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HomeMy WebLinkAbout2006-OR-69 Riverboat'' ' ORDINANCE NO. 2006-OR-69 AN ORDINANCE ESTABLISHING THE JEFFERSONVILLE RIVERBOAT GAMING AUTHORITY WHEREAS, at the general election held on November 7, 2006, approximately sixty percent (60%) of the voters of Clark County, Indiana, affirmatively approved the following public question at referendum: "Shall riverboat gambling be permitted in Clark County, Indiana?"; and, WHEREAS, the voters within the City of Jeffersonville, Indiana ("Jeffersonville") at such general election affirmatively approved such referendum question by an even greater margin; and, WHEREAS, on or about July 20, 1993, the Common Council of the City of Jeffersonville adopted Ordinance No. 93-OR-47 which authorizes the docking of a riverboat gaming facility within the boundaries of the City of Jeffersonville, Indiana, pursuant to the provisions of IC 4-33-6-18 and IC 4-33-6-19, which ordinance remains in effect as it has not since been repealed or amended in any manner; and, WHEREAS, pursuant to Indiana law and the above-referenced ordinance, the City of Jeffersonville, Indiana, is now a location at which the Indiana Gaming Commission may issue a license permitting a riverboat gaming facility to locate and operate; and, WHEREAS, this Common Council deems it to be vitally important to the interest of the citizens of Jeffersonville and the Southern Indiana region that an orderly process for the evaluation and investigation of all opportunities available for the location of a riverboat gaming facility in Jeffersonville be identified and implemented; and, WHEREAS, this Common Council has now further determined that the establishment of the Jeffersonville Riverboat Gaming Authority (hereinafter "Authority") pursuant to the provisions of this Ordinance is warranted as a part of such an orderlyprocess. NOW, THEREFORE, BE IT ORDAINED BY THIS COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, that the Jeffersonville Riverboat Gaming Authority is hereby established and vested with the following duties and obligations: Section 1. Purpose, Duties and Responsibilities of the Authori~ 1.1 Until further direction issued by ordinance of this Common Council, the Authority shall serve as the exclusive body with which any and all individuals, corporations, ~. limited liability companies, partnerships, or other entities that may be desirous of locating a '' ' riverboat gaming facility in Jeffersonville shall communicate. The Authority shall serve as the liaison between the City of Jeffersonville and its political subdivisions, this Common Council, and the Mayor and any person or entity that is desirous of locating a riverboat gaming facility in Jeffersonville. 1.2 The Authority is an advisory body only. The Authority has no power, jurisdiction, or authority to bind or obligate the City of Jeffersonville or any of its political subdivisions, this Common Council, or the Mayor with respect to any proposal or offer received from any person or entity that desires to locate a riverboat gaming facility in Jeffersonville. 1.3 The Authority shall gather information which shall be presented to the Council and the Mayor for due consideration regarding all matters related to the potential location of a riverboat gaming facility in Jeffersonville. The Authority shall regularly report its activities and undertakings to this Common Council and the Mayor during either regular or special public meetings of this Common Council. 1.4 The Authority shall make recommendations to the Council and the Mayor regarding any and all matters related to the location of a riverboat gaming vessel, specifically including any proposals received from entities that desire to locate a riverboat gaming facility in Jeffersonville. 1.5 The Authority and its members shall be bound by any and all provisions of the Jeffersonville Ethics Ordinance, as well as all other applicable provisions of the Jeffersonville City Code and Indiana law regarding the conduct of elected and appointed officials. Section 2. Authority Members. The Authority shall consist of seven (7) voting members and four (4) ex off cio (non-voting) members, which members shall be appointed in accordance with the terms of this Section 2. 2.1 Voting Members. The seven (7) voting members of the Authority shall be appointed in accordance with the following terms: 2.1.1 The duly elected Mayor of the City during his term of office. 2.1.2 One (1) member of the Clarksville Town Council or its designee who shall be appointed by such body annually. 2.1.3 One (1) member of the Board of Clark County Commissioners who shall be appointed by such body from its membership annually. 