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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-