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HomeMy WebLinkAbout1982-R-12RESOLUTION NO. F~ /~ RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, APPROVING THE DEVELOPMENT PLAN AND THE FEASIBILITY OF RELOCATION FOR THE FALLS LANDING RIVERPRONT DEVELOPMENT PROJECT AND DEVELOPMENT AREA AND APPROVING THE DESIGNATION OF SAID AREA AS AN ALLOCATION AREA WHEREAS, it is desirable and in City of Jeffersonville Department of the "Local Public Agency") undertake the public interest that the Redevelopment (herein called and carry ou~ the Falls Landing Riverfron~ Development Project (herein called the "Project" located within the corporate limits of the City of Jeffersonville, County of Clark, State of Indiana (herein called the "Locality"), and described as follows: Beginning at a point, said point being the interesection of the western boundary of the City of Jeffersonvilte and the northern right-of-way line of South Clark Boulevard; thence southerly along the corporate limits of the City of Jeffersonville to the northern bank of the Ohio River; thence easterly along the Ohio River's bank to the eastern right-of-way line of Watt Street (extended); thence north along the eastern right-of-way line of Watt Street to its intersection with the northern right-of-way line of River- side Drive; thence westerly along the northern right-of-way line of Riverside Drive to the eastern right-of-way line of Fort Street; thence northerly along the eastern right- of-way line of Port Street to the northern right-of-way line of Market Street; thence westerly along the nor'thern right-of-way line of Market Street to its intersection with the eastern right-of-way line of Interstate Highway 65; thence northerly along the eastern right-of-way line of Interstate Highway 65 to its intersection with the southern right-of-way line of Maple Avenue'~ thence easterly along the southern right-of-way line of Maple Street to its intersection with the eastern right-of-way line of,Ohio Street; thence northerly along the eastern right-ofZway line of Ohio Street for a distance of 354 feet to a line extending east and forming the rear of lot lines of lots fronting on Maple Street; thence east along said rear lot lines to the western right-of-way line of Mulberry' Street; thence northerly along the western right-of-way line of Mulberry Street to its intersection with the southern right-of-way line of Court Avenue~ thence westerly along the southern right-of-way line of Court Avenue to the western right-of-way line of Broadway Avenue> thence northerly along the western right-of-way line of Broadway Avenue to its intersection with the northern right-of-way line of 6th Street; thence easterly along the northern right-of-way line of 6th Street to its inter- section with the western right-of-way line of Ohio Street; thence northerly along the western right-of-way line of Ohio Street to its intersection with the southern right-of- way line of 7th Street; thence westerly along the southern right-of-way tine of 7th Street to its intersection with the western right-of-way line of Missouri Avenue~ thence southerly along the western right-of-way line of Missouri' Avenue to its intersection with the northern right-of-way line of South Clark Boulevard; thence westerly along the northern right-of-way line of South Clark Boulevard to the western boundary of the City of Jeffersonville and to the point of beginning. WHEREAS, it is desirable and in the public interest that the City of Jeffersonville, Department of Redevelopment, (herein called the "Local Public Agency") undertake and carry out the development of the hereinabove described Project area, located within the boundaries of the Falls Landing Riverfront Development Project, and, WHEPfEAS, the Local Public Agency has made studies of the location, physical condition of surveys, investigations and structures, land use, environmental influences, and social, cultural, and economic conditions of the Project Area and has determined that the Project Area has become blighted to an extent that such blighted conditions cannot be corrected by regulatory t~ccessms:~rby the ordinary operations of private enterprise with out resort to the provisions of the Indiana Redevelopment of Cities and Towns Act of 1953, as amended and supplemented, and it kas been further found that the public health and welfare would be benefiled by acquisition in and redevelopment of such Project Area under the provisions of the abov cited Act; and maps WHEREAS, the Redevelopment Commissioners have caused to be prepared and plats showing the boundaries of such blighted area, the location of the various parcels of properties, features rezoning affecting the acquisition, and redevelopment of such streets and alleys and other clearance, replatting, replanning, area, and indicating the parcels of property to be included or excluded in the acquisition and portions of the project Area to be acquired which are to be devoted to publ'ic ways, levees, sewerage, parks, redevelopment plan; and WHEREAS, there has Council of the Locality review and approval a Area, d'ated April 26, pages Riverfront Development playground and other public purposes under the been prepared and referred to the Common (herein called the "Governing Body") for