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HomeMy WebLinkAbout2025-OR-29 Ordinance Rescinding Ordinances 2025-OR-12 & 2025-OR-13 in Regards to Fire Territory joy ORDINANCE RESCINDING ORDINANCE NO. 2025-OR-012 AND ORDINANCE NO. 2025-OR-013 WHEREAS,the Jeffersonville City Council conducted three required public hearings regarding the establishment of the Fire Territory. In preparation for these public hearings the City of Jeffersonville retained the services of the financial firm of Baker Tilly to assist in the evaluation of the financial and practical viability of the establishment of the Fire Territory; WHEREAS,the financial analysis was developed based upon the law and statutes that existed in the State of Indiana prior to the conclusion of the 2025 Indiana Legislative Session and prior to the enactment of Senate Bill 1. (Hereinafter"SB1") WHEREAS,the pre-SB1 financial analysis supported the establishment of the Fire territory. WHEREAS, the Jeffersonville Fire Department leadership participated in the development of the Fire Territory plan. The Deputy Chief of Administration,Jason Sharp, worked with Baker Tilly in the financial evaluation. Deputy Chief Sharp and his staff developed an analysis for the need for added work-force, equipment and physical facilities. The analysis was prior to the enactment of SB1. Baker Tilly affirmed that prior to SB1 these needs were financially attainable. WHEREAS,the passage of SB1 has created a world of uncertainty for city governments throughout the state of Indiana and has had a profound impact on the Baker Tilly projections which provided the basis for the conclusion that the Fire Territory was sustainable. WHEREAS, SB1 has placed significant limitations on municipalities to assess and collect tax revenue. SB1's effect upon the certainty of the collection of revenue has dramatically reduced Baker Tilly's confidence and projections for the viability of the Fire Territory. WHEREAS, subsequent to the enactment of SB1 the City's Executive has requested the Fire Department evaluate whether or not the Fire Territory continues to be viable. WHEREAS, on May 6, 2025 Deputy Chief Sharp submitted a letter to the Council regarding the City's evaluation of the viability of the Fire Territory post SB1. 4 1 WHEREAS, the letter states that, "No one is confident in any of the numbers at this point" and concludes that, "We would be blindly moving into this territory with more questions than answers." WHEREAS, the letter concludes that, "After careful consideration,and despite our best efforts,we no longer have the confidence that the funding this territory would generate would meet our needs to provide adequate service. We respectfully request that the council reconsider moving forward with this fire territory." WHEREAS,the City Council is the fiscal body and the Mayor is the executive of the city. It is the council's obligation to legislate and budget and the Mayor's duty to oversee the operations of the city. It is the Mayor's duty to appoint the department heads and the chiefs of both the Fire and Police Departments. The council cannot mandate or dictate how the city's departments operate or do business. The council can only fund the government not run the government. WHEREAS, the entity that would be expected to provide the services to the citizens in the fire territory has flatly stated that it does not have confidence that it can do the job that the territory tasks it to do. WHEREAS,the entity that would be expected to provide the services to the citizens in the fire territory has stated that it does not believe that funding necessary to fulfill the obligations of the territory would be generated and that moving forward "would be a real gamble." WHEREAS,the Indiana State Legislature has created an untenable environment for all municipalities throughout the state by enacting SB1. The Mayor of Jeffersonville, the City Council and the Utica Fire District all relied upon the law that existed pre-SB1 when developing the Fire Territory agreement. WHEREAS, at no fault of any of the parties to the Fire Territory agreement but based solely upon the State's decisions,the ability to go forward with the proposed Fire Territory is no longer in the best interest of the taxpayers of Jeffersonville. WHEREAS, the financial uncertainty of the Fire Territory creates the potential that the residents of the City of Jeffersonville may be subject to additional taxes to finance the Fire Territory. 2 WHEREAS,the Executive Branch that would be mandated to perform the duties of the Fire Territory has expressed a lack of confidence. WHEREAS, the ultimate obligation and duty of the city council is to make decisions that are in the best interest of the citizens and taxpayers within the city limits of Jeffersonville. WHEREAS,the plan for the fire territory has been submitted to the Department of Local Government Finance by the Parties; however,the plan has not yet been approved, and thus, the Fire Territory has not been officially created pursuant to the terms of Indiana law, the Interlocal Agreement, or the Ordinances being rescinded.This Ordinance would rescind the previous Ordinances prior to the legal creation of the Fire Territory. NOW,THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville that: 1. Ordinance No. 2025-OR-12 is hereby rescinded effective immediately upon passage of this Ordinance; and 2. Ordinance No. 2025-OR-13 is hereby rescinded effective immediately upon passage of this Ordinance. VOTED FOR: VOTE AGAINST: vIVIU ((A 1 3 h�rj PASSED ND ADOPTED. by the Common Council of the City of Jeffersonville,Indiana on this �( day of Evan Stoner,President ATTEST: Lisa Gill,Clerk PRESNTED by me to the Mayor of Jeffersonville, Indiana on this cPy day of , rl e 2025. Lisa Gill,C1• k SIGNED and APPROVED by me on this day of A 202 l Mike Moo e,Mayor 4