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COUNTY RECORDER
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1 C2 200413390 y Re Date 0 6/04/2004 Count Page 1 -
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RESOLUTION NO. a a ID L-- Z
A Resolution consolidating the Falls Landing Riverfront
Redevelopment Area and the Gateway Redevelopment Area and
enlarging the consolidated area
WHEREAS, the City of Jeffersonville ( "City ") Redevelopment Commission
{ ( "Commission ") created the Falls Landing Riverfront Redevelopment Area in 1982 ( "Falls
Landing "Original Area") and the Gateway Redevelopment Area in 2001 ( "Gateway Area ") as
redevelopment areas in the City (collectively, as amended to this date, Ori •nal Areas ") under .. --
IC 36 -7 -14 and IC 36 -7 -25 (collectively, "Act "); and
WHEREAS, the Falls Landing Area and the Gateway Area are not contiguous; and
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WHEREAS, the Commission has determined that it is in the best interest of the
Commission and the City to connect and consolidate the Falls Landing Area and the Gateway
Area to create the Consolidated Redevelopment Area ( "Consolidated Area "), as set forth on
Exhibit A; and
WHEREAS, IC 36 -7 -14 -17.5 authorizes the Commission to amend the resolutions
creating the Original Areas ( "Resolutions "), after conducting a public hearing, if it finds that:
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1.. The amendment is reasonable and appropriate
when considered in relation to the
Resolutions and the purposes of IC 36 -7 -14; and
2. The Resolutions, with the proposed amendments, conform to the comprehensive
plan for the City;
ty;
WHEREAS, the Commission now desires to enlarge and consolidate the Consolidated
Area pursuant to IC 36-7-14-17.5;
WHEREAS, the Commission has prepared a consolidated and amended plan ( "2004
Plan ") for the Consolidated Area, which 2004 Plan amends the original
plans for the Original
Areas ( "Original Plans "), incorporated by reference in this resolution (the Original Plans and the
2004 Plan are herein collectively referred to as, the " Consolidated Plan");
WHEREAS, the Commission a
h s caused to be prepared maps and plats showing the
boundaries of the Consolidated Area as set forth on Exhibit A;
. WHEREAS, if future projects are undertaken or property is to be acquired the
Commission will amend the Consolidated Plan to show:
(1) (A) the location of various parcels of property, streets, alleys, and other
features affecting the acquisition, clearance, replatting, replanning, rezoning or
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economic development or redevelopment of the area, indicating any parcels of
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property to be excluded from the acquisition; and
(B) the parts of the acquired areas that are to be devoted to public ways,
levees, sewerage, parks, playgrounds, and other public purposes under the
Consolidated Plan;
(2) Lists of the owners of the various parcels of property proposed to be acquired; and
^. "- (3) An estimate of the cost of acquisition, redevelopment and economic development;
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 to and incorporated
by reference in this resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE
REDEVELOPMENT COMMISSION THAT
1. The Resolutions and the Original Plans are hereby amended to create the
Consolidated Area by enlarging the boundaries of the Original Areas to include an additional
area and consolidating the Original Areas. For all purposes except for determining the base
Coo assessment date for existing tax increment allocation areas pursuant to IC 36- 7- 14 -39, the
Consolidated Area shall be treated as one redevelopment area under IC 36 -7 -14 and IC 36 -7 -25
( "Act "). The map of the Consolidated Area is set forth in Exhibit A. The Resolutions, Original
Plans and all related proceedings or actions of the Commission are hereby ratified and
confirmed; provided, however, that this resolution, the Consolidated Plan and the Report shall
govern all matters related to the Consolidated Area in the event of any inconsistencies.
2. The Commission now finds and determines that the establishment of the
Consolidated Area and the approval of the Consolidated Plan will help accomplish the plan for
economic development and redevelopment in the Consolidated Area, as originally established by
the Resolutions and consolidated, enlarged and amended by this resolution.
3. The Commission now finds that the consolidation of and amendment to the
Resolutions are reasonable and appropriate when considered in relation to the Resolutions and
the Original Plans and the purposes of IC 36 -7 -14. The Commission further finds that the
Resolutions, the Original Plans, this resolution and the Consolidated Plan conform to the
comprehensive plan of the City and that the proposed consolidation and amendment will not
impair the rights of the owners of the Commission's outstanding bonds payable from tax
increment collected in any tax increment allocation areas in the Original Areas.
