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HomeMy WebLinkAboutBPW-05/02/01/01Cool Crk/BarrettRESOLUTION NO. BPW-05-02-01-01 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA, REGARDING FINAL DETERMINATION OF IMPROVEMENT COSTS FOR COOL CREEK NORTH IMPROVEMENT DISTRICT BARRETT LAW PROJECT WHEREAS, on or about September 3, 1997, the Camel Board of Public Works and Safety ("Board") adopted its Resolution No. BPW-09-03-97-03, therein accepting a petition requesting the establishment of an improvement district pursuant to Indiana Code 36-9-38, consisting of a portion of the subdivision known as "Cool Creek North", and generally bounded by the following four intersections: (i) 131st Street and Hawthorne Drive, (ii) 131 st Street and Cool Creek Court, (iii) Tulip Poplar Crest and Smokey Row (East 136th Street), and (iv) Ironwood Drive North and Smokey Row (East 136th Street) ("Improvement District"): and, WHEREAS, on or about August 24, 1998, by its Resolution No. BPW-08-24-98-01, the Board approved the establishment of the Improvement District and the installation of entry signs and ornamental street lighting therein ("Project"); and WHEREAS, on or about September 23, 1998, by its Resolution No. BPW-09-23-98-01, the Board appointed three (3) appraisers ("Appraisers") to assess the benefits and damages of the Project: and WHEREAS, in or about October, 1998, the Appraisers each reported that general benefits will accrue to the City~ special benefits will accrue to each parcel of property in the Improvement District in an amount of at least Six Hundred Fifty Dollars ($650.00) and no damages will accrue to any parcel of property in the Improvement District as a result of the Project; and WHEREAS, On or about May 18, 1998, by its Resolution No. CC-05-18-98-03, the Carmel Common Council established a "City of Camel Barrett Law Revolving Improvement Fund ("Fund") which was initially funded in the amount of Two Hundred Thousand Dollars ($200,000.00); and WHEREAS, the sum of One Hundred Eighty-Eight Thousand Nine Hundred Eighty-Nine Dollars and One Cent ($188,989.01)has been paid from the Fund for costs of the Project; and WHEREAS, the Project has now been completed and the final and total cost of same has been determined to be the sum of One Hundred Eighty-Eight Thousand Nine Hundred Eighty-Nine Dollars and One Cent ($188,989.01); and WHEREAS, the Board, pursuant to IC 36-9-38, must now accept the completed Project, determine the amount of Project benefits that could properly be assessed against and paid by the City from the Fund, and approve notice of a public heating regarding the proposed assessment for each parcel of real property in the Improvement District. NOW, THEREFORE, BE IT RESOLVED by the City of Camel Board of Public Works and Safety, after giving due consideration to the appraisers' reports and all other relevant Project information which it has been provided, as follows: 1. The foregoing recitals are fully incorporated herein by this reference. 2. That the Project is accepted by the City. That it is fight and proper that a Project benefit of Forty-Six Thousand Eight Hundred Twenty-Four Dollars and One Cent ($46,824.01) be assessed to and paid by the City from the Fund towards the cost of the Project improvements. That it is fight and proper that the remaining Project cost of One Hundred Forty-Two Thousand One Hundred Fifty-Five Dollars ($142, 155.00) be assessed against and paid by the property owners of the two hundred forty-three (243) parcels of real property located within the Improvement District, in the P_Lq rata amount of Five Hundred Eighty-Five Dollars ($585.00) per parcel. That the Project assessments to be paid by the owners of parcels located in the Improvement District can either be paid in a lump sum in accordance with law or in ten (10) annual installment payments. That the interest rate on all Project assessment installment payments shall be six and one-half percent (6.5%), compounded annually. That the annual Project assessment installment payment sum shall be One Hundred Nine Dollars and Eighty-One Cents ($109.81) per parcel. That the total monies assessed to the City and the owners of the parcels located in the Improvement District is adequate to cover in full the costs of the Project. That the Notice of proposed assessments attached hereto and incorporated herein as Exhibit A is hereby approved and the City Attorney is hereby directed to serve same on all affected landowners pursuant to law. 10. That a public hearing on the above determinations and proposed assessments to property owners be scheduled, noticed and held on June 6, 2001, beginning at 10:30 a.m., in Council Chambers, Second Floor, City Hall, One Civic Square, Cannel, Indiana. Ja iding Officer Date:-2 -- 'tBi~l~yZ~alkerr,~e~mber Date: ,~fi~,v~--~ ATTES~~ D~ana L. o r y, IAMC, le reasurer DXte: ~ , ~ NOTICE OF PUBLIC HEARING AND REMONSTRANCE FILING DEADLINE REGARDING PROPOSED BARRETT LAW ASSESSMENTS AND BOARD DETERMINATIONS REGARDING PROPERTY LOCATED