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HomeMy Public PortalAbout024-1994 - SPECIAL ORDINANCE APPROVING A DECLARATORY RESOLUTIONORDINANCE NO. 24-1994 A SPECIAL ORDINANCE APPROVING A DECLARATORY RESOLUTION AND ECONOMIC DEVELOPMENT PLAN ADOPTED BY THE RICHMOND REDEVELOPMENT COMMISSION AND APPROVING AN ORDER OF THE RICHMOND ADVISORY PLAN COMMISSION WHEREAS, the Richmond Redevelopment Commission on March 14, 1994, initially approved an Economic Development Plan ("Plan") for the OHIOANA Development Area ("Area") in Richmond, Indiana ("City") and adopted a declaratory resolution initially approving the Area as an economic development area and subject to economic development activities pursuant tc lC 36-7-14 and IC 36-7-25 ("Act"); and, WHEREAS, the Richmond Advisory Plan Commission ("Plan Commission"), on March 15, 1994, approved the Plan and Declaratory Resolution; and, WHEREAS, the Act requires approval of the Declaratory Resolution and the Plan and the action of the Plan Commission by the Common Council of the City; NOW, THEREFORE, BE IT ORDAINED by the Common Council of Richmond, Indiana, as follows: 1 . That the Plan for the Area is in all respects approved, ratified and confirmed by the Common Council. 2. That the action of the Plan Commission on March 15, 1994, approving the Plan and the Declaratory Resolution is in all respects approved., ratified and confirmed by the Common Council. 3. That the Clerk is hereby directed to file a copy of the Declaratory Resolution, the Plan and the approving Order of the Plan Commission with the permanent minutes of this meeting. 4. This Ordinance shall be effective from and after passage and approval by the Mayor. �� Passed and adopted this day of 1994, by th om Council of the City of Richmond, Indiana. President (L Parker) Attest. 4� ,City Clerk (Norma Carnes) Presented to the Mayor of Richmond, Indiana, this day of 1994, at 9:00 a.m. City Clerk (Norma Carnes) _,l roved by me, Roger Cornett, Mayor of the City of RichQge na, this 15~day of - tL 1994,at9:05a.m.Mayor rnett) Attest. , City Clerk (Norma Carnes) RESOLUTION NO. 2-1994 DECLARATORY RESOLUTION OF THE RICHMOND REDEVELOPMENT COMMISSION WHEREAS, the City of Richmond ("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- 1C 36r7-14 and IC 36-7-25 (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 WIIEREAS, the Commission has caused to be prepared: (1) A neap showin�UT: (A) ale boundaries of the economic development area indicating any p,u-cels of property to be excluded from the acquisition; and (B) the parts of the acquired areas that are to be devoted to public ways anti other public purposes under the Plan; (2) Lists of the owners of the various parcels of property proposed to be aalrEired; and (?) An estimate of the cost of acquisition, redevelopment and economic development; and WI-IEREAS, the Commission has caused to be prepared a factual report ("Report") in supl}ort of the findin"S contained in this resolution, which Report is attached to and incorporated by reference in this resolution: NNO«' THEREFORE, be it resolved by the Commission that: 1 . The Commission has selected as an economic development area an area within its corporate boundaries, which area the Commission is hereby designating as the OHIOANA Economic Development Area ("OHIOANA Area"). and which 01-II0ANA Area is described in Exhibit A. The Commission finds the Plan for the OHIOANA Arca: a. Promotes si4Oniticant opportunities for the gainful employment of tliL citizens of the Citv; b. Retains or expands hotel, motel, restaurant, entertainment and retail enterprises existing in the City; c. Benefits the public health. safety, morals and welfire of the citizens of the Ci[y: d. Increases the economic well-being of the City and the State of Indiana; and e. Serves to protect and increase property values in the City and the State of Indiana. 3. The Commission finds that the Plan cannot be achieved by regulatory processes or by [he ordinary operation of private enterprise without resort to the powers allowed the ColTlmission under IC 36-7-14 because of: a. The lack of local public improvements to attract and sustain convention business. 4. The Commission finds that the accomplishment of the Plan will be of public utility and benefit as measured by: The attraction and retention of permanent jobs; b. An increase in the property tax base; C. Improved diversity of the economic base through tourism and convention activity; and d. Other similar benefits, specifically the retention and expansion of hotel, motel, restaurant, entertainment and retail enterprises. 5. The Commission proposes to acquire interests in real property within the boundaries of the OHIOANA Area as shown in the Plan. 6. The Commission estimates that the cost of implementing the Plan will not exceed $4,700,000. 7. The Commission Finds that no residents of the OHIOANA Area will be displaced by any project resulting from the Plan; and , therefore, the Commission finds that it does not need to ,,ive consideration to transitional and permanent provisions for adequate housina for the residents. 