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Home My WebLink AboutCC-03-05-01-02 JCHart/CPMorgan SPONSOR - COUNCILOR SNYDER RESOLUTION NO. CC-03-05-01-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA WITNESS THAT: WHEREAS, the J.C. Hart Company, Inc. and C.P. Morgan Investment Co., Inc., as Developer have petitioned The City of Cannel, Indiana (hereinafter referred to as "the Municipal Corporation"), for annexation or has filed a consent to annexation for the subdivision and adjacent streets, and has requested authority to construct the public infrastructure within and adjacent to a subdivision, pursuant to the standards imposed by the Municipal Corporation; and, WHEREAS, the Board of Commissioners of Hamilton County on the 25 th day of September, 2000, approved Resolution 09-25-00-03 to establish a procedure for cities and towns to approve, inspect, and maintain public infrastructure within a subdivision even though the subdivision may not yet be annexed into the Municipal Corporation; and, WHEREAS, Indiana Code 36-1-7 allows units of government to enter into interlocal agreements under such terms and conditions as said Municipal Corporations deem advisable. IT IS THEREBY RESOLVED by the Common Council of the Municipal Corporation as follows: 1. That the Interlocal Agreement which is attached hereto is hereby approved. 2. The Municipal Corporation requests the Board of Commissioners of Hamilton County to approve the Interlocal Agreement and to return a fully executed copy of said Agreement to the Municipal Corporaf~on for its files. PASSED by the Commp_n Council of the~ City of Cannel, Indiana this day of March, 2001, by a vote of 5 ayes and & ~ nays· · . un e Robert Battreall Ronald E. Carter COMMON COUNCIL FOR THE CITY OF CARMEL ATTEST: Diana ~ · , , surer Presented by me to the Mayor of the City of Carmel, Indiana the fy/q' day of March, 2001. Diana L. Cordray, ,L~C, Clerk-Tr~rer Approved by me, Mayor of the City of Carmel, Indiana, this F/'~ay o March, 2001. /;e/s~rainard, Mayor ATTEST: · . 5 ~/, e - r ~2eLd BCy~r~71~NaZ~70N & FRANKENBERGER, 3021 East 98th Street, Suite 220, Indianapolis, Indiana 46280; (317) 844-0106 SPONSOR ~ COUNCILOR SNYDER INTERLOCAL AGREEMENT TO TRANSFER THE APPROVAL AND MAINTENANCE OF CERTAIN INFRASTRUCTURE FROM HAMILTON COUNTY TO THE CITY OF CARMEL, INDIANA THIS AGREEMENT shall be effective upon execution by the City of Cannel, Indiana (hereinafter referred to as "the Municipal Corporation") and Hamilton County, Indiana, (hereinafter referred to as "the County"); WITNESS THAT: WHEREAS, the J. C. Hart Company, Inc. and C .P. Morgan Investment Co., Inc. (hereinafter collectively referred to as "the Developer"), are the Developer of the North Haven subdivision, which consists of approximately 44.09 acres at or near the northwest comer of Gray Road and 96m Street, is known as tax mapping parcel(s) 17-14-08-00-00-012.002 and 17-14-08-00-00-012.001, and is currently recorded as instrument number(s) 9362548 and 9809810793; WHEREAS, Developer has initiated procedures for the approval of North Haven office park and multi-family community (hereinafter referred to as "the Subdivision"); and, WHEREAS, the Developer has filed a consent to annexation for the Subdivision in a form which is acceptable to the Municipal Corporation; and, WHEREAS, the Municipal Corporation has agreed to approve the design and to undertake maintenance of the streets, surface water, drainage, and other public infrastructure within the dedicated rights of way and easements of the Subdivision and adjacent existing streets; and, IT IS THEKEBY AGREED by the Municipal Corporation and the County as follows: 1. The Municipal Corporation requests that the Board of Commissioners of Hamilton County and the Hamilton County Highway Department, approve the plat of the Subdivision and agrees to undertake the duties set out herein. 2. The Municipal Corporation agrees, from the date of the approval of this Agreement to be responsible for the following: a. The approval of design of all public streets, storm drainage, and other public infrastructure within the easements and public right of way of the Subdivision and adjacent existing streets to the area to be annexed (other than outlets into or improvements to regulated drains or bridges with spans of twenty (20) feet or greater) (hereinafter referred to as "the Infrastructure"). b. Kequire the dedication of sufficient right of way, non-access easements and drainage and utility easements to construct the infrastructure and in accordance with the appropriate Thoroughfare Plan. c. Require the Developer to get approved construction plans, right of way plans, and construction specifications from the Hamilton County Highway Department for any bridge structure with a twenty (20) feet or greater span -2- being constructed or modified prior to approving any construction or plats which may require additional right of way. These plans shall be separate from the mad and other infrastructure plans. Kequire reasonable improvements from the Developer of any existing bridge (with a twenty (20) foot or greater span) as required by the Hamilton County Highway Deparmaent to accommodate the traffic from the Subdivision. Not allowing the Developer to locate an entrance or decel or accel taper within two hundred (200) feet of an existing bridge (measured from the existing abutment) unless otherwise approved by the Hamilton County Highway Department. The negotiation of any exactions for off site mad improvements for the Subdivision. The inspection of the construction of all of the Infrastructure with an engineer certified statement of construction that any bridges (with a twenty (20) foot or greater span) have been constructed in accordance with the plans and specifications approved by the Hamilton County Highway Department. The acceptance, holding, and release of all performance, and/or maintenance, bonds required by the Ordinances of the City for the Infrastructure. i. The permitting of all activities within the right of way of the Subdivision and adjacent streets for the Developer, utilities, and any other enf~ty requesting to do work or locate in the fight of way. j. Establishment of all traffic controls on the Subdivision streets and the adjacent roads unless otherwise covered by Inte~ocal Agreements. k. The maintenance of all Infrastructure and Traffic control contained in the Subdivision and the adjacent streets. 3. The duties of the Municipal Corporation set out above shall continue from the date of the approval of the this Agreement in perpetuity, whether or not the Subdivision is ever annexed by the Municipal Corporation. 4. The Municipal Corporation is entitled to claim all road mileage within the Subdivision as part of its road inventory and to receive any State or Federal funds resulting therefrom. 5. Hamilton County will waive all Highway Department review fees and permit fees for work covered above except for bridge plan review fees. 6. The Developer, by his signature hereto, acknowledges the terms and conditions of ~4- this Agreement. ALL OF WHICH IS AGREED on the dates set out herein. Dated: Developer: C.P. MORGAN INVESTMENT CO., INC. J.C. HART COMPANY, INC. B~-""'~' John C. Hart, President Dated: Dated: Dated: Dated: Dated: Dated: / THE CITY OF CARMEL, INDIANA BY:n/~i~ · R. Koven ~ y: Robert Battr aU By' / ~ ) ~ By: Ron Carter Dated: By: Wayne Wilson ;"Cl:k.TreasurerT~/~L~ BOARD OF COMMISSIONERS OF HAMILTON COUNTY Steven A. Holt Steven C. Dillinger ATEST: Sharon R. Clark Jon M. Ogle, Auditor This instrument prepared by Charles D. Frankenberger, 3021 East 98m Street, Suite 220, Indianapolis, Indiana 46280. F:\USERS~FORMS\Road Maintenance-Approval Transfer Inte~ocal. WPD -6-