HomeMy WebLinkAbout2012-R-25 RESOLUTION NO. b
COMMON COUNCIL
CITY OF JEFFERSONVILLE, INDIANA
REGARDING THE AMENDMENT OF THE
FALLS LANDING REDEVELOPMENT PLAN AND CLARIFYING PLEDGE
WHEREAS, the Jeffersonville ( "City ") Redevelopment Commission ( "Commission ") did
on April 27, 1982 (expansion resolutions adopted on December 19, 2002, May 28, 2003, July 1,
2003 and June 11, 2008; expansion and consolidation resolutions adopted on May 10, 2004 and
May 28, 2004; and as further amended on June 29, 2005), adopt a Declaratory Resolution
(collectively, as amended, "Declaratory Resolution ") establishing the Falls Landing
Redevelopment Area ( "Area ") and the Declaratory Resolution was confirmed by a confirmatory
resolution adopted on May 26, 1982;
WHEREAS, the Declaratory Resolution approved the Redevelopment Plan, as amended
( "Plan ") which Plan contained specific recommendations for redevelopment in the Area;
WHEREAS, on November 27, 2012, the Commission adopted its Amending Declaratory
Resolution with respect to the Area ("Amending Declaratory Resolution "), for the sole purpose
of amending the Plan to add two specific projects which include the construction of a police
station and stormwater conveyance improvements as described on Exhibit A to the Amending
Declaratory Resolution, together with all necessary appurtenances and related improvements and
equipment (hereinafter referred to as the "2012 Plan ");
WHEREAS, IC 36 -7 -14 and IC 36 -7 -25 and all acts supplemental and amendatory
thereto ( "Act ") require approval of the Amending Declaratory Resolution and the 2012 Plan by
the Jeffersonville Plan Commission ( "Plan Commission "), which occurred on December 4, 2012,
which approving order is attached hereto as Exhibit A; and
WHEREAS, the Act requires the approval of the 2012 Plan, the Amending Declaratory
Resolution and the action of the Plan Commission by the Common Council of the City
( "Council "); and
WHEREAS, the Council adopted Ordinance No. 2006 -OR -29 ( "Original Ordinance ") to
approve a pledge of certain tax increment as set forth therein; and
WHEREAS, the Commission will pledge Tax Increment (as defined in the Amended and
Restated Bond Resolutions and described in the Commission's Amending TIF Pledge
Resolution, each attached hereto as Exhibits B, C, and D, respectively, and incorporated herein
by reference (collectively, "Bond Resolutions ")) from the Falls Landing Redevelopment Area
and the Inner City Road Economic Development Area to each series of bonds issued under the
respective Bond Resolutions; and
WHEREAS, the ability of the Commission to create a valid pledge of Tax* Increment
under the Bond Resolutions will be clarified if the pledge made under the Original Ordinance is
restated as set forth in the Bond Resolutions to account for the statutory framework governing
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the Commission and the Council and their ability to create such a pledge as it exists in the
Original Ordinance; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF JEFFERSONVILLE, INDIANA THAT:
1. The 2012 Plan and the Amending Declaratory Resolution are in all respects
hereby approved, ratified and confirmed by the Common Council, and the 2012 Plan only
includes those projects previously approved prior to January 1, 2012 and the two specific
projects (i.e. the police station and the stormwater conveyance improvements) which are
included in the amendments to the 2012 Plan.
2. The actions of the Plan Commission approving the 2012 Plan and the Amending
Declaratory Resolution are in all respects hereby approved, ratified and confirmed by the
Common Council.
3. The Clerk is hereby directed to file a copy of the Amending Declaratory
Resolution, the 2012 Plan and the order of the Plan Commission with the permanent minutes of
this meeting.
4. The Council hereby finds that the pledge of tax increment set forth in the Original
Ordinance shall be clarified in accordance with the attached Bond Resolutions and confirms the
findings contained therein.
5. All actions of the Council in conflict solely in regard to the pledge of tax
increment herewith are hereby repealed.
6. This resolution shall be effective from and after passage.
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PASSED AND ADOPTED by the Common r c ouncil of the City of Jeffersonville,
Indiana, this 27 day of December, 2012, by a vote of ayes and C0 nays.
COMMON COUNCIL
CITY OF JEFFERSONVILLE, INDIANA
I _
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Presiding Officer 7
ATTEST:
/R
Clerk
Presented by me to the Mayor of the City of Jeffersonville, Indiana, this;, 2 day of
December, 2012 at I
LAt-
Clerk
Signed and approved by me, the Mayor of the City • f effersonville, Indiana, on this
9 day of December, 2012 at
OitI ` .. _
Mayor
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EXHIBIT A
See attached Plan Commission Order
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EXHIBIT B
See attached Amended and Restated Falls Landing Bond Resolution
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EXHIBIT C
• See attached Amended and Restated Inner City Road Bond Resolution
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EXHIBIT D
See attached Amending TIF Pledge Resolution
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