8. 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 OHIOANA Area, subject to the limitations in IC 36-7-14-43. 9. The presiding officer of the Commission is hereby authorized and directed to submit [his resolution, the Plan, and the Report to the Richmond Advisory Plan Commission for its approval. 10. The Commission also directs the presiding officer, upon receipt of the written order of approval of the Richmond Advisory Plan Commission and the approval of the Plan Commission's order by the Common Council, to publish notice of the adoption and substance of this resolution in accordance with IC 5-3-1-4 and to File notice with the Richmond Advisory Plan Commission, the Board of Zoning Appeals, the Board of Public Works. the Park Board. the buildiM! commissioner and any other departments or a4gencies of the City concerned with City planning, zoning variances, land use or the issuance of' buildinLl Pc[-[mits. The notice must state that a map has been prepared and can he inspected a[ the office of the Citv'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 ut'lity and benefit of the proposed project. 1 l . The Commission further directs the presiding officer to submit this resolution to the Common Council for its approval of the establishment of the OHIOANA Area. 12. This Resolution shall be effective as of its date of adoption. Adopted March 14, 1994, by a vote of Ayes and b Nays. RICHMOND REDEVELOPMENT COMMISSION By-- President (G. Ray Crim) 7i 2 By ecretary {Robert B. Goodman) EXHIBIT A Description of OHIOANA Economic Development Area A part of the Southwest Quarter of Section :36, Township 14 1,To th, Range 1 West, in the City of Richmond, Indiana, and being more particularly described as follows: Commencing at the southeast corner of the aforementioned Southwest Quarter Section, running thence north on and along the -east line thereof, a distance of 152.46 feet to a point on the centerl ne of Wayne County Pike (Old National Road); thence north 73 degrFses, 59 minutes and 00 seconds west upon and along the centerline o.*. said road a distance of 788.27 feet; thence north 26 degrees, 31 minutes and 00 seconds west a distance of 225.10 feet to the point of beginning of the real estate described herein: and running thence,from said beginning point, continuing north 26 degree!,;, 37 minutes and 00 seconds west, along the.same line, 388.64 £eft to an iron pipe found; thence north 1 degrees, 06 minutes and 00 seconds west, 479.16 feet to an iron pipe set in the south right-of- way line of United States Highway Number 40; thence south 81 degrees, 26 minutes and 10 seconds west, along the chord of a curve to the left on said south right-of-way line, 418.35 feet to an iron pipe set; thence south 19 degrees, 40 minutes and 00 seconds east, 203.32 feet to an iron pipe set;thence south 14 degrees, 07 minutes and 59 seconds east, 148.98 feet to an iron pipe set; thence south 11 degrees, 46 minutes and 20 seconds east, 65.64 feet to an iron pipe set; thence -south 1 degrees, 42 minutes and 40 seconds east, 223.72 feet to an iron pipe set; thence south 73 degrees, 59 minutes and 00 seconds east, 78.77 feet to. an iron pipe set; thence south2 degrees, 49 minutes and 00 seconds east, 5.44 feet to an iron pipe set; thence south 73 degrees, 59 minutes and 00 seconds east, 412.21 feet to the place of beginning,.containing 6.000 acres. Excepting therefrom the following described tract: Commencing at the southeast corner of the southwest quarter of said Section 36; thence North 00" 00, 00" east (assumed bear- ing) 152.46 feet on the east line of said quarter to an iron rod in the centerline of the Old National Road (also called Wayne County Pike); thence north 730 59, 00" west M. 05 feet (deed) and 788.02 feet - (calc . meas.) on the centerline of said Old National Road to a railroad spike; thence north 260 58, 09" west (deed) and north 27" 00' 06" west 47.87 feet (calc.', meas.) to an iron pin with cap in the north right-of-way of; said Old National Road; thence continuing north 26°j 58, 0911', west (deed) and north 27' 00, 06" west 178.02 feet (calc. meas.) to an iron pin with cap; said iron pin being the point'; of beginning of this description and the southeast corner of-' D.R. #453-551 as recorded in the office of the Recorder of:, Wayne County, Indiana; thence north 730 59, 00" west 172.10' feet on the southerly line of said D.R. #453-551 to an iron'. pin with cap; thence leaving said southerly line north 01° 48' 49 " west 295.66 feet to an iron pipe; thence south 26* 58, 09 " east (deed) and south 270 00' 06" east 384.96 feet (calc.' meas.), more or less, said point being the point of beginningl of this description, containina 0.556 acre, more or lPFs. FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED IN RESOLUTION NO. 2-1994 OF THE RICHMOND REDEVELOPMENT COMMISSION 1 . The Plan for the OHIOANA Area will increase opportunities for gainful employment of citizens of the City of Richmond .and Wayne County, Indiana. 