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HomeMy WebLinkAboutCRC-22-2006RESOLUTION NO. 22-2006 RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMA'IISSION DECLARING AN AREA IN TILE CITY OF CARMEL AS AN ECONOMIC DEVELOPMENT AREA AND APPROVING AN ECONOMIC DEVELOPMENT PLAN FOR SAID AREA WHEREAS, the City of Carmel Redevelopment Commission (the "Commission"), governing body of the City of Carmel Department of Redevelopment (the "Department"), pursuant to Indiana Code 36-7-14, as amended (the "Act"), has thoroughly studied that area of the City of Carmel, Indiana (the "City"), as described on Exhibit A attached hereto and designated as the. "WestClay Economic Development. Area" (the "Economic Development Area"); and WHEREAS, the existing -public -infrastructure is inadequate to service anticipated demand in or near the Economic Development Area; and WHEREAS, there has been presented to this meeting for consideration and. approval of the Commission an economic development plan (the "Plan") for the Economic Development Area and entitled "WestClay Economic Development Plan": and WHEREAS, the Commission has caused to be prepared 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 replatting, replanning, rezoning, or redevelopment of the Economic Development Area, and the parts of the Economic Development Area that are to be devoted to public ways, sewerage and other public.purposes under the Plan; and WHEREAS, the Commission has caused. to be prepared estimates of the costs of the development projects as set forth in the Plan; and WHEREAS, the Plan and supporting data was reviewed and considered at this meeting; and WHEREAS, Section 39 of the Act has been created and amended to permit the creation 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, Sections 41 and 43 of the Acthave been created to permit the creation of "economic development areas" and to 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 maybe exercised in an economic development area, subject to the conditions set forth in the Act; and WHEREAS, the Commission deems it advisable to apply the provisions of said Sections 39, 41, and 43 oftheAct to the Plan and financing of the Plan. NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment Commission, governing body of the City of Carmel Department of Redevelopment, as follows: The Plan for the Economic Development Area promotes significant opportunities for the gainful employment of its citizens, attracts major new business enterprises to the City, may result in the retention or expansion of significant business enterprises, existing in the boundaries of the City, and meets 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 Plan for the Economic Development 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 local 2 public improvements, including without limitation the cost of the projects contemplated by the Plan. 3'. The public health and welfare will be benefited by accomplishment of the Plan for the Economic Development Area. 4. The accomplishment of the Plan for the. Economic Development 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. 5. The Plan for the Economic Development Area conforms to other development and redevelopment plans for the City. 6. In support of the findings and determinations set forth in Sections 1 through 5 above, the Commission hereby adopts the specific findings set forth in the Plan. 7. While the Plan contemplates the possibility of property acquisition as a part of the economic development strategy, the Department does not at this time propose to acquire any specific parcel of land or interests in land within the boundaries of the Economic Development Area. At the time the Department proposes to acquire specific parcels of land, the required procedures for amending the Plan under the Act will be followed,. including notice by publication and to affected property owners and a public hearing. 8. The Commission finds that no residents of the Economic Development Area will be displaced by any project resulting from the Plan, and therefore finds that it 3 does not need to give,consideiā€¢ati_on'to. transitional and permanent provisions for adequate housing,for the residents. 9. The Plan is hereby in all respects approved, and the, secretary of the Commission is hereby directed'to file a certified:copy of the Plan with the:minutes' of this meeting: The Econotnfc=Developrent Area. is liereby designated as an "economic ddveloptrient area" under-Section 41 of the°Aet. 10. The entire, Economic Development Area is hereby designated as the "WestClay Allocation Area" pursuant to. Section 39 of the Act for. purposes of the allocation and distribution of property taxes, for the, purposes, and in the manner provided by said.Section. Any,real property taxes subsequently-levied by"oi for. the benefit of any public body entitled, to a, distribution of property -taxes on taxable property in said allocation .areashall be allocated and distributed as=-follows.' Except as otherwise- provided in said Section 39, the proceeds of taxes attributable to the lesser of the assesssed'dalue:of the property for the,.assessmcnt date with=respect to whieh'the allocation, and. distribution is!made,, or^the base assessed'value,,shall be allocated to and';when collected paid into the#unds of the respective taxing units: Except as otlcrwise,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 the "WestClay Allocation Area Allocation Fund" for said allocation area that maybe used by.the redeveloptnenh.districVto do one or.m6re of the things, specified in `Section 39(b)(2) of-theAct, as the same may be'amended.from tune to trme.. Said allocation fund may not be used for operating expenses; of the Commission. Except as; otherwise, provided in the Act, before 3uly 15 of each year, the Commission shall'take the actions set forth in Section 39(b)(3)-of the Act.. Fl. The -foregoing allocation provision 5et'forth,in Section 10 shall expire on the date thatistthirty (30) years,a$er the effective date of this resolution. 12. The officers of the Commission are hereby directed to'=make any and all required filings with the Indiana. Department of Local Government Finance and the Hamilton County Auditor in eohnectio'n'withAbb creation of the allocation area. 4 13, The provisions of this Resolution-shall-be.subject in all respects to the Act and,any amendments thereto. 14. This Resoludbn; together with any°supportmg data and together-with,the. Plan, shall be submitted. to the Carmel. Plan Commissions (the "Plan Commission") and the.,Cotiimon Council of-the. City of Carmel (the "Common Council") as:pfovided in the= Act,: and ;if appfoved -by the Plan Commiskbn and the Common Council shall be submitted to a public hearing and remonstrance as provided' by the Act, after. public notice as. requircd'by?theAct.. Adopted the 22nd' day of December, 2006. r. Secretary Membet' Member 5 CITY OF CARMEL REDEVELOPMENT COMMISSION EXHIBIT A Deseription ofrthe Westday Economic DevelonritenOArea.and WestClay Allocation Area The WestClay-Economic? Development Area and WestClay Allocation Area is described as follows:. Beginning at"the point,of intersection of the west right 'of way line of Towne Road..and,the south right.of way line of 131st Street then proceeding westward along the south right of way line of 131x' Street to the point of intersection with the,western boundary o#`parcei 1.7-09-29-00-00-012.001;. then'proceeding'soutnward alongthe western boundary "of; arcel:17-09-29-00-00-0:12.001, todher po ntof inter"section with the southern boundary of, inai pafceF then proceeding; eastward along toe south property,iine of parcel 17-09-29-00-00-012.001` to the. point of intersection with the western boundary.of parcel 17-09-29-00-14-010:000, then,proceedirg eastward and southward along the south property line of,parcel 17-09-29-00-14-- O10.000 to the southwest,corner of that-parcel,. then turning eastward,,along the south property line of.parcel 17-09-29-00-14-010.000 to the point of intersection,witn the, west right;of way line of Towne Road, then turning norhward:to the point of beginning, the. aforementioneddegat-description to contain two parcels, according to the,Hamilton'County Auditor's website:.17-09-29-00-00-012.06f and 17-09;29=00-14-010.000. INDS01 SDI 9060590 6