HomeMy WebLinkAbout2013-R-34 RESOLUTION NO. 3 i
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 February 20, 2013, the Commission adopted its Amending Declaratory
Resolution with respect to the Area ( "Amending Declaratory Resolution "), for the purpose of
amending the Plan to add the construction of projects and improvements as described in said
Amending Declaratory Resolution, Incorporated Herein By Reference, to the Amending
Declaratory Resolution, together with all necessary appurtenances and related improvements and
equipment (hereinafter referred to as the "2013 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 2013 Plan by
the Jeffersonville Plan Commission ( "Plan Commission "), which occurred on February 26, 2013,
which approving order is Incorporated Herein By Reference; and
WHEREAS, the Act requires the approval of the 2013 Plan, the Amending Declaratory
Resolution and the action of the Plan Commission by the Common Council of the City
("Council");
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF JEFFERSONVILLE, INDIANA THAT:
1. The 2013 Plan and the Amending Declaratory Resolution are in all respects
hereby MODIFIED by the Common Council to the extent that the Common Council only
approves the following specific project, subject to the conditions as set forth below:
The Council approves the Riverfront Improvements Docks & Fishing Pier Project
(a /k/a the "Marina Project "), as described in the permit /constructions plans
prepared by Jacobi, Toombs & Lanz, identified as job number 12104, dated
11/01/13, sheet numbers 1 through 16, X1 through X11, and El through E3, with
said plans attached here to as Exhibit "A ".
The Council approves the said project subject to the following conditions:
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A. That the cost of the said project shall not exceed $2.2 Million Dollars.
B. That no work of any kind can begin until all federal, state and local permits are
granted and approved by the appropriate authority.
C. That all funding for the said project shall come from the Jeffersonville
Redevelopment Commission's TIF funds.
D. That all maintenance for the said improvements, docks, fishing pier, and any
other items as described in the said project plans shall be the sole responsibility of
the Jeffersonville Redevelopment Authority and the Jeffersonville Redevelopment
Commission shall be solely responsible for the costs of all maintenance activities, to
be funded first from all dock rental fees, and then from the Jeffersonville
Redevelopment Commission's TIF funds.
E. That the Jeffersonville Parks Department, including its director and employees,
and the Jeffersonville Parks Authority, shall not be responsible for any maintenance
activities and shall not be responsible for any maintenance costs for the said
improvements, docks, fishing pier, and any other items as described in the said
project plans.
F. That if the said permit /construction plans attached hereto as Exhibit "A"
substantially or materially change, or if the scope of the said project is substantially
or materially changed, then the said changes to the said plans must be brought back
before the Common Council for approval.
G. That if the cost of the said project changes and exceeds $2.2 million dollars, then
the project must be brought back before the Common Council for approval before
any costs or expenses are incurred above the $2.2 Million Dollar amount.
2. The actions of the Plan Commission approving the 2013 Plan and the Amending
Declaratory Resolution are in all respects hereby MODIFIED by the Common Council to the
extent that the Common Council only approves the specific projects as identified in the
preceding paragraph.
3. The Clerk is hereby directed to file a copy of this Resolution which MODIFIES
the Amending Declaratory Resolution, the 2013 Plan and the order of the Plan Commission as
set forth above with the permanent minutes of this meeting.
4. This resolution shall be effective from and after passage.
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PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Indiana, this
2. iNc4 day of December, 2013, by a vote of C t ayes and Q nays.
COMMON COUNCIL
CITY OF JEFFERSONVILLE, INDIANA
Presiding Officer
ATTEST:
/ MO eGYfin
Clerk
Presented by me to the Mayor of the City of Jeffersonville, Indiana, this day of
December, 2013 atlk :fl() .m.
0 COA-04/‘"
Clerk
Signed and approved by me, the Mayor of the City of fersonville, Indiana, on this
day of December, 2013 at a : ('S c_.m.
—
Mayor
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