2 . Time Plan will retain or expand hotel, motel, restaurant, entertainment and retail business enterprise in the City because of increased tourism and convention activity. ,�. The plannklu, and development of the OHIOANA Area will benefit the public.: health, safety, morals and welfare; increase the economic well-being of the City and the State of Indiana; and serve to protect and increase property values in the City and the State of Indiana due to the private investment plan~ announced by DFR Limited Liability Company in acgttiring the present Quality Inn and converting it into a Holiday Inn Holidome facility and the private investment indicated by other hotels and motels. 4. Tile Plan for the OHIOANA Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to IC 36-7-14 because of the lack o , loca] public improyenments to attract and sustain convention business. 5. The accomplishment of the Plan for the OHIOANA Area will be of public utility and benefit as measured by the creation of 83 full time jobs, an increase of $1,144,790 in waL,es, salaries and proprietary incomeand an increase of $82,372 in local tax revenues as a result of a 7.7 percent increase in toui•isrmm dollars spent in the local economy. h. The Commission estimates that it will need to issue bonds or enter into a lease fMancing of approximately $4,700.000 to implement the Plan. Operating, revenue Less: Operating expense Net manan-Tement fee Gross profit Less: Estimated debt service Deficit to be funded from ether sources EXHIBIT A ESTIMATE OF REVENUE NEEDS $400,000 $600,000 $ 800,000 $1,000,000 400,000 540,000 680,000 800,000 O 20,000 50.000 90,000 $ 0 $ 40,000 $ 70,000 $ I10,000 300.000 300,000 300.000 300.000 $ 300.000 $260,000 $230,000 $ 190,000 ECONOMIC DEVELOPMENT PLAN FOR THE OHIOANA AREA RICHMOND REDEVELOPMENT COMMISSION Purpose and Introduction. This document is the Economic Development Plan ("Plan") for the OHIOANA Economic Development Area ("OHIOANA Area") for the City of Richmond, Indiana ("City"). It is intended for approval by the Common Council, the Richmond Advisory Plan Commission and the Richmond Redevelopment Commission ("Redevelopment Commission") in conformance with IC 36-7-14. Proiect Obiectives. The purposes of tile Plan are to benefit the public health, safety, morals, and welfare of the citizens of the City; increase the economic well-being of the City and the State of Indiana; and serve to protect and increase property values in the City and the State of Indiana. The Plan is designed to promote significant opportunities for the gainful employment of citizens of the City, retain or expand existing significant business enterprises in the City, provide for local public improvements in the OHIOANA Area, attract and retain permanent jobs, increase the property tax base, and improve the diversity of the economic base of the City. The factual report attached to this Plan contains the supporting data for the ahove declared pt►rposes of the Plan. Description of Project Area. Tile OHIOANA Area is located in the City and is described as that area contained in tilt map attached to this Plan consisting of 2.490 acres bounded on the north by the Quality Intl, on the east by Lowe's and bounded on the south and west by Lon(,er's Mobile Acres. Protect Description. The economic development of the OHIOANA Area will be one phase involving the acquisition of 2.49 acres, the design and construction of a convention center facility suitable for meetin IS of up to 1,000 persons, and the installation of equipment and furnishirl4cys to accorllodate the purpose. Acquisition of Property. In order to accomplish the Project, the Redevelopment Commission will acquire, without the use of eminent domain, a fee simple interest in the real estate heretofore described with easements for access thereto from U.S. 40 and Industrial Parkway. The Redevelopment Commission shall follow procedures in IC 6-7-14-19 ill the aWquisitloll of property. � ' •� � ;j J• .y i. J � } i 9 � ra � 7 r'a d ia� � j . • a it l 1 , , I } 1 1 1 I 1 l 1 l , , , , 1 , I I , 1 , I 1 1 1 I 1 1 1 I I r 1 , , I , I , 1 1 , 1 , I 2.490 acres 1 1 1 1 1 , 1� 1 1 1 1 I r 1 I I I i , 1 r I I r U. S. Highway__44----- Procedures with respect to the Project. In accomplishing the Project, the Redevelopment Commission may proceed with the Project before the acquisition of all interests in land in the OHIOANA Area. All contracts for material or labor in the accomplishment of the Project shall be let under IC 3G-1. In the planning and rezoning of real property acquired or to be used in the accomplishment of the Plan; the opening, closing, relocation and improvement Of public ways; and the construction, relocation, and improvement of sewers and utility services; the Redevelopment Commission shall proceed in the same manner as private owners of