Development Plan for the Development 1982, and consisting of Thirty-Seven and Eight exhibits, which plan is entitled "Falls Landing Project Plan,Jeffersonville/Clarksville, Indianaj and WHEREAS, the Development Plan has been approved by the Local Public Agency, as evidenced by the cory of said ~gency's duly certified resolution approving the Development Plan which is attached thereto; and, WHEREAS, the Plan Commission of the City of Jeffersonvilte, Indiana, which is the duly designated and acting official planning body for the Locality, has submitted to the Governing Bo~y its report and recommendations respecting 'the Development Plan comprising the Project and has certified by Resolution, dated April 27, 1982, that the Development Plan conforms to ~he general plan for the Locality as a whole and that it approves of said'Develop- ment P~an . and the Governing Body has duly considered'the report, recommendations, and certifications of approval of the planning body; and, WHEREAS,.the certain lend'uses things, alleys the Project area prescribes Development Plan for for the Project area and will require, among other changes in zoning, the vacating and removal of streets, and other public ways, the establishment of new street patterns, the location and relocation of sewer and water mains and other public facilities, and other public action; and, WHEREAS, the Local Public Agency has prepared and submitted a program for the relocation of individuals and families that may be displaced as a result of carrying out the Project in accordance with the Development Plan; and, WHEREAS, there have also been presented to the Governing Body information and data respecting the relocation program which has been prepared by the Local Public Agency as a result of studies, surveys, and inspections in the areas comprising the Project and as a further result of the assembling and analysis of the data and information obtained from such studies, surveys, and inspections; and, WHEREAS, knowledge of the members of the Governing Body have general the conditions prevailing in the Development Area and of the availability of proper housing in the Locality for the relocation of individuals and families that may be displaced by the Project and, in the light of such knowledge of local housing conditions, have carefully considered and reviewed such proposals for relocation; and, WHEREAS, Title VI of the civil Rights Act of 1964, ks amended~ and the regulations of any Federal agency effectuating that title, provide that no person shall, on the grounds of race, age, sex, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination in the undertaking and carrying out of any federally assisted projects; and, - 4 - NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA: 1. That it'is hereby found and determined that the Develop- ment Area comprising the Falls Landing Riverfront Development Project is a blighted area and qualifies as an eligible area under the Redevelopment of Cities and Towns Act of 1953, as amended and supplemented. 2. That the Resolution of the Plan Commission of the City of Jeffersonville, dated April 27, 1982, by which it gave its approval to this Development Plan and the Declaratory Resolution of the Local Public Agency is hereby approved. 3. That the Development Plan for the Project,includir~ tha~cgram for r~ loca~on therewith presented, is hereby approved, and the City Clerk-Treasurer be~and is hereby~directed to file said copy of the Development Plan with the minutes of this meeting. 4. That it is hereby found and determined that where clearance is proposed that the objectives of the Development Plan cannot be achieved through rehabilitation which falls short of a clearance of the Development Area. 5. That it is hereby found and determined that the Development Plan for the Project conforms to the general plan of the Locality. 6. That it is hereby found and determined that, in addition to the elimination of blight from the Development Area, the undertaking of the Prcject in such area will further prQmote the public welfare and the proper development of the community by making land in such area available for uses in accordance with the Development Plan. 7. That it is hereby found and determined that the Development Plan for the Development Area comprising the Project will afford -5- maximum opportunity, consistent with the sound needs of the Locality as a whole, for the development of the area by private enterprise. 8. That it is hereby found and determined that the Development Plan for the Development Area gives due consideration to the provision of adequate park and recreational areas and facilities, with consideration for the health, safety, and welfare of all persons residing in the general vicinity of the site covered by the Plan. 9. That~ ~ hereby found and determined that the program for the proper relocation of individuals and families displaced in carrying out the Development Plan in decent, safe, and sanitary dwellings in conformity with acceptable standards is feasible and can be reasonably and timely effected to permit the proper prosecution and completion of the Plan; and that such dwellings or dwelling units available or to be made available ~o such displaced individuals and families, are au lease equal in number to such displaced individuals and families, are not generally less desirable in regard to public utilities and public and commercial facilities than the dwellings of the displaced individuals and of families in the Project Area, are available at rents-or prices within the financial means of {he displaced individuals and families,-. and are reasonably accessible to their places of employment. 