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HomeMy WebLinkAboutResolution CC-02-15-16-03 Storm Water BondsSponsor: Councilor Carter RESOLUTION CC -02-15-16-03 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING THE ISSUANCE OF REVENUE BONDS OF THE CITY OF CARMEL STORM WATER DISTRICT Synopsis: Resolution approves the issuance of bonds by the City of Carmel Storm Water District to fund various storm water projects within the City. The bonds will be repaid solely from revenues derived from user fee charges within the District. WHEREAS, the Board of Public Works and Safety, acting as the governing body of the Department of Storm Water Management of the City of Carmel, Indiana (the "City") on February 3, 2016, adopted a resolution (the "Bond Resolution") authorizing the issuance of revenue bonds of the Storm Water District of the City (the "District"), in one or more series, in an aggregate principal amount not to exceed Six Million Seven Hundred Thousand -Dollars ($6,700,000) (the "Bonds"), for the purpose of providing funds to pay a portion of the costs of certain storm water improvements as further described in Exhibit A hereto (the "Project"), fund a reserve fund (if necessary), pay capitalized interest on the Bonds (if necessary), and pay all or any portion of the costs and expenses incurred on account of or in connection with the issuance of the Bonds, including any fees for bond insurance or other credit enhancement with respect to the Bonds (if applicable); and WHEREAS, the Common Council of the City (the "Common Council"), as the fiscal body of the City, now desires to approve the issuance of the Bonds as required under Indiana Code 8-1.5-5-23(a); NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, as follows: Section 1. Pursuant to Indiana Code 8-1.5-5-23(a), the Common Council hereby approves of the issuance of the Bonds of the District, in one or more series, in an aggregate principal amount not to exceed Six Million Seven Hundred Thousand Dollars ($6,700,000), for the purpose of providing funds to pay a portion of the costs of Project, fund a reserve fund (if necessary), pay capitalized interest on the Bonds (if necessary), and pay all or any portion of the costs and expenses incurred on account of or in connection with the issuance of the Bonds, including any fees for bond insurance or other credit enhancement with respect to the Bonds (if applicable). Section 2. If any part of this Resolution shall be adjudged to be invalid by a court of proper jurisdiction, it shall be conclusively presumed that the Common Council would have passed the remainder of this Resolution without such invalid part. Section 3. Authorization of Other Actions. Each of the Mayor, any member of the Common Council and the Clerk -Treasurer, and any other officer, employee or agent of the City is hereby authorized and directed, for and on behalf of the City, to execute and deliver any contract, deed, agreement, certificate, instrument or other document and to take any action as such person determines to be necessary or appropriate to accomplish the purposes of this Resolution, such determination to be conclusively evidenced by such person's execution of such contract, deed, agreement, certificate, instrument or other document or such person's taking of such action. Section 4. All ordinances, resolutions and orders, or parts thereof, in conflict with the provisions of this resolution, are, to the extent of such conflict, hereby repealed. Section 5. This Resolution shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor as required by law. PASSED by the Common Council of the City of Carmel, Indiana, this 6 day of b(W.'rv, 2016, by a vote of 7) ayes and —()_ nays. COMMON COUNCIL OF THE CITY OF A EL, IND Carter, President kevin D. Rider Vice President v , Laura Campbell Bruce Ki ball TT Christine Pa ley, Clerk-Treasir��r of the City of Carmel, (/ Presented by me to the Mayor of the City of CarmVdihis day fr� �' 2016, at -7 :uQ P.M.ley, Clerk -Treasurer' Approved by me, Mayor of the City of Carmel, Indiana, this f (� 2016, at '.�(p P M. A / � of Carmel, Indiana 2 Brainard, Mayor Prepared by: Bruce D. Donaldson, Esq. Barnes & Thornburg LLP 11 South Meridian Street Indianapolis, IN 46204 EXHIBIT A The Project consists of all or any portion of (a) certain improvements to the storm water system of the District, including, without limitation, the design, inspection, construction, renovation, replacement, improvement and/or equipping of certain storm water sewers, drainage improvements, culverts, structures, detention swales and ponds in the District, together with any sidewalk, drainage, streetscaping, landscaping and/or other improvements related thereto; (b) the acquisition of any land or right-of-way necessary therefor; and (c) all utility relocation, acquisition, design, inspection, construction, demolition, renovation, remediation, improvement, excavation, site work preparation and/or equipping projects related to the projects described in clauses (a) and (b) and any and all costs related thereto (clauses (a) through and including (c), collectively, the "Project"). The estimated costs of the Project are set forth below: DMS 3526742v2 Project Components Estimated Cost Road Reconstructed Storm Sewers $18,000,000 Small Structure Replacement Program $12,000,000 Regional Detention $4,500,000 Small Structure and Culvert Lining $2,000,000 Rangeline Road Drainage Improvements $500,000 Foster Estates Detention $400,000 Subdivision Drainage Improvements (Jordan Woodlands, Concord Village, Carmel Meadows, Harrowgate, Cedar Pointe, Green Tree Estates, Crooked Stick and Crooked Stick West, Wilson Village, Carmel View, Village of Mount Carmel, Ironwood) $4,000,000 Old Town Drainage Improvements $600,000 Total Estimated Cost = $42,000,000 A-1