the property. The Redevelopment Commission may negotiate with the proper officers and iw,encies of the City to secure the proper orders, approvals, and consents. Any construction wort: required in connection with the Project may be carried out by the appropriate municipal or county department or agency. The Redevelopment Commission may carry out the construction work if all plans, specifications, and drawings are approved by the appropriate department or agency and the statutory procedures for the letting of the contracts by the appropriate department or agency are followed by the Redevelopment Commission. The Redevelopment Commission may pay any charges or assessments made on account of orders, approval, consents, and construction work with respect to the Project or may a�_ree to pay these assessments in installments as provided by statute in the case of private owners. None of the real property acquired for the Project may be set aside and dedicated for public ways, parking facilities, sewers, levees, parks, or other public purposes until the Redevelopment Commission has obtained the consents and approval of the department or aUenc.v under whose jurisdiction the property will be placed. Financing, of the Project. It is the intention of the Redevelopment Commission to issue bonds payable from revenues and incremental ad valorem property taxes allocated under IC 36-7-14- 39 in order to raise: money for property acquisition and completion of the Project in the 01-110ANA Area. The ailloilrlt of these bonds may not exceed the total, as estimated by the Redevelopment Commission of all expenses reasonably incurred in connection with the Protect, IncllECllnv1: (1) The total cost of all land, rights -of -way, and other property to be acquired and developed; (2) All reasonable and necessary architectural, engineering, legal, financing„ aCLOLlntnl'�, advertisinZ7, bond discount and supervisory expenses related to the acquisition and development of the Project or the issuance of bonds; and (}) Interest (not to exceed 5 years from the date of issuance) and a debt service reserve for the honds to the extent the Redevelopment Commission determines that a reserve is reasonably required. I11 the ISsuanCe of bands the Redevelopment Commission will comply with IC 36-7-14- -)-�.I. In the alternative, the Redevelopment Commission may enter into a lease o! any ,M-0J)ert\' that Could he financed VA[h the proceeds of bonds udder IC ',6-7-11. The i ase is subject to the provisions of IC 36-7-14-25.2 and IC 36-7-14-25.3. Amendment of the Plan. By following the procedures specified in IC 36-7-14-17.5, the Redevelopment Commission may amend the Plan for the OHIOANA Area. However, any enlargement of the boundaries of the OHIOANA Area must be approved by the Common Council. ORDER OF THE RICHMOND ADVISORY PLAN COMMISSION DETERMINING THAT A DECLARATORY RESOLUTION AND ECONOMIC DEVELOPMENT PLAN APPROVED AND ADOP','ED BY THE RICHMOND REDEVELOPMENT COMMISSION CONFORM TO THE COMPREHENSIVE PLAN AND APPROVING THAT RESOLUTION AND THE ECONOMIC DEVELOPMENT PLAN WHEREAS, the City of Richmond ("City") Redevelopment Commission ("Commission") has on the 14th day of March, 1994, initially approved an Economic Development Plan ("Plan") for the OHIOANA Development Area ("Area") in the City; and WHEREAS, the Commission on the 14th day of March, 1994, adopted a Declaratory Resolution declaring that the Area is an economic development area and subject to economic development activities pursuant to IC 36-7-14 and,IC 36-7-25,' Mind all acts supplemental and amendatory thereto ("Act"); and WHEREAS, the Act requires approval of the Declaratory Resolution and the flan by the Richmond Advisory Plan Commission ("Plan Commission"); NOW, THEREFORE. BE IT ORDERED by the Richmond Advisory flan Conimission.:is follows: 1 , That the Plan for the Area conforms to the Comprehensive flan of development For the City. ? . That the Plan is in all respects approved, ratified and confirmed. 3. That the Secretary of the Plan Commission is hereby directed to file a copy of the Declaratory Resolution and the Plan with the permanent minutes of this meeting. Passed b%, the Richmond Advisory Plan Commission this 15th day of March, 1994. &,c e-,,/��,�Ga President (Clare G. McQuiston) j Attest: 1 e retary (Robert Goodwin) DISPOSITION OF ORDINANCE NO..�. RESOLUTION NO. 19B_ by Common Council Ordinance Now Resolution No. EEstro Lundy Brookbank Donat McBride Parker Dickman Allen Hutton Date z 124 Susp. rules Ist read Title only t, Proof of Publicaton Seconded Move to 2nd read Seconded Engrossment ......... .................... -- ------•- Seconded ✓ Susproles 3rd-rea .._. ..'� .. -._ - - - - -- ................ -------- Seconded Passage................•--- ...........O R• -----................... ------- -----• ------ Rejection Date Passed `4 `i COMMITTEES ASSIGNMENTS: Committee Date Commttee Wearing Date Reassigned to Council Agenda PUBLICATION DATES: 7— AMENDMENTS: COMMENTS: