Forbidding the ERC from Spending Anything without Council Approval, Councilman Lindsey Sponsored Ordinance to do so

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City Councilman Al Lindsey
City Councilman Al Lindsey

ORDINANCE – G-2012- SPONSOR: LINDSEY COMMITTEE: ASD

AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF EVANSVILLE, INDIANA, AMENDING CHAPTER 2.50
ADDING SECTION 2.50.041 OF THE EVANSVILLE CITY CODE

WHEREAS, the City of Evansville, Indiana, has previously established the Evansville Redevelopment Commission; and

WHEREAS, the Common Council of the City of Evansville, as the fiscal and legislative body of the City wishes to affirm its role of fiscal oversight while assisting the Evansville Redevelopment Commission in continuing its redevelopment efforts,

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Evansville,
Indiana, that:

SECTION 1. Chapter 2.50 of the Evansville Municipal Code shall be amended to add the following
Section:

“Section 2.50.041 Redevelopment Commission

A. The following definitions apply throughout this section.

1) “Affiliate” means any person, board, body or entity subject in any
manner to the direct or indirect influence, control, appointment or
direction of the Redevelopment Commission.

2) “Obligation” means any bond, note, warrant, lease, synthetic lease, agreement, swap, derivative, hedge, installment purchase contract, grant, either directly or through a third party or other structure or instrument under which money is borrowed, or revenue is leveraged.

3) “Public Funds” means all fees, payments, tax receipts and funds of whatever kind of character coming into the possession of the Redevelopment Commission.

B. The Redevelopment Commission may not enter into any obligation, directly or in combination with or through any affiliate, payable from public funds, secured by public funds or guaranteed by public funds without first obtaining the approval, by Ordinance or Resolution, of the Common Council of the City of Evansville.

C. The Redevelopment Commission may not enter into an obligation payable from public funds, unless the Redevelopment Commission first obtains the approval of the Common Council of the City of Evansville as provided in subsection B. The approving Ordinance or Resolution of the Common Council of the City of Evansville must include the following:

1) The maximum amount of the obligation.

2) The maximum interest rate or rates, any provisions for redemption
before maturity, and any provisions for the payment of capitalized
interest associated with the obligation.

SECTION 2. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are
separable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, and such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance.

SECTION 3. In construing or interpreting this Ordinance, the construction or interpretation that resolves any doubts, ambiguities or conflicts shall be applied and adopted which resolves all questions of application, authority or oversight in favor of the Common Council of the City of Evansville and preserves or extends the Council’s authority.

SECTION 4. This Ordinance shall be effective after its passage by the Common Council,
signature of the Mayor, and such publication as is required by law.

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8 COMMENTS

  1. Is this a new ordinance or one already on the books? Didn’t see any dates in the story.

      • More empty words by Councilman Lindsey, I fear. I once had a modicum of faith this guy was on the level; now I just think he’s full of it.

        He’ll introduce this knowing it can’t pass the Council and if it does, will be vetoed.

        While I appreciate the idle threat this poses, I have learned not to hang my hat on the words of Councilman Lindsey.

        Besides…this doesn’t go nearly far enough. Why not just repeal the creative Ordinance of the ERC and get their meddlesome hands out of Evansville politics once and for all?

  2. I think it is right and understandable for the Common Council to reestablish its dominance in a relationship that has gotten way out of balance in the last 9 years. In theory, if not always in practice, elected government is preferable to appointed government.

    If one wanted to look at an ERC project that has been a fiasco of epic proportions you would need to look no further than the ERC-American General Project. Again we see no protection of taxpayer dollars. No guarantees, no claw-backs, just millions of dollars stuffed down a rat hole of wishful thinking. Nowadays no one dares to raise the project’s name. Could anyone have seen that one coming? I do not know, but prudent planning allows for a lot of “what ifs”.

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    • BTW, I think it is ridiculous that the Ford Center is owned by the Evansville Redevelopment Authority. It is almost like that move was made in hopes of precluding any attempt in the future by disgruntled taxpayers to abolish the Evansville Redevelopment Commission, unless the Authority can out live the Commission.

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