value of real property(Tax Increment) located
in the Original Allocation Area;
WHEREAS, on October 25, 2023, the Commission adopted an Amending
Declaratory Resolution(2023 Declaratory Resolution)to: (i)remove certain parcels from the
Original Allocation Area (Removed Allocation Area); (ii) to designate the Removed
Allocation Area as a new allocation area (Riverview Allocation Area); and (iii) amend the
Original Plan to provide for additional infrastructure to support commercial and residential
development (Amended Plan);
WHEREAS, IC 36-7-14-16 requires the Commission to submit the 2023
Declaratory Resolution and supporting data to the Jeffersonville Plan Commission (Plan
Commission); and
WHEREAS, on November 28, 2023, the Plan Commission issued its order: (i)
finding and determining that the 2023 Declaratory Resolution and the Amended Plan
conform to the plan of development for the City; and ii approving
the 2023 Resolution and Amended Plan; a copy of which was submitted to th s meeting; and story
WHEREAS, IC 36-7-14-16 requires the City's Common Council to approve the
Plan Commission Order before the Commission may proceed with the implementation of
the 2023 M cla torgesolution and the Amended Plan;
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WHEREAS, on December 4, 2023, the Common Council approved the Plan
Commission Order;
WHEREAS, on December 15,2023, the Commission published notice in the News
& Tribune of the adoption and substance of the 2023 Declaratory Resolution, and of a
public hearing on the 2023 Declaratory Resolution and Amended 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 to the proposed projects or other actions to be taken under the
2023 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 2023 Declaratory Resolution and the Amended 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 and determines that the 2023 Declaratory Resolution,
the Amended Plan and the Removed Area, and the designation of the Riverview
Allocation Area:
• Are reasonable and appropriate when considered in relation to the Area
Resolution and Original Plan and the purposes of the Act; and
• will be of public utility and benefit.
Section 3. The Commission finds and determines that no residents of the Area will be
displaced by the Amended Plan and the Commission is not required to develop plans for
transitional or permanent provisions for housing for residents of the Removed Allocation
Area.
Section 4. The Secretary of the Commission is hereby directed to fife a copy of this
resolution, together with the 2023 Declaratory Resolution, Amended Plan and Factual
Report, together with lists of parcel numbers of real property in the Allocation Area, with:
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(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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Attach 2023 Declaratory Resolution and Amended Plan
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RESOLUTION NO. 2023-R-j
BEFORE THE JEFFERSONVILLE REDEVELOPMENT COMMISSION
STATE OF INDiANA
RESOLUTION AMENDING THE RESOLUTION OF THE JEFFERSONVILLE
REDEVELOPMENT COill(MiSSION ENTITLED "DECLARATORY RESOLUTION OF
THE JEFFERSONVILLE REDEVELOPMENT COMMISSION"
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 previously adopted and confirmed resolutions
(collectively, the Declaratory Resolution) which established an area in need of
redevelopment(Area)to be known as the Falls Landing Riverfront Redevelopment Area,
designated the Area as the Falls Landing Allocation Area for the purposes of section 39
of the Act (Original Allocation Area), and approved and amended a plan for the
redevelopment of the Area (Plan), all in accordance with the Act;
WHEREAS, the Commission has outstanding certain: (i) Tax Increment Revenue
Bonds of 2013, Series A(Series A Bonds); and(ii)Tax Increment Revenue Bonds of 2013,
Series C(Series C Bonds)
WHEREAS, the bond resolutions authorizing the Series A Bonds and the Series C
Bonds (collectively, Outstanding Obligations) allow alteration of the Allocation Area if, in
the judgment of the Commission, the alteration does not: (i) adversely affect the owners
of the Outstanding Obligations; or (ii) impair the pledge of Tax Increment (as defined in
the bond resolutions to the Outstanding Obligations;
WHEREAS, the Commission now desires to amend the Declaratory Resolution to
reduce the Allocation Area by removing certain parcels/area from the Allocation Area as
shown on the map attached hereto as Exhibit A (Removed Area) and designate the
Removed Area as a separate allocation area pursuant to section 39 of the Act, to be
known as the Riverview Allocation Area;
WHEREAS, the Original Allocation Area, as reduced, shall retain the same base
assessment date as the original allocation area;
WHEREAS, sections 15 through 17.5 of the Act establish the procedures for
adopting amendments to the Declaratory Resolution and Plan; and
WHEREAS, the Commission now desires to approve the amendment to the
Declaratory Resolution, the reduction of the Original Allocation Area, and the designation
of the Riverview Allocation Area (2023 Amendment);
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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 an)
Incorporated herein by reference in this resolution; d
NOW, THEREFORE, BE rr RESOLVED BY THE JEFFERSONVILLE
REDEVELOPMENT COMMISSION:
1. The Commission finds and determines that it will be of public utility and benefit
to amend the Declaratory Resolution as provided in the 2023 Amendment.
