HomeMy WebLinkAbout2024-R-3 Resolution Amending Inner City Road Development Area to Add Charlestown Pike Road Project RESOLUTION NO. 267.4"/Z7.3
AMENDING DECLARATORY RESOLUTION OF THE JEFFERSONVILLE
REDEVELOPMENT COMMISSION AMENDING THE ECONOMIC DEVELOPMENT
PLAN FOR THE INNER CITY ROAD ECONOMIC DEVELOPMENT AREA TO ADD THE
CONSTRUCTION OF THE CHARLESTOWN PIKE ROAD PROJECT
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 December 22, 1995, the Commission adopted a Declaratory
Resolution (Original Declaratory Resolution), as supplemented and amended to
date, establishing the Inner City Road Economic Development Area (Original Area)
and the Original Declaratory Resolution was confirmed by a confirmatory resolution
adopted on February 28, 1996 (Confirmatory Resolution);
WHEREAS, the Original Declaratory Resolution and Confirmatory Resolution
are hereinafter collectively referred to as the "Area Resolution;"
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, the Area Resolution approved the Economic Development Plan
(Original Plan), which Original Plan contained specific recommendations for
economic development in the Original Area;
WHEREAS, the Common Council approved the creation of the Original Area;
WHEREAS, the Area Resolution, as amended and supplemented, has
enlarged the boundaries of the Original Area (Enlarged Area) and the Original
Allocation Area (Enlarged Allocation Area) and amended the Original Plan
(Amended Plan);
WHEREAS, the Commission now desires to amend the Amended Plan for the
Enlarged Area and the Enlarged Allocation Area to add the construction of the
Charlestown Pike Road (Project) to the Amended Plan as described in Exhibit A
attached hereto;
WHEREAS, the Commission is considering the financing of the Project as of
this date;
WHEREAS, IC 36-7-14-15(a)(4) provides that, when amending the Area
Resolution or the Amended Plan, the Commission must find that:
(1) the amendment is reasonable and appropriate when considered in relation to
the Area Resolution, the Amended Plan, and the purposes of Act; and
(2) the Area Resolution and the Amended Plan, as amended, with the proposed
amendment, conform to the comprehensive plan for the City;
WHEREAS, the Commission shall cause to be prepared:
(1) maps and plats showing:
(A) the boundaries of the Enlarged Area, as amended, in which property
would be acquired for, or otherwise affected by, the amendment of the Area
Resolution or the Amended Plan;
(B) the location of the various parcels of property, streets, alleys, and other
features affecting the acquisition, clearance, remediation, replatting, replanning,
rezoning, or development of the area, indicating any parcels of property to be
excluded from the acquisition or otherwise excluded from the effects of the
amendment of the Area Resolution or Amended Plan; and
(C) the parts of the Enlarged Area, as amended, acquired, if any, that are to
be devoted to public ways, levees, sewerage, parks, playgrounds, and other public
purposes under the amendment to the Amended Plan;
(2) lists of the owners of the various parcels of property proposed to be acquired
for, or otherwise affected by, the amendment of the Area Resolution or Amended
Plan for the Amended Area; and
(3) an estimate of the costs, if any, to be incurred for the acquisition and
development of the property;
WHEREAS, IC 36-7-14-17.5 authorizes the Commission to amend the Area
Resolution and the Original Plan, as amended, after conducting a public hearing, if
it finds that:
(i) The amendment is reasonable and appropriate when considered in relation
to the Area Resolution, the Amended Plan, and the purposes of IC 36-7-14; and
(ii) The Area Resolution, with the proposed amendment and the application of
the Amended Plan, as amended, conforms to the comprehensive plan for the City;
NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE REDEVELOPMENT
COMMISSION, THAT:
Section 1. The Amended Plan for the Enlarged Area is hereby amended to add
the construction of the Project to the Amended Plan.
Section 2. The Commission finds and determines that it will be of public utility and
benefit to amend the Area Resolution and the Amended Plan for the Enlarged Area
and Enlarged Allocation Area.
Section 3. The Commission hereby finds that amendment to the Area Resolution
will result in new property taxes in the Enlarged Area that would not have been
generated without the amendment of the Area Resolution and Amended Plan for
the Enlarged Area and Enlarged Allocation Area.
Section 4. All the rights, powers, privileges and immunities that may be exercised
by the Commission in a redevelopment project area under the Act may be exercised
in the Expansion Area, subject to any limitations in IC 36-7-14-43.
Section 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.
Section 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 and to file notice with the Plan Commission, the Board
of Zoning Appeals, the building commissioner and any other departments or
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agencies of the City concerned with unit planning, zoning variances, land use or the
issuance of building permits. The notice must also be mailed to the owner or
owners of real property, if any, 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 proposed amendment
to the Area Resolution and Amended Plan for the Enlarged Area and will determine
the public utility and benefit of the proposed amendment to the Area Resolution
and the Enlarged Area. Copies of the notice must also be filed with the officers
authorized to fix budgets, tax rates and tax levies under IC 6-1.1-17-5 for each taxing
unit that is either wholly or partly located within the Enlarged Area. Notice must
also be mailed by first class mail to all owners of real property within the proposed
Enlarged Area.
Section 7. In all other respects, the Area Resolution, the Amended Plan, and
actions of the Commission consistent with this resolution are hereby ratified and
confirmed.
Section 8. This resolution is effective upon passage.
Adopted at a meeting of the Commission held February 28, 2024, in Jeffersonville,
Indiana.
JEFFERSONVILLE REDEVELOPMENT COMMISSION
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President
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Secretary
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