HomeMy WebLinkAboutResolution CC-07-18-16-01 (01-04-16-06) Transfers Fire Department to CRCSPONSORS: Councilors Finkam and Kimball
RESOLUTION CC 07-18-16-01
(FORMERLY CC 01-04-16-06)
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
REGARDING AN INTERGOVERNMENTAL TRANSFER OF REAL PROPERTY INTEREST
Synopsis: Transfers portion of Carmel Fire Department Headquarters' parking lot to the Carmel
Redevelopment Commission. Previous Council Resolution transferring parcel contained incorrect
exhibits.
WHEREAS, the Common Council of the City of Carmel, Indiana (the "Council") is the fiscal body
for the City of Carmel, Indiana (the "City"); and
WHEREAS, the City of Carmel Redevelopment Commission (the "CRC") is a governmental entity
created and authorized to administer certain redevelopment activities within the City; and
WHEREAS, the City owns certain property known as Tax Parcel Number: 16-09-36-00-00-008.000,
located at 0 3rd Avenue SW, and further depicted on Exhibit A attached hereto (the "Property"); and
WHEREAS, the City has determined that it is now in the best interests of the CRC and the City to
transfer the portion of the Property depicted on Exhibit A to the CRC under the terms and conditions set
forth herein, as authorized by Indiana Code 36-7-14-12.2 and other applicable law; and
WHEREAS, the CRC has determined that it is now in the best interests of the CRC to acquire the
Property under the terms and conditions set forth herein, as authorized by Indiana Code 36-7-14-12.2 and
other applicable law; and
WHEREAS, Indiana Code Section 36-1-11-8 authorizes the transfer of property between
governmental entities upon terms and conditions agreed upon by the entities, as evidenced by the adoption of
a substantially identical resolution by each entity.
NOW, THEREFORE, BE IT HEREBY RESOLVED AND AGREED BY THE COMMON
COUNCIL OF THE CITY OF CARMEL, INDIANA, AS FOLLOWS:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The City will transfer the Property to the CRC subject to the following provisions: .
a. The transfer of the Property shall be by warranty deed and the City shall execute all other
usual and customary conveyance documents.
Resolution CC 07-18-16-01
Page One of Three
This Resolution was amended by Jon Oberlander, Carmel Senior Assistant City Attorney, on July 6, 2016 at 5:25 p.m.
No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency..
Z:\Council Meetings\8.1.16 Council Meeting\Resolution CC -07-18-16-01 Intergovernmental Transfer of Real Property Li ... w
synopsis.docx
SPONSORS: Councilors Finkam and Kimball
b. The CRC will ensure that if/when the property is sold the new owner and/or developer will
guarantee to maintain the existing public parking capacity and manage stormwater detention
as necessary to maintain or enhance the existing stormwater capacity. The guarantee to
maintain the property's current parking and stormwater capacity shall be in addition to the
parking and stormwater capacity required for any new development.
3. The parties shall take all steps necessary to effect the transfer of the Property from the City to the
CRC as provided herein. Such transfer shall take place at a time and date mutually agreed upon by
the City and the CRC.
4. The Common Council hereby designates Steve Engelking, Director of the Department of
Administration for the City of Carmel, Indiana, as its agent for purposes of completing the transfer of
the Property. Steve Engelking is hereby authorized to execute all documents required in connection
with the transfer of the Property pursuant to this Resolution and to take all other lawful actions
necessary to complete the transfer of the Property as contemplated herein.
[Signature page follows]
Resolution CC 07-18-16-01
Page Two of Three
This Resolution was amended by Jon Oberlander, Carmel Senior Assistant City Attorney, on July 6, 2016 at 5:25 p.m.
No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency..
Z:\Council Meetings\8.1.16 Council Meeting\Resolution CC -07-18-16-01 Intergovernmental Transfer of Real Property Li ... w
synopsis.docx
SPONSORS: Councilors Finkam and Kimball
PASSED by t�pe-Common Counci f the City of Carmel, Indiana, this M day of Al I lbv-,
2016, by a vote of _ ayes and nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
Laura D. Campbell
ald E. Carter
�64 Pres
Sue Finkam
A E
o+ pnen:E
Carol Schleif
Je ll
_Christine S. PauVy, Clerk -Treasury
P esented by me to the Mayor of the City oX Carmel this /,day of
2016, at . �(`7 .M.
hristine S. Paiuley Jerk -Treasure
Approved by me, Mayor of the Cit
af C 0, Indiana, this l day of
2016, at /vs I.
0
Christine S. Pgx1ey, Clerk -
Resolution CC 07-18-16-01
)Iliies
Brainard, Mayor
This Resolution was amended by Jon Oberlander, Carmel Senior Assistant City Attorney, on July 6, 2016 at 5:25 p.m.
No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency..
ZACouncil Meetings\8.1.16 Council Meeting\Resolution CC -07-18-16-01 Intergovernmental Transfer of Real Property Li ... w
synopsis.docx
SPONSORS: Councilors Finkam and Kimball
Page Three of Three
This Resolution was amended by Jon Oberlander, Carmel Senior Assistant City Attorney, on July 6, 2016 at 5:25 p.m.
No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal sufficiency..
Z:\Council Meetings\8.1.16 Council Meeting\Resolution CC -07-18-16-01 Intergovernmental Transfer of Real Property Li ... w
synopsis.docx
aw