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HomeMy WebLinkAboutD-2445-18 Increases Time Period in Which the Council May Disapprove a CRC Decision Under D-2370-17 SPONSOR(S): Councilors Rider Finkam Worrell ORDINANCE NO.D-2445-18 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,INDIANA, AMENDING EXHIBIT B TO ORDINANCE D-2370-17 Synopsis: Ordinance increases the period of time in which the Common Council may disapprove a CRC Decision made under Ordinance D-2370-17. WHEREAS, the Common Council of the City of Carmel, Indiana (the "Council") passed Ordinance D-2370-17 (the "Ordinance") on September 18th, 2017 by a majority vote of five (5) ayes and two (2) nays; and WHEREAS,the Ordinance approved certain Carmel Redevelopment Authority Lease Rental Bonds, approved one or more lease agreements between the Carmel Redevelopment Authority and the Carmel Redevelopment Commission (the "CRC"), and authorized an Amendment to the Revenue Deposit Agreement Between the City and the CRC, the details of each set forth therein; and WHEREAS, in an Exhibit B to the Ordinance, Council adopted Real Property Acquisition Procedures that apply if the CRC seeks to spend proceeds of the specific Bonds set forth in the Ordinance in order to acquire and/or develop any parcel or parcels of real property, where such expenditure exceeds $49,999 (each, a"CRC Decision"); and WHEREAS, pursuant to the Real Property Acquisition Procedures set forth in Exhibit B, any CRC Decision is deemed approved unless a member of the Council disputes such CRC Decision in writing prior to the close of business on the fourth day after the Clerk-Treasure of the City provides notice to the Council of said CRC Decision; and WHEREAS, the Council now fmds that it is in the public interest to now amend the Real Property Acquisition Procedures set forth in Exhibit B to the Ordinance so as to allow the Council thirty (30) days to review any such disputed CRC Decision made pursuant to the Ordinance terms. NOW,THEREFORE,BE IT ORDAINED,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. Exhibit B to Ordinance D-2370-17 is hereby amended and shall read as follows: Ordinance D-2445-18 Page One of Three Pages This Ordinance was prepared by Ashley M. Ulbricht, City Attorney, on 10/29/18 at 12:52 PM. It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Ms.Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilors Rider Finkam Worrell EXHIBIT B REAL PROPERTY ACQUISITION PROCEDURES 1. Whenever the Carmel Redevelopment Commission ("CRC") seeks to spend proceeds of the Bonds to acquire and/or develop any parcel or parcels of real property pursuant to clause (a) of the Projects described in Exhibit A hereto, for a total cost that exceeds $49,000 (each, a "CRC Decision"), the Clerk-Treasurer of the City, or after January 1, 2020, the City's Fiscal Officer, (hereinafter the "Fiscal Officer") shall immediately provide notice of the CRC Decision to all members of the Common Council. 2. Subject to Section 3 below, the Common Council shall have the right to review and approve,reject or modify the CRC Decision. 3. If the Fiscal Officer so delivers such notice, the Common Council shall be deemed to have approved the CRC Decision at the close of business on the fourth day after the date on which the notice was delivered (the "Effective Date"), unless (a) by the close of business on the Effective Date, any member of the Common Council who disputes in writing the CRC Decision requests the Fiscal Officer to place such dispute on the agenda for the next meeting of the Common Council; and(b) at a meeting held within thirty(30) days of the said written notice of dispute, the Common Council disapproves the CRC Decision by a vote of a majority of the elected members of the Common Council. Failure to take action by the Common Council within the aforementioned thirty (30) day time period will result in the CRC Decision being deemed approved. Section 3. The remaining provisions of Carmel Ordinance D-2370-17 are not affected by this amendment and shall remain in full force and effect. Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 5. If any portion of this Ordinance is for any reason declared to be invalid by a court of competent jurisdiction, 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 6. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication as required by law. Ordinance D-2445-18 Page Two of Three Pages This Ordinance was prepared by Ashley M. Ulbricht, City Attorney, on 10/29/18 at 12:52 PM. It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Ms.Ulbricht for legal sufficiency or otherwise. SPONSOR(S): Councilors Rider Finkam "l )orrell PASSED by the Co on Council of the City of Carmel, Indiana, this day oflY i '''� ,, 2018, by a vote of (Q ayes and U nays. CO IL FOR THE CITY OF CARMEL Ai LAIi►-� evin D. Rider, President Sue Iv. i „../A1 Jeff 1,Vice-President • A o yen • D � [I KA.,-------4120 Laura D. Campbell H. Bruce Kimball Ronald E. Carter , ATT C ' ine S. Pauley lerk-Treasure 41 Presente�Lby me to the Mayor of the Cit o Carmel, Ip liana thisLP day of l v 0 VCA I9-e r 2018, at t. I , .M. j _____&;,- Xizee 'stine S. Pau , p � Clerk-Treasuuri/ vl Approv d by me, Mayor of the City o Carmel, Indiana, this 'day of /J/0c4Q‘O 2018, at /O 4 6_.M. , ames Brainard, Mayor c,,9A S istine S. Pauley, Clerk-Treasurer Ordinance D-2445-18 Page Three of Three Pages This Ordinance was prepared by Ashley M. Ulbricht, City Attorney, on 10/29/18 at 12:52 PM. It may have been subsequently revised.However,no subsequent revision to this Ordinance has been reviewed by Ms.Ulbricht for legal sufficiency or otherwise.