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HomeMy WebLinkAbout1997-R-35RESOLUTION NO,~ RESOLUTION OF THE COMMON COUNCIL, CITY OF JEFFERSONVILLE, INDIANA, REGARDING TI-IE ESTABLISHMENT OF THE MULLIS PROJECT ECONOMIC DEVELOPMENT AREA WHEREAS, the Jeffersonville Redevelopment Commission ("Commission") did on May 28, 1997, adopt a declaratory resolution ("Declaratory Resolution") establishing the Mullis Project Economic Development Area as an economic development area under IC 36-7-14 and confirmed the Declaratory Resolution on July 30, 1997, after conducting a public hearing; and WHEREAS, IC 36-7-14-41(c) requires that the determination that a geographic area is an economic development area be approved by the Common Council of the City of Jeffersonville; and WHEREAS, the Common Council reviewed the Declaratory Resolution as confirmed, the Commission's Economic Development Plan approved by the Declaratory Resolution and the written order of the Jeffersonville Plan Commission regarding the Declaratory Resolution and the Plan; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Jeffersonville, Indiana, that: 1. The Common Council hereby finds and determines that it will be in the best interests of the City to establish an economic development area in the Mullis Project Economic Development Area as described in the Declaratory Resolution. 2. The establishment of an economic development area in the area known as the Mullis Project Economic Development Area as described in the Declaratory Resolution and in Exhibit A to the Declaratory Resolution is hereby approved. 3. This resolution shall be effective fi:om and after passage and approval by the Mayor. this PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Indiana, ~ dayofAugust, 1997, by a vote of~_ ayes and ~ nays. COMMON COUNCIL OF THE CITY OF JEFFERSO/XPVILLE, IIsJDI~ l'~t/~/v Thomas R.Galligan, 13restiding OO~cer ATTEST: , ,/~ C. Richard Spencer, Jr.#Clerk andYreasu~er Presented by me to the Mayor of the City of Jeffersonville this ~'"'~day of August, 1997 at o'clock. C. Ri:~tiard Spencer, Jr.~/]erk and Signed and approved by me, the May~ of/~e City of Jeff. ersonville on this ! ~ day of August, 1997 at ~clock. o~mas R~gan ,~~ City of Jeffersonville, Indiana RESOLUTION 6-97 DECLARATORY RESOLUTION OF THE JEFFERSONVILLE REDEVELOPMENT COMMISSION WHEREAS, the City of Jeffersonville ("City") Redevelopment Commission ("Commission") has investigated, studied and surveyed economic development areas within the corporate boundaries of the City; and, WHEREAS, the Commission has selected an economic development area to be developed under IC 36-7-14 and IC 36-7-23 (collectively the "Act"); and, WHEREAS, the Commission has prepared an economic development plan ("Plan") for the selected economic development area, which Plan is attached to and incorporated by reference in this resolution; and, WHEREAS, the Commission has caused to be prepared: 1. Maps and plats showing: the boundaries of the economic development area, the location of various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning or economic development of the area, indicating any parcels of property to be excluded from the acquisition; and the parts of the acquired areas that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the Plan; 2. Lists of the owners of the various pamels of property proposed to be acquired; and An estimate of the cost of acquisition, redevelopment and economic development, and WHEREAS, IC 36-7-14-39.3 authorizes the Commission to modify the definition of property taxes in IC 36-7-14-39(a) for the purposes of including taxes imposed under IC 6-1.1 on the depreciable personal property of a designated taxpayer and all other depreciable property located and taxable on the designated taxpayer's site of operations within the allocation provision included in a declaratory resolution; and WHEREAS, the Commission has caused to be prepared a factual report ("Report") in support of the findings contained in this resolution, which Report is attached to and incorporated by reference in this resolution; Resolution 6-97 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION THAT: The Commission has selected as an economic development area an area within its corporate boundaries, which area the Commission is hereby designating as the Mullis Project ("Project") Economic Development Area ("Economic Development Area"), and which Economic Development Area is described as Exhibit A. 2. The Commission finds that the Plan for the Economic Development Area: ao Promotes significant opportunities for the gainful employment of the citizens of the City; b. Attracts major new business enterprises to the City; Benefits the public health, safety, morals and welfare of the citizens of the City; do Increases the economic well-being of the City and the State of Indiana; and Serves to protect and increase property x;alues in the City and the State of Indiana. The Commission finds that the Plan cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed the Commission under IC 36-7-14 because of: a. The lack of local public road and sewer improvements; bo Existence of conditions that lower the value of the land below nearby land; and - 4: The lack of public