HomeMy WebLinkAboutBPW-08-24-98-01CoolCreek LightRESOLUTION NO.
RESOLUTION OF THE CITY OF CARMEL BOARD OF WORKS AND SAFETY
AFPROVING THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT
AND THE INSTALLATION OF ENTRY SIGNS AND ORNAMENTAL
STREET LIGHTING IN THE COOL CREEK NORTH SUBDIVISION
WHEREAS, IC 36-9-38 (the "Act") permits the Board of Public Works and Safety of the City of
Carmel, 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 the establishment of an improvement district pursuant to the Act,
consisting of a portion of the area known as "Cool Creek North," and generally bounded by the following four
intersections: (i) 13 1st Street and Hawthome Drive, (ii) 13 1st Street and Cool Creek Court; (iii) Tulip Poplar
Crest Road and Smokey Row Road (East 1361h Street) and (iv) IronWood Drive North and Smokey Row Road
" ' ' " ' ' 'X *
(East 1361h Street) (the D~stnct ), and b/)~/~ ~ ~
WHEREAS, the Petition was signed by more than-;2~ of the owners of the parcels of real property in
the proposed District and requested pursuant to the Act the installation, maintenance, and operation of entry signs
and a system of omamental street lighting in the District (the "Project"); and
WHEREAS, there has been filed with the Board (i) information indicating that the maximum estimated
cost of the Project, including all incidental, legal, inspection, and engineering costs to be funded with assessments
payable by owners ofreal property in the District is One Hundred Forty-Two Thousand Dollars ($142,000) and
there are no estimated annual costs of operating the Project payable from such assessments, and (ii) cross-
sections, general plans, and specifications for the Project (the "Plans"); and
WHEREAS, pursuant to the Act, the Town Council published notice (the "Notice") of the adoption and
substance of the Declaratory Resolution in accordance with IC 5 -3 - 1, which Notice stated that a public heating
on this mater (the "Public Heating") would be held on August 24, 1998 and that following the Public Hearing,
the Board may take final action on whether the benefits to the property liable to be assessed for the Project will
equal the estimated maximum cost of the Project, the establishment of the District and the ordering of the
completion of the Project; and
WHEREAS, pursuant to the Act, at least twenty-one (21 ) days prior to August 24, 1998, the Notice was
mailed to all owners of real property with the proposed District at the owners' addresses appearing upon the tax
duplicates in the records of the Hamilton County Auditor; and
WHEREAS, on August 24, 1998, the Board conducted the Public Hearing, at which all interested
persons have been heard on the questions of: (i) the sufficiency of the Petition and the Notice; (ii) whether the
Project is of public utility and benefit; (iii) whether all of the probable benefits of the Project, including the
benefits to the City generally, will equal or exceed the estimated maximum cost of the improvement; (iv) whether
the District contains all, more than all, or less than all of the property specially benefitted or damaged by the
Project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of
Carreel, Indiana, as follows:
1. The Board hereby finds that the Petition is sufficient, the required notice of the Public Heating
was given, and the Project will be of public utility and benefit.
2. The Board further hereby finds reasonable and approves the estimated maximum cost of the
Project, including all incidental, legal, inspection, and engineering costs to be funded with assessments payable
by owners of real property in the District of One Hundred Forty-Two Thousand Dollars ($142,000) and no
estimated annual costs of operating the Project payable from such assessments. The Board finds and determines
that the District contains all the property specially benefited or damaged and that the special benefits accruing
to the property liable to be assessed for the Project are equal to such estimated cost.
3. The Declaratory Resolution is hereby confirrned and the District is established as an
improvement district pursuant to the Act. The Board hereby approves the Plans and authorizes and orders the
completion of the Project, substantially in accordance with the Plans.
4. The Bond hereby recites : (1) that all real property within the Districtis subjectto assessment
of special benefits and damages by appraisers appointed by the Board; and (2) that the assessments are subject
to review in a hearing before the Board.
5. Pursuant to IC § 36-9-38-17(d), a copy of this resolution shall be certified by the Clerk-
Treasurer of the City and recorded in the miscellaneous records in the office of the Recorder for Hamilton County,
Indiana.
6. This Resolution shall be in full force and effect upon its adoption and shall be final and
conclusive, except for the limited rights of appeal set forth in the Act.
PASSED AND ADOPTED by the Board of public Works and Safety of the City of Carmel, Indiana this
241h day of August 1998.
ATTEST:
CITY OF CARMEL, INDIANA, by and through
INDS01RXtt274189
-2-