Ice Miller LLP

Ice Miller LLP

DRAFT – July 1, 2008

EXHIBIT A

______, 2008

[Before July 15 of each year]

______County Auditor

______

______, IN ______

[Members of the ______County Council

______

______, IN ______]

USE THE APPROPRIATE FISCAL BODY

[Members of the ______Common/Town Council

of the City/Town of ______

______

______, IN ______]

[To each officer authorized to fix budgets, tax rates

and tax levies under IC 6-1.1-17-5 for each

taxing unit wholly or partly located in Allocation Area]

Re: ______Redevelopment Commission ("Commission")

______[Economic Development][Redevelopment] Area ("Area") and Allocation Area ("Allocation Area")

Ladies and Gentlemen:

[In accordance with IC 36-7-14-39(b)(3)(B), we have determined that $______of excess assessed value may be allocated to other taxing units located in the Allocation Area in the manner prescribed in subdivision (1).]

OR

[In accordance with IC 36-7-14-39(b)(3)(B), we have determined that there is no excess assessed value that may be allocated to other taxing units located in the Allocation Area in the manner prescribed in subdivision (1).]

Very truly yours,

______

______, President

______Redevelopment Commission

RESOLUTION NO. ______

RESOLUTION OF THE
______REDEVELOPMENT COMMISSION

WHEREAS, the ______Redevelopment Commission ("Commission") has created the ______Area ("Area") and an allocation area ("Allocation Area") located in its redevelopment district in accordance with IC 36-7-14 ("Act"); and

WHEREAS, pursuant to IC 36-7-14-39(b)(3)(B), the Commission must make an annual determination prior to July 15 of each year, of the amount, if any, of assessed value of taxable property in the Allocation Area for the most recent assessment date minus the based assessed value, when multiplied by the estimated tax rate of the Allocation Area, will exceed the amount of assessed value needed to produce the property taxes necessary to make, when due, principal and interest payments on bonds and support other purposes of the Commission in compliance with IC 36-7-14-39(b)(2); and

WHEREAS, the Commission must provide written notice to the County Auditor, the County Council and the officers who are authorized to fix the budgets, tax rates and tax levies of each taxing district whose territory is wholly or partially in the Allocation Area;

WHEREAS, the notice must state: (1) the amount of excess assessed value that the Commission has determined may be allocated to the respective taxing units; or (2) that the Commission has determined that there is no excess assessed value that may be allocated to the respective taxing units; and

WHEREAS, the Commission has determined that the following taxing districts are located wholly or partially in the Allocation Area:

[City/Town of ______, Indiana]

[______School Corporation]

[______Township]

[______Solid Waste District]

[______Public Library]

[Other Taxing District]

WHEREAS, the Commission finds that there are tax increment revenues in the amount of $______in the Allocation Fund (as defined in the Act) ("Existing TIF Revenues"); and

WHEREAS, the Commission has estimated that tax increment to be generated within the Allocation Area payable in 2009 is $______; and

WHEREAS, the Commission finds that:

[$______is dedicated to the repayment of outstanding bonds/lease rentals;]

[$______will be dedicated to the repayment of debt service for proposed bonds/lease rental payments to finance ______;]

[$______will be utilized to support the projects identified in the Commission's [economic development][redevelopment] plan for the Area as set forth on Exhibit A attached hereto; and/or]

[$______is necessary to [factual findings].]

[WHEREAS, the Commission has determined that it requires all of the assessed value in the Allocation Area, as of July 15, 2008, to support debt service and projects of the Commission to create [economic development][redevelopment] in the Area; and]

[WHEREAS, the Commission has determined that excess assessed value in the amount of $______may be allocated to the respective taxing units;]

NOW, THEREFORE, BE IT RESOLVED BY THE ______REDEVELOPMENT COMMISSION THAT:

a.[The Commission determines that there is no excess assessed value that may be allocated to other taxing units] OR [The Commission determines that $______of assessed value may be allocated to the respective taxing units by the County Auditor].

b.[The Commission ratifies the notifications filed by (or caused to be filed by) the Secretary of the Commission prior to July 15, 2008].

c.This resolution is effective upon passage.

