HomeMy WebLinkAboutBPW-07-05-01-03 Brooksh.BarrettRESOLUTION NO. BPW-07-05-01-03
A RESOLUTION OF THE CITY OF CARAMEL BOARD OF PUBLIC WORKS AND SAFETY
APPROVING THE ESTABLISHMENT OF AN IMPROVEMENT DISTRICT AND
THE INSTALLATION OF ORNAMENTAL STREET LIGHTING IN SECTIONS ONE
AND TWO OF BROOKSHIRE NORTH SUBDIVISION
WHEREAS, I.C. 36-9-38 (the "Act") permits the Board of Public Works and Safety of the City of
Camel, Indiana (the "Board") to establish within the boundaries of the City of Carreel, 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 May 2, 2001, the Board adopted a resolution (the "Declaratory Resolution")
accepting a petition requesting the establishment of an improvement district pursuant to the Act, consisting of
a portion of the area known as that portion of Sections One and Two of the Brookshire North Subdivision as is
identified by Section One lot numbers 1 through 14, inclusive, 20 through 27, inclusive, and 64 through 80,
inclusive, and Section Two lot numbers 15 through 19, inclusive, which lots generally abut 131~t SWeet,
Andover Drive, Andover Circle and/or Peppermill (a/k/a "Andover") Court (the "District"); and
WHEREAS, the Petition was signed by sixty percent (60%) or more of the owners of the parcels of
real property in the proposed District and requests, pursuant to the Act, the installation, maintenance, and
operation of a system of ornamental 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 of real property in the District is Twenty-Seven Thousand Dollars
($27,000.00), with no estimated annual cost of operating the Project payable from such assessments, and (ii)
general plans and specifications for the Project (the "Plans"); and
WHEREAS, pursuant to the Act, the City of Carmel 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
hearing on this matter (the "Public Hearing") would be held on July 5, 2001 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, establish the District and order the completion
of the Project; and
WHEREAS, pursuant to the Act, at least twenty-one (21) days prior to July 5, 2001, 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 July 5,2001, the Board conducted the Public Hearing, at which all interested persons
who desired to address the Board were heard as to: (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 properly specially
benefited or damaged by the Project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of
Carmel, Indiana, as follows:
Prepared by Douglas C. Haney, Carrnel City Attorney
1. The Board hereby finds that the Petition is sufficient, the required Notice of the Public Hearing 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 Twenty-Seven Thousand Dollars ($27,000.00), with no estimated
annual costs of operating the Project payable from such assessments.
3. The Board further hereby finds and determines that the District contains all of the property
specially benefited or damaged by the Project and that the special benefits accruing to the property liable to be
assessed for the Project are equal to or greater than such estimated cost.
4. The Declaratory Resolution is hereby confirmed 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.
5. The Bond hereby recites: (1) that all real property within the District is subject to 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.
6. 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.
7. 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.
Mary An~nurke, Member
ATTEST:
Resolution No. BPW-07-05 -01-03
Page T~vo of Two Pages
Prepared by Douglas C. HaneZ, Carrnel City Attorney
[Z ',Law/E Bass/My Doeuments/BPW-Resohtions year 20Ol/Brookshire Establish District doc7/3/01 ]
CERTIFICATE OF SERVICE
Pursuant to I.C. 36-9-38-26, the undersigned hereby certifies that copies of the Notice To Public
Hearing, attached hereto as Exhibit A, were served by depositing same, on June 1, 2001, in the United
States mail, first class postage prepaid, addressed to those persons or entities listed on Exhibit B attached
hereto.
B~ C. Haney, Carmel City Attorney7
NOTICE OF PUBLIC HEARING
CONCERNING A RESOLUTION APPROVING THE INSTALLATION OF AN ORNAMENTAL STREET LIGHTING
SYSTEM IN THE BROOKSHIRE NORTH SUBDIVISION
Notice is hereby provided that the Board of Public Works and Safety of the City of Carmel,
Indiana (the "Board"), on May 2, 2001, adopted a resolution (the "Resolution") preliminarily approving a
petition (the "Petition"), filed pursuant to I.C. 36-9-38, requesting the establishment of an improvement
district (the "District") and the installation, maintenance, and operation of a system of ornamental street
lights in the District (the "Project"). The District consists of real property parcels located in a portion of
the subdivision known as "Brookshire North, Sections One and Two, as identified by Section One lot
numbers 1 through 14, inclusive, 20 through 27, inclusive and 64 through 80, inclusive, and by Section
Two lot numbers 15 through 19, inclusive, which lots generally abut 13 1~t Street, Peppermill Court (a/k/a
"Andover Circle"), Andover Drive and/or Andover Court in Carmel, Indiana. A set of Project plans (the
"Plans") has been prepared. The real property in the District will be assessed benefits or damages related
to the Project pursuant to I.C. 36-9-38. The estimated cost of the Project payable from such assessments is
$32,000.00, and the annual costs of operating the Project payable ~'om such assessments is $-0-.