10. That, in order to implement and facilitate the effectuation of the Development Plan hereby approved, it is found and determined that certain official action must be taken by this Body with reference, among other things, to changes in zoning, the vacating and removal of streets,, alleys, and other public ways, the establishment of new street patterns, tke location and relocation of sewer and water mains and other public facilities, and other public action, and accordingly, this Body hereby (a) pledges its cooperation in helping to carry out the Development Plan, (b) requests various officials, departments, boards, and agencies of the Locality having adminis? trative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and powers in a manner consistent with the Development Plan, and (c) stands ready to consider to take appropriate action upon proposals and measures designed to further effectuate the Development Plan. 11. That for the purposes of the allocation provisions of the Indiana Redevelopment of Cities and Towns Ac~ of 1953, as amended and supplemented (Indiana Code 36-7-14), the following area of the bliqhted area described in this resolution is hereby approved as an "Allocation Area" for the purposes of the above cited Act and this Resolution: A part of the City of Jeffersonville, Jeffersonville Township, Clark County, Indiana, and being more particularly described by a line drawn as follows: Beginning at a point, said point being the intersection of the western boundary of the City of Jeffersonvllle and the northern right-of-way line of South Clark Boulevard; thence southerly along the corporate limi%s of the City of Jeffersonville to the northern bank of the Ohio River; thence easterly along the the Ohio River's bank to the eastern right-of-way line of Watt Street (extended); thence north along the eastern right-of-way line of Watt Street to its interesection with the northern right-of-way line of Riverside Drive; thence westerly along the northern right-of-way line of Riverside Drive to the eastern right-of-way line of Port Street; thence northerly along the eastern right-of-way line of Fort Street to the northern right-of-way line of Market Street; thence westerly along the northern right-of-way line of Market Street to its intersection with the eastern right-of-way line of Interstate Highway 65; thence northerly along the eastern right-of-way line of Interstate Highway 65 to its intersection with the southern right-of-way line of Maple Street; thence easterly along the soushern right-of-way line of Maple Street, to its intersection with the eastern right-of-way line of Ohio Street; 5hence northerly along the eastern right- of-way lane of Ohio Street for a distance of 354 feet to a line extending east and forming the rear of lot lines of lots fronting on Maple Street; thence east along said rear lot lines to the western right-of-way line of Mulberry Street; thence northerly along the western right-of-way line of Mulberry Street to its intersection with the southern right-of-way line of Court Avenue; thence westerly along the southern right-of-way line of Court Avenue to the western right-of-way line of Broadway Avenue; thence northerly along the western right-of-way line of Broadway Avenue to its intersection with the northern right-of-way line of 6th Street; thence easterly along the northern righ~of-way line of 6th Street to its intersection with the western right-of-way line of Ohio Street; thence northerly along the western right-of-way line of Ohio Street to its intersection with the southern right-of-way line of 7th Street; thence westerly along the southern right-of-way line of 7th Street to its intersection with the western right-of-way line of Missouri Avenue; thence southerly along the western right-of-way line of Missouri Avenue to its intersection with the northern right- of-way line of South Clark Boulevard; ~hence westerly along the northern r~ght-of-way line of South Clark Boulevard to the western boundary of the City of Jeffersonville and to the point of beginning. 12. That the designation of this allocation area as the "Falls Landing Riverfront Development Pro3ect Allocation Area" (Jefferson- ville Allocation Area No. 1) is hereby approved. 13. That taxes levied on real property in said Jeffersonville Allocation Area No. 1 in 1982, for collection in 1983, and thereafter, excep~ as hereinafter provided, for the benefit of any t~x±ng unit entitled ~o a distribution thereof, shall be allocated and distribute~ as provided in the allocation and distribution provisions of the Indiana Redevelopment of Cities and Towns Act of 1953, as amended and supplemented, (a) and more particularly as follows: the proceeds of such taxes attributable to the lesser of (1) the assessed value of all such property ~n said Allocation Area No. 1 for the assessment date with respect to which the allocation and distribut!on is made or (2) the assessed value of all such property as finally determined for the assessment date ~mmediately preceeding the effective date of these allocation provisions, which assessment date is May 15, 1981, shall be allocated to, and when collected shall be paid into the funds of the respective taxing units entitled to a distribution of such taxes; (b) the proceeds of such taxes in excess of those described in clause a. above shall be allocated to the redevelopment district, and when collected shall be paid into a special fund hereinafter created. 