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HomeMy WebLinkAboutCC-01-04-99-02 Barrett LawA RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA APPROVING AN EXPENDITURE FROM THE BARRETT LAW REVOLVING IMPROVEMENT FUND, AND TAKING OTHER ACTIONS RELATED THERETO WHEREAS, the Common Council of the' City of Carmel, Indiana (the "Council") has established, pursuant to Indiana Code § 36-9-37-46, the City 'of Carmel Barrett Law Revolving Improvement Fund (the "Revolving Fund") for the payment of the costs of the completion of Barrett Law projects; and WHEREAS, IC 36-9-38 (the "Act") permits the Board of Public Works and Safety of the City of Carreel, Indiana (the "Board") to establish within the boundaries of the City of Carmel, Indiana (the "City") improvement districts to provide for the construction of certain public improvements and to assess the cost of completing such improvement on property owners which benefit from the constructed improvements; and WHEREAS, on September 3, 1997, the Board adopted a resolution (the "Declaratory Resolution") accepting a petition (the "Petition") requesting: (i) the establishment of an improvement district pursuant to the Act, consisting of a portion of the area known as "Cool Creek Noah," and generally bounded by the following four intersections: (a) 131 st Street and Hawthome Drive, (b) 131 st Street and Cool Creek Court; (c) Tulip Poplar Crest Road and Smokey Row Road (East 1361h Street), and (d) Ironwood Drive North and Smokey Row Road (East 1361h Street) (the "District"), and (ii) the installation, maintenance, and operation of entry signs and a system of ornamental street lighting in the District (the "Project"); and WHEREAS, following a public hearing on August 24, 1998, the Board adopted a resolution which: (i) confirmed the Declaratory Resolution and established the District as an improvement district pursuant to the Act, (ii) approved the plans for the Project and ordered the completion of the Project, and (iii) found that all real property within the District (the "Property") is subject to assessment of special benefits and damages by appraisers appointed by the Board pursuant to the Act and that the assessments are subject to review in a hearing before the Board; and WHEREAS, in order to increase the number of competent contractors who will bid on the Project and to facilitate the initiation, progress and completion of the Project, the City has indicated that the portion of the costs of the Project not paid by assessments levied against the Property (the "City Costs") will be paid by the City. WHEREAS, having determined that to do so would increase the number of competent bidders and facilitate the initiation, progress and completion of the Project, the Board has requested that the Council approve the advancement of funds from the Revolving Fund, in an amount not to exceed Two Hundred Thousand Dollars ($200,000.00), to pay the City Costs. WHEREAS, the Common Council desires to approve the expenditure of funds from the Revolving Fund to pay the City Costs. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF CITY OF CARMEL, INDIANA, as follows: Section 1. Approval of Expenditure from Revolving Fund. The Council hereby finds that the possibility of the payment of City Costs from the Revolving Fund has increased the number of competent contractors that bid on the Project. The Council hereby approves the expenditure of an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) from the Revolving Fund to pay the City Costs. To the extent such amounts are not currently on deposit in the Revolving Fund, any necessary amount shall be transferred from the City of Carmel Barrett Law Surplus Account (the "Surplus Account"). Section 2. Levy of Assessments. Pursuant to applicable procedures, special assessments shall be levied against the Property that benefits from the Project. Such assessments shall be deposited in the Surplus Account and may be transferred to the Revolving Fund to pay the costs of the completion of additional projects. Section 3. Effective Date. This Resolution shall be in full force and effect from and after its adoption by the Common Council and upon compliance with the procedures required by law. PASSED by the Common Council of the City of Carmel, Indiana, this q~ day of ,1999, by a vote of ,5 ayes and o2 nays. Pr ihn ~cer ~ Kevin Kirby Robert Battreall J Bil~. Wall~er ATT~T: Diana L. Cordra , , :' -Treasurer Presented by me to the Mayor of the City of Carmel, Indiana, on the day Diana L. Cordray, IAMC, Cle~-~~surer Approved by me, Mayor of the City of Carmel, Indiana, this q/~ day of ~t~~,,~ ,1999. ~Brainard, May~Y// Diana L. Corciray, IA~~lerk-Treasurer [eb:msword:c:'a'esolutions-ccc\bartresl.doc:12/21/98]