Carmel Explores Unique TIF District
Carmel city officials are exploring an unusual method to help finance an $18 million mixed-use project in Fountain Square without subjecting the city to any risk. Officials want to establish a new TIF district just to cover the 1.02 acre project area. Under the proposal, Carmel would pledge a yet-to-be-determined amount based on the tax increment expected to be generated by the project. If for some reason the increment doesn’t cover the amount the city provides, the developer, through a developer-backed bond, is responsible for the difference.
Lawsuit Over LGBT Ordinance Proceeds
A Hamilton County judge ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit. Plaintiffs in the case, represented by Jim Bopp, say the ordinances violate their religious freedoms. The plaintiffs also invoked concerns over the so-called “fix†to the controversial Religious Freedom Restoration Act. Notably, the judge’s ruling also requires the plaintiffs to file an amended complaint adding the State of Indiana and/or the appropriate state officials as a party to the cause. As a result, Gov. Mike Pence and/or Governor-elect Eric Holcomb will be in a position of having to defend the RFRA “fix.”
Indy OKs Plan To borrow $75M For Roads, Public Safety
The Indianapolis City-County Council overwhelmingly approved issuing bonds to pay for about $75 million worth of projects to support city infrastructure, road funding, and public safety. Mayor Joe Hogsett’s plan is to renew existing bonds that are expiring soon and the tax levies that fund them in order to reduce stress on the overall budget. Click here for more from the IBJ. Despite the bi-partisan support, some Indiana lawmakers are rumored to be unhappy with Indy’s borrowing following the state’s disbursement of $580 million to city and county governments for road projects, designed in part to ward off additional taxpayer debt.
Judge Finds Notre Dame Police Not Public Agency
The Indiana Supreme Court ruled Notre Dame Police are not a public agency, turning back a lawsuit from ESPN that sought records of the university police’s interactions with student athletes. The ruling means Indiana’s Access to Public Records Act does not apply to university police at private institutions.
FOOTNOTE:  Joshua A. Claybourn is Counsel with Jason/Kelley law firm Evansville, Indiana, office. As a member of the Commercial Law and Health Care and Finance Practice Groups, Mr. Claybourn advises clients in matters of business and corporate law, governmental services and public finance. He has extensive experience providing solutions‑oriented advice on a wide range of legal issues, including complex commercial transactions, regulatory compliance and economic development.
Prior to joining Jackson /Kelly, Mr. Claybourn worked in‑house with a large publicly‑traded energy holding company. As a result, Mr. Claybourn has extensive experience with municipal and utility matters before the Indiana Utility Regulatory Commission in numerous complaint cases, rulemakings and other proceedings. This experience provides him with the knowledge and skills to approach clients’ problems from both a legal and business perspective.
A native of Evansville, Mr. Claybourn is a graduate of the Indiana University Kelley School of Business and the Indiana University McKinney School of Law. He was recognized by Indiana Lawyer in its first statewide award as an “Up and Coming†lawyer. He is actively involved in the community and helps lead and support several civic and non‑profit organizations.
What exactly are the “mixed-use” projects that would go on this one acre site that are vital enough for the taxpayers of Carmel to put up $18. million to make it happen. If the developer could qualify for a bond to cover any shortfalls in his TIF payments, it would seem to me that he should have been able to find financing for the entire project in the first place.
There seems to be no end in the “creative” ways in which political subdivisions use “public” funds to finance “private” projects, none of which would need taxpayer funding if the projects were economically viable in the first place. The banks have plenty of money to lend businessmen, all they ask is that the project makes economic sense.
Evansville has gone right up to the edge of the financial disaster cliff, and is looking over the edge, as in not being able to make $7. million in payments to healthcare providers, because of all the debt it faces annually for projects where the City has acted in the role of a bank! The City of Evansville is NOT A BANK! However, as we witness all the time, a handful of wealthy local business can force her to act like a bank any time it suits their interest.
Is this the same Josh Claybourn who is the Winnecke sycophant and who resigned as a delegate to the Republican Convention because it would make his tummy hurt to vote for Trump?
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