HomeMy WebLinkAboutResolution 2020-06 (South Pennsylvania Declaratory Resolution)RESOLUTION NO.2020-06
RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION
AMENDING THE DECLARATORY RESOLUTION AND THE DEVELOPMENT PLAN
FOR THE 126th STREET CORRIDOR ECONOMIC DEVELOPMENT AREA
WHEREAS, the City of Carmel Redevelopment Commission (the "Commission")
pursuant to IC 36-7-14 (the "Act") serves as the governing body of the City of Carmel
Redevelopment District (the "District"); and
WHEREAS, the Commission has previously adopted and confirmed resolutions
(collectively, the "Declaratory Resolution") which established and amended an economic
development area known as the "Integrated 126`h Street Corridor Economic Development Area"
(the "Economic Development Area") and approved a development plan for the Economic
Development Area (the "Plan") pursuant to the Act; and
WHEREAS, the Commission now desires to amend the Declaratory Resolution and Plan
to (i) add the area described on Exhibit A attached hereto (the "2020 Expansion Area") as part of
the Economic Development Area, (ii) designate the entirety of the 2020 Expansion Area as a
new allocation area pursuant to Section 39 of the Act to be known as the South Pennsylvania
Allocation Area (the "South Pennsylvania Allocation Area"), and (iii) adopt a supplement to the
Plan attached hereto as Exhibit B (the "2020 Plan Supplement") (clauses (i) through and
including (iii), collectively, the "2020 Amendments"); and
WHEREAS, the Commission hereby finds that normal development and occupancy in
the 2020 Expansion Area are undesirable or impossible because of lack of development,
cessation of growth, deteriorating improvements, age, and substandard buildings, which
conditions cannot be corrected by regulatory processes or the ordinary operations of private
enterprise without resort to the Act, the public health and welfare will be benefited by the
acquisition and/or redevelopment of the 2020 Expansion Area under the Act and the 2020
Amendments will result in new taxes in the 2020 Expansion Area that would not have been
generated but for the adoption of the 2020 Amendments; and
WHEREAS, the Commission has caused to be prepared maps and plats showing the
boundaries of the 2020 Expansion Area, the location of various parcels of property, streets,
alleys, and other features affecting the acquisition, clearance, remediation, replatting, replanning,
rezoning, or redevelopment of the 2020 Expansion Area, the parts of the 2020 Expansion Area to
be devoted to public ways, levees, sewerage, and other public purposes under the Plan as
amended herein, and lists of the owners of any parcels proposed to be acquired, together with an
estimate of the cost of acquisition and redevelopment; and
WHEREAS, the 2020 Amendments and supporting data were reviewed and considered at
this meeting; and
WHEREAS, Sections 41 and 43 of the Act permit the creation of "economic
development areas" and provide that all of the rights, powers, privileges and immunities that may
be exercised by this Commission in a redevelopment area or urban renewal area may be
exercised in an economic development area, subject to the conditions set forth in the Act; and
WHEREAS, Section 39 of the Act has been created and amended to permit the creation
and expansion of "allocation areas" to provide for the allocation and distribution of property
taxes for the purposes and in the manner provided in said Section; and
WHEREAS, this Commission deems it advisable to apply the provisions of said Sections
39, 41 and 43 of the Act to the 2020 Amendments; and
WHEREAS, the Commission now desires to approve the 2020 Amendments.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission, governing body of the City of Carmel Redevelopment District, as follows:
1. The 2020 Amendments promote significant opportunities for the gainful
employment of its citizens, attraction of major new business enterprises to the City of Carmel,
Indiana (the "City"), retention and expansion of significant business enterprises existing in the
boundaries of the City, and meet other purposes of Sections 2.5, 41 and 43 of the Act, including
without limitation benefiting public health, safety and welfare, increasing the economic well-
being of the City and the State of Indiana (the "State"), and serving to protect and increase
property values in the City and the State.
2. The 2020 Plan Supplement for the 2020 Expansion Area cannot be achieved by
regulatory processes or by the ordinary operation of private enterprise without resort to the
powers allowed under Sections 2.5, 41 and 43 of the Act because of lack of development,
cessation of growth, deteriorating improvements and age.
The public health and welfare will be benefited by the 2020 Amendments.
4. It will be of public utility and benefit to amend the Declaratory Resolution and the
Plan for the Economic Development Area, as expanded by the 2020 Expansion Area, as provided
in the 2020 Amendments and to continue to develop the Economic Development Area, as
expanded by the 2020 Expansion Area, under the Act.
5. The accomplishment of the 2020 Plan Supplement for the 2020 Expansion Area
will be a public utility and benefit as measured by the attraction or retention of permanent jobs,
an increase in the property tax base, improved diversity of the economic base and other similar
public benefits.
6. The Declaratory Resolution and the Plan, as amended by this Resolution and the
2020 Plan Supplement, conform to the comprehensive plan of development for the City.
7. The 2020 Amendments are reasonable and appropriate when considered in
relation to the Declaratory Resolution and Plan and the purposes of the Act.
8. The findings and determinations set forth in the Declaratory Resolution and the
Plan are hereby reaffirmed.