2.1.4 Four (4) members of this Common Council for. a term of three (3) \' years beginning December 1, 2006, and ending November 30, 2009. If a member of the 2 ~--,, Jeffersonville City Council that has been appointed to serve on the Authority resigns or no _ longer serves as a member of the Council, but remains a City resident, said member shall continue to serve on the Authority until the expiration of the then current term. A Council member who ceases to be a resident of the City shall automatically be deemed to have forfeited and vacated their office as a member. The City Council shall appoint replacement or successor members from among its membership at the expiration of a regular term or as the need otherwise arises. 2.2 Ex Officio Members. The four (4) ex officio (non-voting) members of the Authority shall be appointed in accordance with the following terms: 2.2.1 The duly elected Mayor of the City of Charlestown, Indiana, or his designee, during his term of office. 2.2.2 One (1) member of the Sellersburg Town Council who shall be appointed by such body from its membership annually. 2.2.3 One (1) member of the Clark County Council who shall be appointed by such body from its membership annually. 2.2.4 One (1) member of the board of directors of the Clark -Floyd Counties Convention and Tourism Bureau who shall be appointed by such body from its w membership annually. 2.3 The names of all persons appointed shall be transmitted in writing to the Jeffersonville Clerk-Treasurer promptly after their appointment. The Jeffersonville Clerk- Treasurer shall mail a notice of appointment to each member immediately after receipt of such notice. Before entering upon their duties, each member shall take and subscribe an oath of office (in the usual form), which shall be endorsed upon their certificate of appointment. The certificate shall be promptly filed with and maintained by the Clerk-Treasurer. 2.4 If a person appointed as a member of the Authority either (i) fails to qualify within ten (10) days after notice of his appointment is mailed to them, or (ii) qualifies but then dies, resigns, vacates their office because they no longer reside in the City, or is otherwise removed from office, a replacement member shall be appointed by this Common Council for the remainder of the remaining term. The Common Council shall appoint successor members of the Authority as necessary for so long as this Ordinance remains in effect. 2.5 Members and their immediate family shall not hold any direct or indirect pecuniary interest in any corporation, limited liability company, partnership, trust, or other entity that seeks to locate and operate a riverboat gaming facility in Jeffersonville. Any member that fails to disclose such pecuniary interest shall be removed as a member of the authority, and the entity that seeks to locate and operate a riverboat gaming facility in `' Jeffersonville shall be immediately disqualified from receiving or holding a permit for same 3 upon discovery of such interest. It is expressly provided, however, that the holding of any shares of stock in a publicly traded company that is engaged in the gaming industry shall not operate to disqualify the member from the Authority or the gaming company, its subsidiaries or affiliates, from seeking or holding such permit. The act of abstaining from votes affecting an entity in which a member or their immediate family holds a pecuniary interest prohibited under this section shall not in any manner serve to remedy such prohibitions. Section 3. Conduct of Meetings. 3.1 All meetings of the Authority shall be conducted in compliance with the provisions of the Indiana Open Door Law. The Authority may conduct executive sessions regarding any and all matters permitted under the provisions of the Indiana Open Door Law. 3.2 All information, minutes, memoranda, and other documents made or maintained by shall be subject review and production in accordance with the the Indiana Public Records Act. 3.3 The initial members of the Authority shall hold an organizational meeting within thirty (30) days following their appointment at a time and place designated in a notice posted by the Clerk-Treasurer. The members shall elect officers, including a president, a vice president, and a secretary. Each of these officers shall serve from the day of their ,~^, election until the first Tuesday in December in the year following their election, and shall hold over until their successor is elected and qualified. 3.4 The members shall adopt rules and bylaws governing the conduct of Authority proceedings, the performance of the Authority's duties, and the safeguarding of any funds or property held by the Authority. The members shall hold regular meetings at least monthly, and may hold additional regular and special meetings as they consider necessary. The members shall issue notice of the place and time of all such meetings in accordance with Indiana law. The secretary or the Clerk-Treasurer shall record the minutes of all such meetings, which minutes shall be recorded in a book provided by the Clerk-Treasurer for such purpose. A majority of the members constitutes a quorum for purposes of conducting business, but the concurrence of a majority of the entire membership of the Authority shall be required to authorize any official action of the Authority. Section 4. Legal Representation of Authority. 