HomeMy WebLinkAboutD-2399-17 Establishes Requirements for the Proposed Duke Energy Substation for Rohrer RoadSPONSOR(s): Councilors Carter and Kimball
ORDINANCE D-2399-17
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
REGARDING ADDITIONS AND EXTENSIONS TO DUKE ENERGY'S PHYSICAL PLANT
LOCATED WITHIN THE CITY OF CARMEL
Synopsis: This Ordinance establishes requirements for the proposed Duke Energy Substation in
the vicinity of Rohrer Road.
WHEREAS, pursuant to Indiana Code § 8-1-2-101, the Carmel Common Council (the "Council")
may require any public utility, by ordinance, such additions and extensions to its physical plant within
Carmel, Indiana (the "City") as shall be reasonable and necessary in the interest of the public; and
WHEREAS, Indiana Code § 8-1-2-101 affords the Council the power to designate by ordinance,
the location and nature of all additions and extensions of a public utility physical plant, the time within
which the additions and extensions must be completed, and all conditions under which the additions and
extensions must be constructed; and
WHEREAS, the Council is now aware that Duke Energy ("Duke") plans to build a new overhead
69 -kilovolt (kV) transmission line and 12 -kilovolt (kV) substation (the "Project") in the general vicinity
of Rohrer Road and US 31, and the aforementioned location is entirely located within the City and under
the jurisdiction of the Council; and
WHEREAS, while the Council understands the need for Duke to add capacity for current and
future electrical system demand and to adequately serve the community, the Council is apprehensive of all
locations currently proposed by Duke to place the Project within the City; and
WHEREAS, the City, by and through its Common Council, now finds that it is in the best
interests of the public health, safety, and general welfare of its citizens to utilize the powers granted under
Indiana Code § 8-1-2-101, and by ordinance, establish requirements as to the location, nature, timeframe,
and other conditions for the construction of the Project in the area of Rohrer Road.
NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the City
of Carmel, Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The Council finds that the Project locations currently proposed by Duke are not in the
public interest. As a result, the Council hereby declares that prior to commencing construction of the
Project, Duke must consult with the City's Board of Public Works (`BPW") regarding alternative Project
locations and routes. Upon approval of an alternative location or route by the BPW, Duke may commence
construction of the Project in accordance with additional requirements set forth in this Ordinance.
Ordinance D-2399-17
Page One of Three Pages
This Ordinance was prepared by Ashley Ulbricht, Carmel City Attorney and Michael T. Griffiths, Partner with Bingham
Greenbaum Doll LLP on 11/20/17 at 11:42 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht
or Mr. Griffiths for legal sufficiency or otherwise.
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SPONSOR(s): Councilors Carter and Kimball
Section 3. The Council hereby declares that the nature of the Project's design shall include
provisions for underground utility facilities to the full extent possible, in accordance with Ordinance D-
2395-17, as amended, and shall minimize any impacts to streets, sidewalks, walking trails, and other
public property.
Section 4. The Council hereby declares the timeframe of the Project be as proposed by Duke and
as acceptable to the BPW.
Section 5. The Council hereby declares other conditions for the construction of the Project are
set forth herein as follows:
a. Any location or route must be approved by the BPW.
b. All other City ordinances regarding the location or relocation of public utility facilities within
the City apply to the construction of the Project, including Ordinance D-2395-17 (pertaining to
the establishment of an Underground and Buried Utility District) and Ordinance D-2368-17
(pertaining to the relocation of public utility facilities in areas along, under, upon and across
City streets, highways and other public property).
Section 6. If any portion of this Ordinance is for any reason declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as
enforcement of same can be given the same effect.
Section 7. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor.
[Remainder of page intentionally left blank]
Ordinance D-2399-17
This Ordinance was prepared by Ashley Ulbricht, Carmel City Attorney and Michael T. Griffiths, Partner with Bingham
Greenebaum Doll LLP on 11/20/17 at 11:42 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht
or Mr. Griffiths for legal sufficiency or otherwise.
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Copy.docxl l/20/2017 11:55:06 AM
SPONSOR(s): Councilors Carter and Kimball
Page Two of Three Pages --7 - fl�
PASSED by the Common Council of the City of Carmel, Indiana, this IL day of /V OI�M%'P
2017, by a vote of _ik_ ayes and -jo— nays.
COUNCIL FOR THE CITY
Sue
Kevin D. Rider, Vice -President
C:�) &L -4a
LaYa D. Campbell
01
Ronad E. Carter
A
Christine S. Pauley/Clerk-Treasurer
H. Bruce Kimball
Jiff }Ffe�l
Presenteo by me to the Mayor ofthe City of Carmel,
p1/ 2017, at - ,QM.
is Ktr
day f
Pauley, Lk -Treasurer
Approve by me, Mayor of the Citl of Carmel, Indiana, this day of
- ti _ g R' 2017, at L— -E.M.
Ordinance D-2399-17
Page Three of Three Pages
Brainard, Mayor
This Ordinance was prepared by Ashley Ulbricht, Carmel City Attorney and Michael T. Griffiths, Partner with Bingham
Greenbaum Doll LLP on 11/20/17 at 11:42 a.m. No subsequent revision to this Ordinance has been reviewed by Ms. Ulbricht
or Mr. Griffiths for legal sufficiency or otherwise.
C:\Users\clivingston\AppDataU"al\Microsoft\Windows\Temporary Internet Files\Content.Outlook\5L84KASY\D-2399-17 Duke Substation Ordinance Final
Copy.doczl1/20/2017 11:55:06 AM