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HomeMy WebLinkAbout2013-R-35 RESOLUTION NO. 3 COMMON COUNCIL CITY OF JEFFERSONVILLE, INDIANA REGARDING THE AMENDMENT OF THE INNER CITY ROAD ECONOMIC DEVELOPMENT PLAN WHEREAS, the Jeffersonville ( "City ") Redevelopment Commission ( "Commission ") did on December 22, 1995, adopt a Declaratory Resolution, as amended on December 1, 1999, June 15, 2005 and May 27, 2008 (collectively, as amended, "Declaratory Resolution ") establishing and enlarging the Inner City Road Economic Development Area ( "Area ") and the Declaratory Resolution was confirmed by a confirmatory resolution adopted on February 28, 1996; WHEREAS, the Declaratory Resolution approved the Economic Development Plan, as amended ( "Plan ") which Plan contained specific recommendations for economic development in the Area; p 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 y 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; 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 approves the following specific project: I/2810035.2 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: 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. -2 I/2810035.2 4. This resolution shall be effective from and after passage. PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Indiana, this 200,1 day of December, 2013, by a vote of ° I ayes and 0 nays. COMMON COUNCIL CITY OF JEFFERSONVILLE, INDIANA Jr2i.44 _ Presiding Officer ATTEST: 1\,eitt Cgdifin Clerk Presented by me to the Mayor of the City of Jeffersonville, Indiana, this 3 day of December, 2013 at )1 Clerk Signed and approved by me, the Mayor of the Cit f Jefferrnville, Indiana, on this day of December, 2013 atX:rccm. Mayor - 3 - 1/2810035.2