facilities needed for potential industrial and commercial development to be realized. The Commission finds that the public health and welfare will be benefited by the accomplishment of the Plan for the Area. 5. The Commission finds that the accomplishment of the Plan will be of public utility and benefit as measured by: Resolution 6-97 Page 3 a. The attraction and retention of permanent jobs; b. An increase in the property tax base; c. Improved diversity of the economic base; d. Improved traffic circulation; and e. Upgrading of sanitary Sewer conditions. The plan for the Economic Development Area conforms to other development and redevelopment plans for the City. The Commission estimates that the cost of implementing the Plan will not exceed $1,000,000.00 The Commission finds that no residents of the Economic Development Area will be displaced by any project resulting from the Plan; and, therefore; the Commission finds that it does not need to give consideration to transitional and permanent provisions for adequate housing for the residents. If the Commission determines that it is necessary to displace any residents of the Economic Development Area, it will amend the Plan and this Resolution prior to any displacement and give consideration to transitional and permanent provisions for adequate housing for the residents. This paragraph shall be considered the allocation provision for the purposes oflC 36-7-14-39. The entire Economic Development Area shall constitute an allocation area as defined in IC 36-7-14-39. Any property taxes levied on or after the effective date of this resolution by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the allocation area shall be allocated and distributed in accordance with IC 36-7-14-39. The Commission hereby modifies the definition of property taxes in IC 36-7-14-39(a) for the purposes of including taxes imposed under IC 6-1.1 on the depreciable personal property of the designated taxpayer described below and all other depreciable property located on and taxable on the designated taxpayer's site of operations within the allocation provision included in a declaratory resolution. This allocation provision shall expire no later than 30 years after the effective date of this resolution. Resolution 6-97 Page 4 10. All of the rights, powers, privileges, and immunities that may be exercised by the Commission in a Redevelopment Area or Urban Renewal Area may be exercised by the Commission in the Economic Development Area, subject to the limitations oflC 36-7-14-43. 11. The presiding office of the Commission is hereby authorized and directed to submit this resolution, the Plan, and the Report to the Jeffersonville Plan Commission for its approval. 12. The Commission also directs the presiding officer, upon receipt of the written order of approval of the Jeffersonville Plan Commission which has been approved by the Common Council to publish notice of the adoption and substance of this resolution in accordance with IC 5-3-14 and to file notice with the Jeffersonville Plan Commission, the Board of Zoning Appeals, the Board of Public Works, the Park Board, the build'rog commissioner, and any other departments or agences of the City concerned with unit planning, zoning variances, land use or the issuance of building permits. The notice must state that maps and plats have been prepared and can be inspected at the office of the City's Department of Redevelopment and must establish a date when the Commission will receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed project and will determine the public utility and benefit of the proposed project. Copies of the notice must also be filed with the office authorized to fix budgets, tax rates and tax levies under IC 6-1.1-17-5 for each taxing unit that is either wholly or partly located within the proposed allocation area. 13. The Commission also directs the presiding officer to prepare or cause to be prepared a statement disclosing the impact of the allocation area, including the following: The estimated economic benefits and costs incurred by the allocation area, as measured by increased employment and anticipated growth of real property, personal property and inventory assessed values; and The anticipated impact on tax revenues of each taxing unit that is either wholly or partly located within the allocation area. A copy of this statement shall be forwarded to each such taxing unit with a copy of the notice required under Section 17 of the Act at least 10 days before the date of the hearing described in Section 14 of this Resolution. Resolution 6-97 Page 5 14. The Commission further directs the Presiding officer to submit this resolution to the Common Council for its approval of the establishment of the Mullis Project Economic Development Area. I5. Adopted this ~ day of ~tf~f This Resolution shall be effective as of its date of adoption. ,1997. JEFFERSO. NV~LE REDI~V]~LOPMENT Robert E. Ca~pb~Jr., P~ent Dale A. Yost, Vice President Q_~ P. Urban, Con, missioner A~ST: McCa~e~e Director C:XCo~IXOffi~Win~G~ECL ~S ~LIS PRO~CT.wpd Resolution 6-97 Page 6 EXHIBIT A Description of Mullis Project Economic Development Area ~ARRARTY DEED ~co~ THIS INDENTURE "IT.ES ETH. That BRO.N-FO N CORPORATION, a Tennessee Corporation, admitted to do business in the State of Indiana, formerly known as 3ACK D~[EL DISTILLERY, LEM MOTL0~, PROP., Inc., pursuant ~o authority of i:s Board ,.