4.1 This Common Council shall retain legal counsel for the Authority on terms and conditions it deems appropriate pursuant to the provisions of IC 36-4-6-24. The attorney shall provide this Common Council with a regular itemized billing statement for services provided to the Authority. 4.2 The attorney retained by this Common Council shall provide legal advice to '' the Authority. However, the attorney shall owe this Common Council the duty of full 4 disclosure of all matters and actions considered or taken by the Authority, and shall promptly and fully respond to all inquires made by this Common Council. Section 5. Severability. 5.1 If any provision of this Ordinance, or application thereof to any person or circumstance, is subsequently found to be unlawful or otherwise invalid, such invalidity shall not affect any other provisions or applications of this Ordinance that can be given effect without the invalid application or provision, and to this end each such invalid provision or application of this Ordinance is severable. Section 6. Effective Date. 6.1 This Ordinance shall be in full force and effect following its adoption by this Common Council, and either approval by the Mayor or override of any veto by the Mayor in accordance with the provisions of Indiana law. WHEREFORE, on this 4th day of December, 2006, this Ordinance was approved on its third and final reading by the Common Council of the City of Jeffersonville, Indiana, by the affirmative vote of five (5) members in favor, one (1) member against, and one (1) member absent and not voting. Vii': tv~ BARBARA L. WILSON, President of the Jeffersonville Common Council Attest: _~- e _ Peggy Wil Jerk-Treasurer ~, CERTIFICATE OF PRESENTATION TO MAYOR The undersigned hereby certifies that on the day o 2006, the above Ordinance was presented by me, as the duly elected Clerk-Treasurer of the City of Jeffersonville, Indiana, to the Mayor of the City of Jeffersonville, Indiana. v~ p Wil erk-Treasurer APPROVAL OR VETO OF ORDINANCE BY MAYOR The undersigned, as of this ~~ day of ~,!w~t,/ , 2006, and as the duly elected Mayor of the City of Jeffersonville, Indiana, hereby takes the hereinbelow described ac ion regarding the above Ordinance as authorized by the provisions of IC 36-4-6- 16 and as idenced by my signature affixed below (check below as appropriate): I hereby APPROVE this Ordinance, which approval was entered within ten (10) days after its presentation by the Clerk-Treasurer to me. ~' I hereby VETO this Ordinance, which veto was entered within ten (10) days after its presentation by the Clerk-Treasurer to me. The reason(s) for this veto are as follows (attach additional sheets for explanation as necessary): NOTE: In the event that no action is taken by the Mayor to either approve or veto this Ordinance within ten (10) days after its presentation by the Clerk-Treasurer, then this Ordinance shall be deemed as vetoed pursuant to operation of law. The Clerk-Treasurer shall promptly report any (i) express approval of this Ordinance, (ii) express veto of this Ordinance, or (iii) veto of this Ordinance by the Mayor's failure to approve or deny within such period by not later than the next regular or special meeti 'Common Council following the occurrence of any such action or inaction. ~. Attest: peggy Wii erk-Treasurer ~~. RO EB RT L~'VAIZ~JR., Mayor of the City of Jeffersonvi e, Indiana C;~--'°-~--' 6 a CERTIFICATE OF OVERRIDE OF MAYOR'S VETO .~ The undersigned, as the duly appointed President of the Common Council of the City of Jeffersonville, Indiana, hereby certifies that on the day of 2006, the Common Council of the City of Jeffersonville, Indiana, at its first regular or special meeting following either (i) the express veto of the above Ordinance by the Mayor of Jeffersonville within ten (10) days after its presentation to him by the Clerk-Treasurer, or (ii) the failure of the Mayor of Jeffersonville to either approve or veto the above Ordinance within ten (10) days after its presentation to him by the Clerk-Treasurer, PASSED and ADOPTED the above Ordinance over the veto of the Mayor of Jeffersonville by the affirmative vote of two-thirds (2/3) vote of its entire membership. The provisions of the above Ordinance shall be fully effective from and after such action of the Common Council in accordance with the provisions of Indiana law. BARBARA L. WILSON, President of the Jeffersonville Common Council Attest: h peggy Wilder, Clerk-Treasurer 7