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HomeMy WebLinkAboutCC-04-21-14-12 Distribution from Sale of Real Property/300 Mallard Court As Amended SPONSOR: Councilor Seidensticker RESOLUTION CC-04-21-14-12 (FORMERLY RESOLUTION CC-03-17-14-04) AS AMENDED AN RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REGARDING DISTRIBUTION OF MONIES TO BE PAID TO THE CITY OF CARMEL FROM SALE OF REAL PROPERTY WHEREAS, the City of Carmel, ("City") purchased real estate located at 300 Mallard Court (the "Property"), such Property being located within the corporate limits of the City; and WHEREAS, the Property was acquired for a road expansion project; and WHEREAS, Indiana Code 36-1-11-3(b) authorizes the sale of real property owned by a political subdivision; and WHEREAS, pursuant to City of Carmel, Indiana Executive Order JB-2014-1, the City intends to sell the Property; and WHEREAS, the Common Council desires that the proceeds from the sale of the Property be deposited into the General Fund#101. NOW, THEREFORE, BE IT HEREBY RESOLVED AND AGREED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Clerk-Treasurer is hereby instructed, upon her receipt of same, to promptly deposit the proceeds from the sale of the Property into the General Fund #101. 2r. , SO RESOLVED by the Common Council of the City of Carmel, Indiana, this�I S day of 2014, by a vote of 7 ayes and a nays. Page One of Two Pages Version A Amended in Finance Administration and Rules Committee, March 20, 2014 This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on March 04, 2014 at 1:04 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise. SPONSOR: Councilor Seidensticker COMMON COUNCIL FOR THE CITY OF CARMEL - ------ /e Pit , Presiding Officer evin D. Rider 1 n.— ( LO Al W. Eric Seidensticker, President ro Tempore Carol Schl I J 7.1 o e P. Carter Richard . Sharp /A Sup am uci S• -der ATTES . // Diana L. Cordray, IAMC, Clerk-T°easurer n0 Presented by me to the Mayor of the City of Carmel, Indiana this day of oeLo 2014, at 1 a:ag P .M. fir s X 6 Diana L. Cordray, IAMC, Clerk-T easurer Approved by me, the Mayor of the City of Carmel, Indiana, this o(z) day of , 2014, at a. 3� Q .M. il/C\ Z es Brainard, Mayor ATTEST: /46,21,A. Diana L. Cordray, IAMC, Clerk- n easurer Page Two of Two Pages This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on March 04, 2014 at 1:04 p.m.No subsequent revision to this Resolution has been reviewed by Mr. Haney for legal sufficiency or otherwise. 300 Mallard Court CITY OF CARMEL, INDIANA EXECUTIVE ORDER 1B-2014-1 WHEREAS, Indiana Code 36-1-11-3(b) authorizes the executive of a political subdivision to approve the sale of real property owned by that subdivision after a public hearing is held thereon; and WHEREAS, Indiana Code 36-1-11-3(b) requires the executive of a municipality to designate a board of the municipality to give notice, conduct a hearing and notify the executive of its recommendation with respect to the sale of real property; and WHEREAS, the City of Carmel, Indiana (the "City") owns property located at 300 Mallard Court (the "Property"), such Property being located within the corporate limits of the City of Carmel, Indiana _(the "City"); and WHEREAS,the Property was acquired for a road expansion project; and WHEREAS, only a portion of the Property is needed by the City for right of way purposes for the road expansion project and the remainder of the Property (the "Remaining Property") is not needed by the City for any public purpose; and WHEREAS, it may be in the City's best interest to sell, transfer or exchange the Remaining Property. NOW, THEREFORE, by virtue of the power and authority granted to me as Mayor of the City of Carmel, Indiana, I, James Brainard, do hereby declare and order that, effective on and after the date of this Executive Order: 1. The City of Carmel Board of Public Works and Safety is designated as the board of the City responsible for giving notice, conducting the public hearing and notifying the Mayor of its recommendation with respect to the sale, transfer or exchange of the Remaining Property. • 2. The City of Carmel Board of Public Works and Safety is directed to and shall undertake the above actions in a timely fashion, in accordance with applicable law, and shall issue written findings in support of its recommendation with respect to the sale, transfer or exchange of the Remaining Property. SO ORDERED THIS I© DAY OF FEBRUARY, 2014. 4mes Brainard, Mays r ATTEST: ._..:�..� ....way Douglas C. Haney,City Attorne