9. In support of the findings and determinations set forth in Sections 1 through 7
above, the Commission hereby adopts the specific findings set forth in the 2020 Plan
Supplement.
10. The Commission does not at this time propose to acquire any specific parcels of
land or interests in land within the boundaries of the 2020 Expansion Area. If at any time the
Commission proposes to acquire specific parcels of land, the required procedures for amending
the Plan, as amended by the 2020 Plan Supplement, under the Act will be followed, including
notice by publication to affected property owners and a public hearing.
11. The Commission finds that no residents of the Economic Development Area, as
amended by the 2020 Expansion Area, will be displaced by any project resulting from the 2020
Plan Supplement, and therefore fmds that it does not need to give consideration to transitional
and permanent provision for adequate housing for the residents.
12. The 2020 Expansion Area is hereby added to the Economic Development Area
and is designated as an "economic development area" under the Act.
13. The 2020 Amendments are hereby in all respects approved.
14. The entirety of the 2020 Expansion Area is hereby designated as an "allocation
area" pursuant to Section 39 of the Act, to be known as the "South Pennsylvania Allocation
Area", for purposes of the allocation and distribution of property taxes for the purposes and in
the manner provided by said Section. Any taxes imposed under I.C. 6-1.1 on real property
subsequently levied by or for the benefit of any public body entitled to a distribution of property
taxes on taxable property in said allocation area shall be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes
attributable to the lesser of the assessed value of the property for the assessment
date with respect to which the allocation and distribution is made, or the base
assessed value, shall be allocated to and when collected paid into the funds of the
respective taxing units. Except as otherwise provided in said Section 39, property
tax proceeds in excess of those described in the previous sentence shall be
allocated to the redevelopment district and when collected paid into an allocation
fund for the South Pennsylvania Allocation Area hereby designated as the "South
Pennsylvania Allocation Fund" and may be used by the redevelopment district to
do one or more of the things specified in Section 39(b)(3) of the Act, as the same
may be amended from time to time. Said allocation fund may not be used for
operating expenses of the Commission. Except as otherwise provided in the Act,
before June 15 of each year, the Commission shall take the actions set forth in
Section 39(b)(4) of the Act.
15. The foregoing allocation provision shall apply to the South Pennsylvania
Allocation Area. The Commission hereby finds that the adoption of this allocation provision
will result in new property taxes in the South Pennsylvania Allocation Area that would not have
been generated but for the adoption of the allocation provision, as specifically evidenced by the
findings set forth in Exhibit B. The base assessment date for the South Pennsylvania Allocation
Area is January 1, 2020.
16. The provisions of this Resolution shall be subject in all respects to the Act and
any amendments thereto, and the allocation provisions herein relating to the South Pennsylvania
Allocation Area shall expire on the date that is twenty-five (25) years after the date on which the
first obligation is incurred to pay principal and interest on bonds or lease rentals on leases
payable from tax increment revenues derived from the South Pennsylvania Allocation Area.
17. This Resolution, together with any supporting data, shall be submitted to the City
of Carmel Plan Commission (the "Plan Commission") and the Common Council of the City (the
"Council") as provided in the Act, and if approved by the Plan Commission and the Council,
shall be submitted to a public hearing and remonstrance as provided by the Act, after public
notice as required by the Act.
18. The officers of the Commission are hereby authorized to make all filings
necessary or desirable to carry out the purposes and intent of this Resolution.
19. The provisions of this Resolution shall be subject in all respects to the Act and
any amendments thereto.
Adopted the 19'h day of February, 2020.
CITY OF CARMEL REDEVELOPMENT
Vice President
Secretary
F.XATRTT A
Description of the 2020 Expansion Area and the South Pennsylvania Allocation Area
The 2020 Expansion Area, as shown on the attached map, consists of the following
parcels, together with any and all public rights of way that physically connect any of the
described parcels to each other and the existing Economic Development Area; the 2020
Expansion Area shall be added to the Economic Development Area and shall be designated as an
allocation area to be known as the South Pennsylvania Allocation Area.
PARCEL ID NUMBERS:
16-13-11-00-00-015.000
16-13-11-00-00-016.000
South Pennsylvania allocation area
Februay 5, 2020 11,920
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EXHIBIT B
2020 Plan Supplement
The Plan is hereby supplemented by adding the following project to the Plan.
All or any portion of the design and construction of infrastructure improvements,
including but not limited to roadwork, utility relocations and/or streetscape development, and
storm water improvements in an estimated amount not less than $50,000, in or directly serving
and benefiting the South Pennsylvania Allocation Area. The Commission anticipates capturing
tax increment revenues from the South Pennsylvania Allocation Area and applying such tax
increment revenues either directly or through bonding, to pay for the projects The projects
support a hotel development project located in the South Pennsylvania Allocation Area.
Based on the representations by the developer of the project, the Commission has
determined that the development of the South Pennsylvania Allocation Area will not proceed as
planned without the contribution of tax increment revenues to be derived from the South
Pennsylvania Allocation Area to the projects described above.
DMS 16566697.1