Adopted at a meeting of the ______Redevelopment Commission held this ______day of July, 2008.

______REDEVELOPMENT COMMISSION

President

Attest:

Secretary

EXHIBIT B

CERTIFICATE OF APPOINTMENT

We hereby certify that we are the County Council of ______County, Indiana. We hereby appoint ______, who is a resident of ______County, Indiana and at least eighteen (18) years of age as a member of the ______Redevelopment Commission to serve a term commencing immediately and ending on December 31, 2008.

IN WITNESS WHEREOF, we have hereunto set our hands this ______day of ______, 2008.

COUNTY COUNCIL OF ______COUNTY, INDIANA

______

______

______

______

______

Attest:

______

Auditor

OATH OF OFFICE

STATE OF INDIANA)

) SS:

COUNTY OF ______)

I, ______, do solemnly swear that I will support the Constitution of the United States and the State of Indiana, and that I will faithfully, honestly, and impartially discharge the duties of the office of ______County Redevelopment Commissioner, according to law, and to the best of my skill and ability.

I hereby certify that I am a resident of ______County, Indiana and am at least eighteen (18) years of age.

______

Subscribed and sworn to before me this ______day of ______, 2008.

By:______

Printed:______Title:______

ORDER NO. ______

OF THE BOARD OF COMMISSIONERS

OF ______COUNTY, INDIANA

WHEREAS, the Indiana General Assembly has empowered cities, towns and counties to establish a department of redevelopment with all the powers set forth in IC 36714 and IC 36725 (collectively "Act");

WHEREAS, ______County has lawfully created a county redevelopment commission (“Redevelopment Commission”) in accordance with the Act;

WHEREAS, in its 2008 session, the Indiana General Assembly amended IC 36-7-14-6.1 to allow the Board of Commissioners to appoint [three][four] members to the Redevelopment Commission and the County Council to appoint [two][three] members to the Redevelopment Commission; and

WHEREAS, the Indiana General Assembly further amended IC 36-7-14-6.1 to require the Board of Commissioners to appoint a nonvoting advisor who is a member of the school board of a school corporation within the redevelopment district;

NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF COMMISSIONERS OF ______COUNTY, INDIANA, THAT:

1.The Board of Commissioners now determines that it will retain the following members as the Board of Commissioners appointments to the Redevelopment Commission until December 31, 2008:

1. ______
2. ______
3. ______
4. [______]

2.The Board of Commissioners hereby appoints ______, a member of the Board of the ______School Corporation, as the non-voting advisory member to the Redevelopment Commission.

3.All other orders, ordinances, resolutions or parts thereof in conflict with the provisions and the intent of this order are hereby repealed.

4.This order shall be in full force and effect from and after its passage.

Adoptedthis _____ day of ______, 2008, by a vote of ______ayes and ______nays.

BOARD OF COMMISSIONERS OF

______COUNTY, INDIANA

______

Commissioner

______

Commissioner

______

Commissioner

ATTEST:

______

Auditor

EXHIBIT C

CERTIFICATE OF APPOINTMENT

We hereby certify that we are the Board of County Commissioners of ______County, Indiana. We hereby appoint ______, who is a member of the school board of ______Corporation, which school corporation is included in all or part of the redevelopment district of the County, to serve a term commencing immediately and ending on June 30, 2010.

IN WITNESS WHEREOF, we have hereunto set our hands this ______day of ______, 2008.

BOARD OF COUNTY COMMISSIONERS OF ______COUNTY, INDIANA

______

______

______

Attest:

______

Auditor

(Seal)

OATH OF OFFICE

STATE OF INDIANA)

) SS:

COUNTY OF ______)

I, ______, do solemnly swear that I will support the Constitution of the United States and the State of Indiana, and that I will faithfully, honestly, and impartially discharge the duties of the office of a Non-Voting Advisor Member to the ______County Redevelopment Commission, according to law, and to the best of my skill and ability.

I hereby certify that I am a member of the school board of ______School Corporation, which school corporation is included in all or part of the redevelopment district of the County

______

Subscribed and sworn to before me this ______day of ______, 2008.

By:______

Printed: ______

Title:______