2. The Commission finds that: (I) the current captured assessed value in the
Original Allocation Area is $136,641,732.00 and the current estimated tax
Increment revenue from the Allocation Area is $3,503,390.00; (li)the captured
assessed value in the Original Allocation Area is $136,539,942.00 and the
estimated tax increment is $3,495,350.00 after the 2023 Amendment; (iii) the
Outstanding Obligations have a pledge of Tax increment generated in the
Original Allocation Area; (iv) the Tax increment estimated to be generated In
the Original Allocation Area exceeds 125% of the debt service due on the
Outstanding Obligations after the 2023 Amendment and (v) additional growth
In the Original Allocation Area subsequent to the issuance of the Outstanding
Obligations has occurred and, therefore, the Commission finds that reducing
the Original Allocation Area will not adversely affect the owners of the
Outstanding Obligations In any material way.
3. The Original Allocation Area, as reduced, shall maintain Its original base
assessment date.
4. The Riverview Allocation Area shall have a base assessment date of January
1, 2023.
5. The 2023 Amendment is reasonable and appropriate when considered In
relation to the Declaratory Resolution, the Plan (attached hereto), and the
purposes of the Act.
6. in support of the findings and determinations set forth in this Resolution the
Commission hereby adopts the specific findings set forth in Exhibit B.
7. The Commission finds that no residents of the Area will be displaced by any
project resulting from the 2023 Amendment and therefore finds that it does not
need to give consideration to transitional and permanent provision for adequate
housing.
8. This paragraph shall be considered the allocation provision for the Original
Allocation Area and the Riverview Allocation Area for purposes of section 39 of
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the Act. The Original Allocation Area shall constitute an allocation area as
defined in section 39 of the Act. The Original Allocation Area was established
before July 1, 1995,and the expiration of the Original Allocation Area is January
15, 2032, the last date of any obligations that are outstanding on July 1, 2015,
pursuant to section 39(b) of the Act. The Riverview Allocation Area is
established after June 30, 2008, and the Riverview Allocation Area shall expire
no later than twenty-five years after the date on which the first obligation is
incurred to payable from tax increment revenues generated In the Riverview
Allocation Area.
9. The Commission hereby finds that the creation of the Original Allocation Area
and the Riverview Allocation Area will result in new property taxes that would
not have been generated but for the adoption of the new allocation provisions
and amendment as specifically evidenced by the findings set forth in Ex ibit B
attached hereto.
10.The Commission hereby authorizes and directs the presiding officer, after
receipt of the written order of approve of the Jeffersonville Plan Commission
and the approval of the order by the Jeffersonville Common Council,to publish
notice of the adoption and substance of this Resolution in accordance with iC
5-3-1-2 and IC 5-3-1-4 and to file notice with the Plan Commission, the Board
of Zoning Appeals, the building commissioner and any other departments of
agencies of the City concerned with unit planning, zoning variances, land use
or the issuance of building permits. The notice must state that original 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 and remonstrances and objections from persons
interested in or affected by the proceedings pertaining to the proposed 2023
Amendment, and will determine the public utility and benefit of the proposed
2023 Amendment. Copies of the notice must also be filed with the officers
authorized to fix budgets,tax rates,and tax levies under iC 6-1.1-17-3 for each
taxing unit that is either wholly or partly located within the Allocation Area or the
Riverview Allocation Area.
11. The Commission also directs the presiding officer to prepare or cause to be
prepared a statement disclosing the impact of the creation of the Original
Allocation Area and the Riverview Allocation Area, including the following:
a. The estimated economic benefits and costs incurred, as measured by
increased employment and anticipated growth of real property, personal
property and inventory increased values; and
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b. The anticipated impact on tax revenues of each taxing unit that is either
wholly or partly located within the Original Allocation Area and the
Riverview Allocation Area.
A copy of this statement shall be filed with each such taxing unit with a copy of the
notice required under section 17 of the Act at least ten days before the date of the
hearing described in Section 10 of this Resolution.
12. The presiding officer is authorized and direct to submit this Resolution to the
Plan Commission for its approval. The Commission further authorizes and
directs the presiding officer to submit this Resolution and the approving order
of the Plan Commission to the Common Council for its approval of the 2023
Amendment.
13.The Declaratory Resolution, as amended by this Resolution, conforms to the
comprehensive plan for the City.
14. In all other respects, the Declaratory Resolution, as amended, and actions of
the Commission consistent with this Resolution are hereby ratified and
confirmed.
15.This Resolution shall be effective upon passage.
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Adopted this 25th day of October, 2023.
JEFFERSONVILLE REDEVELOPMENT
COMMISSION
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EXHIBIT A
(MAP OF REMOVED AREA AND PARCELS CONSISTING OF REMOVED AREA)
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PARCELS CONSIT1NG OF REMOVED AREA:
• 10-19-00-100-093.000-010
• 10-19-00-100-094.000-010
• 10-19-00-100-095.000-010
• 10-19-00-102-975.000-010
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EXHIBIT B
FINDI GS AN--D��N
1. The creation the Allocation Area will:
(A) Allow for local public road and sewer improvements;
(B) Assist In the development of nearby land;
(C) Provide for future residential and commercial development in the Allocation
Area; and
(D) Allow reimbursement of$2 million in infrastructure improvements made in
the Allocation Area by the city's wastewater utility.
2. The Plan will benefit the public health and welfare of City residents by: improving
public ways and sewers.
3. The Plan 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
lack of development on the property.
4. The Plan cannot be achieved by regulatory
of private enterprise without resort to, and but thme cesses or by the ordinary operation
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.
5. 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/or commercial use.
6. 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:redevelopment of the land will generate new tax revenue.
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