HomeMy WebLinkAbout2004-R-3 ..4
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Shirley Nolot
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CLARK COUNTY RECORDER
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I 2004134I: County Recorder
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4 C2 Date 06/04/2004 Time 10;40:25 --,J t. •!.
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) UTION CONFIRNIING tHE. RESOLUTION OF THE
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4 1 LE REDEVELOPMENT COMMISSION ADOPTED ON • . 4
TLED "A RESOLUTION CONSOLIDATING THE FALLS LANDING
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1EVELOPMENT AREA AND THE GATEWAY REVEMENT
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A AND ENLARGING THE CONSOLIDATED AREA" !, 1
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RESOLUTION
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the Jeffersonville (t'City") Redevelopment Commission ('Coramission") - on -:=----,---:-----
-adopted a reiolution entitled "A Resolution consolidating the Falls Landing —
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\:, lopment Area and the Gateway Redevelopment Area and enlarging the
("Resolution") pursuant to IC 36-7-14 and IC 36-7-25; and 8
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')- S, the Resolution approved the Consolidated Plan presented at the May \, 9
the Coramission, which contained specific recommendations for the consolidation ,
, % ingRiverfront Redevelopment Area and the Gateway Redevelopment Area and its
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onsolidated Area"); and _
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41) AS, the Resolution recognized that there were no current plans for the acquisition of
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,',, • • the Area; and 12
REAS, the Commission submitted
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441 the Resolution and supporting data to ;the .. : 1:
, \ i e Plan Commission ("Plan Commission") and the Plan Commission issued its writtei - . .
Ning the Resolution and the Consolidated Plan as submied, i 1
tted; and . .
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Y a REAS, the Common Council approved the order of the Plan Commission;
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1 REAS, the Commission published notice in The Evening News of the adoption and 1,
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e of the Resolution and of a hearing to be held in accordance with IC 36-7-1417 and IC 5-3-
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,. \:: 2004, by the Commission; and
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'--. WHEREAS, the notice described in the preceding paragraph was also fid le in the dace of
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1 1:- • Commission, the Board of Zoning Appeals, the Public Works Board, the Park Board,, the qr1
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i v "k4ng Commisiioner and any other departments, bodies or o th fficers having to do wi Ci
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variances from zoning ordinances, land use or the issuance of building permits; and
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1 ' wHEREAS, the Commission on May 3 Z......ii _, 2004, conducted a public heng at ari Which the ■1 1 '
13amission heard all persons interested in the proceedings and considered all written remonstrances ,111
d objections that were filed;
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1 :* NOW, THEREFORE, BE IT RESOLVED BY THE JEFFERSONVILLE
, REDEVELOPMENT COMMISSION THAT:
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1. The Commission has considered the evidence presented and now finds and
determines that it will be of public utility and benefit to proceed with the consolidation and tt
expansion set forth in the Resolution to create the Consolidated Area
' 2. The Resolution and Consolidated Plan approved by the Commission on May \ O ,
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2004, copies of which are attached hereto and incorporated herein, are hereby confirmed.
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3. The Secretary is hereby directed to record this resolution with the Clark County f
Recorder and to file this resolution with the Clark County Auditor.
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Adopted at a meeting of the Jeffersonville Redevelopment Commission held May, 004.
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d JEFFERSONVILLE REDEVELOPMENT
COMMISSION
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Vice,l'resident
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This instrument prepared by Thomas K. Downs, Ice Miller, One American Square, Box
82001, Indianapolis, Indiana 46282.