14. That the proceeds of such taxes distributed to the Local Public Agency pursuant to Paragraph 13b. hereof shall be deposited in a special fund designated "Jeffersonville Department' of Redevelopment Allocation Area (Jeffersonville Allocation Area No. 1) Special Fund" ("Special Fund"), and may be used only as provided in the Indiana Redevelopment of cities and Towns. Act of 1953, as amended and supplemented, and more particularly (1) to pay principal~ of and interest on any obligations issued by the Department for the purpose Of financing or refinancing the redevelopment of jeffersonville Allocation Area No. 1 or (2) to reimburse the City for expenditures made by it for public improvements in Jeffersonville Allocation Area No. 1, or for rentals paid by it for building or parking facilities in Jeffersonville Allocation Area No. i under any lease entered into under and pursuant to Indiana Code 36-1-10. When money in the Special Fund shall be sufficient to pay when due all principal of and interest on obligations payable therefrom, any excess over such amcunt shall be paid to the respective taxing units entitled 5hereto in the manner provided in Paragraph 13a. hereof, and thereafter the allocation and distribution provided for in Paragraph 13 hereof shall be discontinued, and ~axes on real property in Jeffersonville Allocation Area No. 1 shall thereafter be distributed without regard to the provisions of Section 39 of the Indiana Redevelopment of Cities and Towns Act of amended and supplemented. That the United States of America be, and hereby 1953, as 15. of full compliance by the City of Jeffersonville Redevelopment with the regulations of any Federal i~ assured Department of agency effectuating -q- Title VI of the Civil Rights Act of 1964, as amended. BE City of Jeffersonville, to give notice as provided by law. Adopted by the Common Council of the City of Indiana, ~his ./~ day City 1982. 1982. IT FURTHER RESOLVED tha~ the Clerk-Treasurer of said Indiana, is hereby ordered and directed Presented by of Jeffersonville Jeffersonville, ./~_~1982. / me as Clerk Treasurer to the Mayor of the Approved and signed by me this .//~ day of - 10- CERTIFICATE OF R~CORDING OFFICER THE UNDERSIGNED HEP~EBY CERTIFIES AS FOLLOWS: 1. That he ms the duly qualified and acting City Clerk- Treasurer of the City of Jeffersonville, Indiana. (hereinafter called the "Locality"), and the custodian of the records of the Locality, including the minutes of the proceedings of the Common Council of the City of Jeffersonville, Indiana (hereinafter called the "Governing Body"). 2. That the attached Resolution is a ~rue and correct copy of a Resolution, including the WHEREAS clauses, as adopted at a meeting of the Governing Body held on the //O day of ~.~ , 1982, (hereinafter called the "ResolutiOn of the Governin~ Body"). 3. Also attached hereto is a nrue and correcn copy of the Development Plan, which has been previously approved by the City of Jeffersonville Department of Redevelopment Commission, as evidenced by a duly certified Resolution of the body attached to the Plan, presented at the meeting, and approved by the Resolution of the Governing Body. 4. That the Resolution of the Governing Body has been duly recorded in the minutes of the meeting and is now in full force and effect. 5. That said meeting was duly convened and held in all respects in accordance with Law and the By-Laws of the Locality. To the extent required by Law or By-Laws, due and proper notice of said meeting was given. A legal quorum of members of the Governing Body was present throughout the meeting, and a legally sufficient nuraber of members of the Governing Body voted in the proper manner and for the adoption of the Resolution of the Governing Body. All other requirements and proceedings under Law, the By-Laws, or otherwise, incident to the proper adoption of the Resolution of the Governing Body, including any publication, if required by Law, have been duly fulfilled, carried out, and otherwise observed. 6. If an impression of the seal has been affixed below, it constitutes the official seal of the Locality and this certificate is hereby executed under such official seal and was duly affixed by the undersigned at the time this certificate was signed. If no seal has been affixed below, the Locality does not have and is not legally required to have an official seal. 7. That the undersigned is duly authorized to execute this certificate. IN WITNESS WHEREOF the this day of undersigned has hereunto set his hand , 19 82. (Signature of Recor~ng ?ff~er) \ (Title of Recording ' ' ATTE ST: (Signature of Attesting Officer) (T'it'le of Attesting Officer)