WITHIN COOL CREEK NORTH IMPROVEMENT DISTRICT NOTICE IS HEREBY GIVEN THAT the Board of Public Works and Safety of the City of Carmel, Indiana (the "Board"), on or about September 3, 1997, adopted its Resolution No. BPW-09-03-97-03, therein accepting a petition requesting the establishment of a Barrett Law improvement district consisting of a portion of the subdivision known as "Cool Creek North", and generally bounded by the following four intersections: (i) 131st Street and Hawthorne Drive, (ii) 131st Street and Cool Creek Court, (iii) Tulip Poplar Crest and Smokey Row [East 136th Street], and (iv) Ironwood Drive North and Smokey Row [East 136th Street] ("Improvement District"). On or about August 24, 1998, by its Resolution No. BPW-08-24- 98-01, the Board approved the establishment of the Improvement District and the installation of entry signs and ornamental street lighting therein (the "Project"). NOTICE IS HEREBY GIVEN THAT the Project has now been completed and that the final and total cost of same has been determined to be the sum of One Hundred Eighty-Eight Thousand Nine Hundred Eighty-Nine Dollars and One Cent ($188,989.01). The Board, on or about May 2, 2001, by its Resolution No. BPW-05-02-01-01, accepted the Project, determined and proposed the amount of Project benefits that should properly be assessed against and paid by the City from its Barrett Law Revolving Improvement Fund to be Forty-Six Thousand Eight Hundred Thirty-Four Dollars and One Cent ($46,834.01), that the remaining Project cost of One Hundred Forty-Two Thousand One Hundred Fifty- Five Dollars ($142,155.00) should be assessed against and paid by the owners of the two hundred forty- three (243) parcels of real property located within the Improvement District, in the pro rata sum of Five Hundred Eighty-Five Dollars ($585.00) per parcel, that the total monies assessed to and available from the City and the property owners of the real property located in the Improvement District are adequate to cover the full costs of the Project, that the owners of property located in the Improvement District can either pay their assessment(s) in one (1) lump sum or in ten (10) annual assessment installment payments, that the interest charged on such assessment installment payments should be six and one- half percent (6.5%), compounded annually, and that the annual assessment installment payment sum should be One Hundred Nine Dollars and Eighty-One Cents ($109.81) per parcel. The Board also approved this Notice and directed that it be sent to all affected property owners. NOTICE IS ALSO HEREBY GIVEN THAT: a) The assessment roll setting forth the proposed assessment for each parcel of real property located within the Improvement District, as well as copies of the Board Resolutions 1 Dated identified in this Notice, are on file and can be reviewed in the Board's Office, located adjacent to the Mayor's Office, Third Floor, City Hall, One Civic Square, Carmel, Indiana, during normal office hours. b) The Board will receive written remonstrances against the proposed assessments described hereinabove up until 4:00 p.m. Carmel time on Tuesday, June 5, 2001. All remonstrances shall be addressed to the Board and delivered to the Board's Office, located adjacent to the Mayor's Office, Third Floor, City Hall, One Civic Square, Carmel, Indiana 46032. No remonstrances will be accepted or considered by the Board if received by the Board after 4:00 p.m. Carmel time on June 5, 2001. c) The Board will hold a public hearing at 10:30 a.m. on Wednesday, June 6, 2001, in Council Chambers, Second Floor, Carmel City Hall, One Civic Square, Carmel, Indiana. At that hearing, the Board will only hear owners of assessed real property located within the Improvement District who have timely filed a written remonstrance against the assessments at issue herein. d) Following such hearing, the Board shall make a determination that will increase, decrease or confirm each proposed Project assessment by causing the assessment amount determined by the Board to be set opposite each property owner's name and parcel number on the assessment roll, shall determine the amount of Project costs to be assessed to and paid by the City, shall determine the manner in which the City will pay its Project assessment, shall determine whether property owner assessments may be paid in one (1) lump sum and/or in one (1), five (5), ten (10), fifteen (15) or twenty (20) equal annual installments, and shall set the maximum rate of interest to be charged on such annual installments. The Board shall also then sign and certify the assessment roll and deliver it to the Carmel Clerk-Treasurer, which action shall constitute a final and conclusive Board determination of the Project benefits or damages assessed against the owners of parcels of real property located in the Improvement District. Such assessments shall be a lien on the real property assessed. ,2001 Board of Public Works and Safety of the City of Carreel, Indiana By: Presiding Officer 2