*E Directors, CONVEYS AND WAR--TS =o STATE OF INDIANA, for and $n consideration of ~he sum of Seven Hundre,' Twenty-Nine Thousand One Hundred Four and 00/100 Dollar~ ($"~9,104.00), ~he receipt whereof is hereby acknowledged, ~he following described real estate in the ~oun=y of Clark, '~ the S~a~e of Indiana, to-wi~: Being Par~ of Grant Nos [4 and 15 of =he Illinois Gran~, U~$ca To.ship, Clark County, In,~ana, more described as follows: Beginning at ,:he referenced stone common to Grants No. 7, 14 and 15, said stone being the true point of beginning; thence 1..ith the l~e dividing said Grants No. 14 and 15, N. 35037'36'' W, 977.51' to a monument; thence leavtn~ said dividing line on a line bearing S 54°19¥37'' W, 325.95' to a munument; thence S 35"37'36" E, 622.77' to a monument; thence S 53"38'12" W, 749.92' to a mo,,ttment, thence S 35015'39'' E, 358.7~ to a steel pin found in the line dividing <.~ Gr~,:~J No. 7 and 14;thence with saiddivtdin~ line, S 54"51'09" W, 3.38' to - referenced mo,. ment at the corner common to Grants No. 6, 7 & 14; thence with the line dividing said Grants No. 6 and 14, $ 54°18'00'' W, passing a stone at 133.66' passing a monument at 239.14', and a total.of 626./.~' to a st,,,31 pin; thence leaving said ' [viding line on a ~ne b. ,tin§, N 3~°07'57'' W, 15Z9.35' to a steel pin; th, ucc S 54"49'46" W. 268.01' to a steel pin; thence S 35°22'36'' E, 150.00' to a s:-el pin; thence S 54~49'46'' W, 200.00' to a s~uel pin; thence N 3~°22'36'' W, 250.00' to a steel pin; thence N. 54°49'46'' E, 468.43' to a steel pin; thence N 35°07'57'' W, 766.14' to a steel pin; thence N 54036'37'' E, · passing a stone at 379.54' and a total of 1687.33' to a stone found in'the lin~ dividing said Grants No. 14 and 15; thence N 54°38'51'' E, passing.a monument at lg54.64' and a total of 1871.20 to a point in the centerline of the Utioa-Sellersbur§ Road; thence with said center- line S 34052'30'' E. passing a rail spike at the centerline intersection of Utica-SellershurE Road and Brown-Forman Road at 990.45' and a total of ~ . 2368.58' to an iron pipe found at the inter- section of said centerline extended and the line dividing Grants No 7 and 15i thence leavin~ said extended line with said dividing line S 54 29'09" W, 1840.10' to a point, THE TRUE POINT OF BEGINNING, Containing 182.276 acres more or less. Excepting the right-of-way of Brown-Forman Road and Utica-Sellersburg Road, being more particu- larly described as follows~ Page,1 of 3 Pages. Beginning at the referenced stone common to Grants No. 7, 14, and 15; thence with the line dividing said Grants No. 7 and 15; N 54°29'09'' E, 1113.55' to the point of intersection of said grant line and the northerly and westerly right-of-way of Brown-Forman Road; said inter- section being the true point of beginning; thence leaving said grant line with said right-of-way N 34°57'30'' W. 50.00' to a poir~t; thence N 54029'09'' E ~96.54' to . point; thence N ~^°52'30" W, :318.33' t ~,uint; rhone N '7'30" E, 13.44' to .',tnt; thence N ',2'30" W, 990.45' t, ,onument; th~ e N "51" E. 16.56' to ,onumen in th~ '.nter- of Utioa-Sellersb Road; thence ch said c erline S 34"52'30" , passing a railspike at t,.. oenterline intersection of Utica-Sellersburg Road and Brown-Forman Road at 990.45' and a total of 2368.58' to an iron pipe found at the inter- section of said centerline extended and the line dividing Grants No 7 and 15; thence leavin§ said extended line with said dividing line S 54 29'09" W, 726.55' to a poi.,lt, the true point of !'cginning, containing 2.282 acres more or less. The above described tracts being subject to all pertaining flowages, easements, restrictions and roadways. The grantor herein shall pay the 1985 real estate taxes due and payable in 1986 and the 1986 real estate taxes up to and including July 23, 1986. due and payable in 1987. The grantor herein states under oath that said estate is being sold under immediate threat of e~,~uent d, ~tn, and tb,t pursuant to Indiana Code 6-2.1-3-15, amounts received from said sa] ~re exempt from Indiana Gross Income Tax to the extent used within two (2) years after receipt to obtain property of a similar kind. IN WIINESS WHEREOF, the BROWN-FORMAN CORPORATION, pursuant to autority of the Board of Directors, has executed this Warranty Deed, this~.~)day of July, 1986. BROWN-FORMAN CORPORATION STATE OF INDI~/~A ) ) SS: COUNTY OF CLARK ) Before me. a. Notary Public withi~ and for said County and State, this ~day of July, 1986, personally appeared BROWN- Page 2 of 3 Pages. '~j'.:~:~PT,~OVED AS TO ~o~ ~ND ~EGAnlT¥: ~'"{;~is ~ day of ~ . ' Attorney Gert 1, RECEIVED FOR FILING: Auditor of Indiana FOEMAN CORPORATION, by Vl~O~ ~_~&~l~ , its V~¢4~. ~W&'~T , and for and on behalf of said corporation, acknowledged the execution of the foregoinE Warrant~ Deed. WITNESS my hand and notarial seal. ~U/ ,.~.-:.:.'"'~.~.Co~,,~o, ~,: ~~ ~' ~~, Notary Public ~es~d~ b~lark ~oun~y, IndEana ACCEPTED AND APPROVED: Robert D. Orr Governor of Indiana This instrument prepared by Robert K. Robisch, Attorney at Law. Pa§e 3 of 3 Pa§es.