4. The Commission finds that no residents of the Consolidated Area will be
displaced by any project resulting from the Consolidated Plan; and, therefore, the Commission
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finds that it does not need to give consideration to transitional and permanent provisions for
adequate housing for the residents.
5. The presiding officer of the Commission is hereby authorized and directed to
submit this resolution, together with the Consolidated Plan, and the Report to the Jeffersonville
Plan Commission ( "Plan Commission ") for its approval.
6. The Commission also directs the presiding officer, after receipt of the written
order of approval of the Plan Commission and the approval of the Plan Commission's order 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 Board of Public Works, the Park Board, the Building Commissioner and any other
departments or agencies of the City concerned with unit planning, zoning variances, land use or
the issuance of building permits. 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 Consolidated Area and
Consolidated Plan.
7. This resolution is effective upon passage.
Adopted at a meeting of the Jeffersonville Redevelopment Commission held May (0 ,
2004, in Jeffersonville, Indiana.
JEFFERSONVILLE REDEVELOPMENT
COMMISSION
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• • • EXHIBIT A
Map of Consolidated Area •
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ORDER OF THE JEFFERSONVILLE PLAN COMMISSION
DETERMINING THAT A RESOLUTION AND AMENDED AND
CONSOLIDATED REDEVELOPMENT PLAN APPROVED AND ADOPTED BY THE
JEFFERSONVILLE REDEVELOPMENT COMMISSION CONFORM TO THE
COMPREHENSIVE PLAN AND APPROVING THAT RESOLUTION
AND THE AMENDED AND CONSOLIDATED REDEVELOPMENT PLAN
WHEREAS, the City of Jeffersonville ( "City ") Redevelopment Commission ( "Commission ")
on the 1 ' day of May, 2004, (i) initially approved Resolution No ?ooq-Z, ( "Resolution ")
_ consolidating the Falls Landing Riverfront Redevelopment Area and the Gateway Red evelopment
Area ( "Consolidated Area ") and enlarging the boundaries of the Consolidated Area (as consolidated
and expanded, "Consolidated Area "), and (ii) initially approved an amended and consolidated
redevelopment plan ( "Consolidated Plan ") for the Consolidated Area in the City pursuant to IC 36-7 -
14 and IC 36 -7 -25 and all acts supplemental and amendatory thereto ( "Act "); and
WHEREAS, the Act requires approval of the Resolution and the Consolidated Plan by the
Jeffersonville Plan Commission ( "Plan Commission "); and
WHEREAS, the Plan Commission has received and reviewed the Resolutions and the
Consolidated Plan;
NOW, THEREFORE, BE IT ORDERED BY THE JEFFERSONVILLE PLAN
COMMISSION, AS FOLLOWS:
1. The Consolidated Plan for the Consolidated Area conforms to the comprehensive plan
of development for the City.
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2. The Consolidated Plan is in all respects approved, ratified and confirmed.
3. The Secretary of the Plan Commission is hereby directed to file a copy of the
Resolution and the Consolidated Plan with the permanent minutes of this meeting.
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FACTUAL REPORT IN SUPPORT
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RESOLUTION NO
1 JEFFERS ONV ILLE 'REDEVELOPMENT COMMISSION
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,t.rt is intended to supplement the original factual reports supporting the
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''''' defwed in Resolution No. ),...,d, 1.2_4:_.--'2 , dated May ta.., 2004 (2004
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!tri‘.e Consolidated Area (as defined in the 2004 Resolution) is . an area in 'winch -----
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,0"tsnient and occupancy are undesirable or impossible because of lack of '
essation of growth, deterioration of improvements, character of occupancy, age,
'...d substandard buildings. • 8
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The plowing, replanning, development, and redevelopment of the Consolidated r a ,
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1, ' efit the public health, safety, morals and welfare by enhancing and continuing ,
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At throughout the Consolidated Area, the continued elimination of blight and the - ' 10
f urban investment and additional jobs. I ,,
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1 ' The redevelopment plan for the Consolidated Area cannot be achieved by 1 14
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■ ', t ,ry processes or by the ordinary operation of private enterprise without resort to IC 36-7- .