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CERTIFICATE
Re: Filing of Notice Pursuant to IC 36- 7- 14 -17(b)
I, hc'c,N 1 , the duly chosen; qualified and acting Secretary of the
Jeffersonville Redevelopment Commission ( "Commission ") hereby certify that the attached notice of
adoption and substance of the resolution and notice of hearing was filed with the following bodies
prior to May 2 g , 2004:
Jeffersonville Plan Commission i
Board of Zoning Appeals
Board of Public Works
Board of Parks and Recreation
Building Commissioner
bodies or officers of the City and any other departments, bo tY of Jeffersonville having to do with
planning, zoning variances, land use or the issuance of building permits. These agencies and officers I
were notified that until the Commission confirms, modifies and confirms or rescinds the resolution,
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or the confirmation of the resolution is set aside on appeal, thes e agencies and officers may not
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(1) Authorize any construction on properties or sewers in the area described in the
resolution, including substantial modifications, rebuilding, conversion, enlargement, additions, and
major structural improvements, or
(2) 2 Take any regarding action re ardin the zoning or rezoning of property, or the opening, closing,
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1 or improvement of streets, alleys, or boulevards in the area described in the resolution.
Dated May 2004 /0 gip
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FACTUAL REPORT IN SUPPORT
OF FINDINGS CONTAINED IN
RESOLUTION NO. )c 4
OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION
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This report is intended to supplement the original factual reports supporting the
Resolutions (as defined in Resolution No. ) p 0‘1-7 , dated May (Q , 2004 ( "2004
Resolution ")).
1. The Consolidated Area as defined in the 2004 Resolution) ion) is an area in which
normal development and occupancy are undesirable or impossible because of lack of
development, cessation of growth, deterioration of improvements, character of occupancy, age,
obsolescence and substandard buildings.
2. The planning, replanning, development, and redevelopment of the Consolidated
Area will benefit the public health, safety, morals and welfare by enhancing and continuing
redevelopment throughout the Consolidated Area, the continued elimination of blight and the
promotion of urban investment and additional jobs.
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3. The redevelopment plan for the Consolidated Area cannot be achieved by
regulatory processes or by the ordinary operation of private enterprise without resort to IC 36-7 -
14 (the redevelopment statute) because there are no available regulatory processes available to
redevelop the Consolidated Area and private enterprise will not undertake all of the
redevelopment efforts necessary to redevelop the Consolidated Area such as land clearance and
property renovation.
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4. The Consolidated Area is a menace to the social and economic interest of the City
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:2O ' sated May / P, 2004 (2004
Resolution)) for the City of Jeffersonville Indiana "Ci "
( ty ). 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.
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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 i
throughout the Consolidated Area.
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The City shall, to the extent feasible under IC 36 -7 -14 and IC 36 -7 -25 and consistent with
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the needs of the City as a whole, afford a maximum opportunity for rehabilitation or
redevelopment of the Consolidated Area by private enterprise.
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The factual report attached to this Consolidated Plan contains the supporting data for the s'
above declared purposes of the Consolidated Plan.
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Description of Project Area.
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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 i f
Area is shown in Exhibit A.
Acquisition of Property.
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The Redevelopment Commission has no present plans to acquire any interests in real
property.
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If any property is acquired now or in the future, the Commission will approve the price to
be offered to the owner of each parcel. The price to be offered may not exceed the average of
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 b y a court
in condemnation proceedings.
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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 proceedings are governed by IC 32-11
and any other applicable statutory provisions for the exercise of the power of eminent domain. I
Procedures with respect to future projects. i
In undertaking any future projects, the Commission may proceed with the projects before
the acquisition of all interests in land in the Consolidated Area
i i All contracts for material or labor in the accomplishment of the projects shall be let under
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IC 36 -1.
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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;
1 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 n
orders, approvals, and consents.
Any construction work required in connection with the projects may be carried out by the
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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.
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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 t
assessments in installments as provided by statute in the case of private owners.
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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)
size and the fair market value of the real property or interest has been appraised by acres in
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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
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
se bonds completion of projects in the Consolidated Area in the future, the amount of the q
exceed the total, as estimated by the Commission of all expenses reasonably incurred may not
curred in
connection with the projects, including:
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(1) The total cost of all land, rights -of -way, and other property to be ired and
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redeveloped; q 1
(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;
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(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
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(4) Expenses that the Commission is required or permitted to pay under IC 8- 23 -17.
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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-
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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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