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redevelopment statute) because there are no available regulatory processes available to
top the Consolidated Area and private enterprise will not undertake all of the
elopment effos nec
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*.-rtessary to redevelop the Consolidated Area such a,s land clearance and
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renovation. •
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menace to the socia •• .
! • . 4. The Consolidated Area is a l and economic interest of the Ci ty !
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. and its inhabitants because of existing blight and lack of deVelopment.
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JEFFERSONVILLE REDEVELOPMENT COMMISSION
REDEVELOPMENT PLAN FOR THE
CONSOLIDATED AREA
Purpose and Introduction.
This document is the redevelopment plan, as consolidated and amended ( "Consolidated
Plan") for the Consolidated Area (as defined in Resolution No 2WiSdated May / O, 2004 (2004
Resolution)) for the City of Jeffersonville Indiana ( "City "). It is intended for approval by the
Common Council, the Jeffersonville Plan Commission ( "Plan Commission ") and the
Jeffersonville Redevelopment Commission ( "Commission ") in conformance with IC 36 -7 -14.
Project Objectives.
The purpose of the Consolidated Plan is to benefit the public health and welfare of the
citizens of the City. The Consolidated Plan is designed to enhance and continue redevelopment
throughout the Consolidated Area.
e The City shall, to the extent feasible under IC 36 -7 -14 and IC 36 -7 -25 and consistent
with
the needs of the City as a whole, afford a maximum opportunity for rehabilitation or
redevelopment of the Consolidated Area by private enterprise.
The factual report attached to this Consolidated Plan contains the supporting data f or the
above declared purposes of the Consolidated Plan.
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Description of Project Area.
The Consolidated Area is located in the City and is described as that area contained in the
maps and plats attached to this Consolidated Plan. The general description of the Consolidated
Area is shown in Exhibit A.
Acquisition of Property.
The Redevelopment Commission has no present plans to acquire any interests '
property.
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If any property is acquired now or in the future, the Commission will approve the
be offered to the owner of each parcel. The price to be offered may not exceed the average nce to
two (2) independent appraisals. However, if the real property is less than five (5) acres in size
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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 prices indicated on the
list may not be exceeded unless specifically authorized by the Commission or ordered by a court
in condemnation proceedings.
Whenever the Commission considers it necessary to acquire real property in the
Consolidated Area by the exercise of the power of eminent domain, the Commission will adopt a
resolution setting out its determination to exercise that power and directing its attorney to file a
petition in the name of the City on behalf of the Department of Redevelopment in the Circuit or
Superior Court of Clark County. These eminent domain roceedin s are governed g g rned by IC 32 -11
and any other applicable statutory provisions for the exercise of the power of eminent domain.
Procedures with respect to future projects.
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In undertaking any future projects, the Commission may proceed with the projects before
the acquisition of all interests in land in the Consolidated Area
All contracts for material or labor in the accomplishment of the projects shall be let under
IC 36-1.
In the planning and rezoning of real property acquired or to be used in the
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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 of the City to secure the proper
orders, approvals, and consents.
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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,
approval, 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.
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Disposal of Property.
The Commission may dispose of real property acquired, if any, by sale 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) cres in
PP by size and the fair market value of the real property or interest has been appraised y 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
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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.
Financing of projects.
If the Commission determines to issue bonds payable from incremental ad valorem
property taxes allocated under IC 36- 7 -14 -39 in order to raise money for property acquisition and
completion of projects in the Consolidated Area in the future, 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:
C (1) The total cost of all land, rights -of -way, and other property to be acquired and
redeveloped;
(2) 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;
(3) 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
(4) Expenses that the Commission is required or permitted to a under IC 8 -2
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317.
In the issuance of bonds the Commission will comply with IC 36 -7 -14 -25.1.
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.
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Amendment of the Plan.
By following the procedures specified in IC 36 -7 -14 -17.5, the Commission may amend
the Consolidated Plan for the Consolidated Area
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