The Board will hold a public heating at 10:30 a.m. on Thursday, July 5, 2001, in Council
Chambers, Second Floor, Carmel City Hall, One Civic Square, Carmel, Indiana, at which time the owners
of real property in the proposed District, or their representatives, and all other interested persons, may be
heard on the question of the establishment of the District. Following this heating, the Board will decide
whether the benefits to the property liable to be assessed for the Project will equal the estimated cost of
the Project, and may take final action establishing the District and ordering the completion of the Project.
Copies of the Resolution (including a copy of the Petition submitted in support of the Project), the
Plans and information regarding the estimated costs related to the Project are on file and open to public
inspection at the offices of the Carmel City Attorney, located on the Third Floor of Carreel City Hall, One
Civic Square, Carmel, Indiana.
Dated: June 1, 2001
BOARD OF PUBLIC WORKS AND SAFETY OF
THE CITY OF CARMEL, INDIANA
CHaney, Carmel City Attorney ~
Parcel Number
16-10-29-04-04-003.000
16-10-29-04-04-002.000
16-10-29-04-04-001.000
16-10-29-04-01-001.000
16-10-29-04-01-002.000
16-10-29-04-01-003.000
16-10-29-04-04-019.000
l 6-10-29-04-04-018.000
16-10-29-04-03-016.000
16-10-29-04-04-017.000
16-10-29-04-04-016.000
16-10-29-04-03 -017.000
16-10-29-04-04-015.000
16-10-29-04-03-018.000
16-10-29-04-04-014.000
16-10-29-04-03 -019.000
16-10-29-04-03-020.000
16-10-29-04-04-013.000
16-10-29-04-03-021.000
16-10-29-04-04-012.000
16-10-29-04-03-022.000
16-10-29-04-04-011.000
16-10-29-04-03-023.000
16-10-29-04-03-024.000
16-10-29-04-04-007.000
16-10-29-04-03-024.000
16-10-29-04-04-006.000
16-10-29-04-04-005.000
16-10-29-04-03 -025.000
15-10-29-04-04-004.000
16-10-29-04-03-025.000
16-10-29-04-03-027.000
15-10-29-04-03-028.000
15-10-29-04-01-004.000
16-10-29-04-01-005.000
16-10-29-04-03-029.000
16- t 0-29-04-01-006.000
15-10-29-04-03-030.000
15-10-29-04-01-007.000
16-10-29-04-03 -001.000
15-10-29-04-04-010.000
16-10-29-04-04-009.000
16-10-29-04-04-008.000
15-10-29-04-01-008.000
Street Address
United Methodist Church / Wooderd & Kim Whim
Alfred & Mamia Capuano
Gerald & Margaret Ban
Judson & Diane Brouse
Jeffrey & Melissa Zipes
Raymond & Gachia Hoefer
Steven & Peggy Latta
Kathleen F. Hurley
Ward E. Poulos
Richard & Anne Leighton
Paul & Ruth Nisenthal
David & Julia Handel
Douglas & Carolyn Clark
Donald & Teresa Harris
Wilhelm & Jane Brigram
James & Kathleen Gurzynski
Byron Koch & Susan Morrison
Raymond F. Degrella
Sheela Nilam Yadav
Donald & Karen Finney
Steve Schultz Builder, Inc. Gail Frederick Pool
Matthew & Karen Albean
Mark & Kelli Romaniuk
Mark & Kelli Romaniuk
Ken & Victoria Yamasaki
Martin & Susan Johnson
James A. Bridenstine
William & Elisabeth Young
Bradley D. Tubbs
Stevenson Joshua Hill
Steven & Jacqueline Holloway
Charles & Frances Shoup
Scott & Sepideh Crawford
Mark & Debra Brinkman
David & Heidi Hyman
Robert & Eileen Vanhorn
Kevin & Erika Sievert
Richard & Charyl Saucedo
James & Christine Wetzel
Patrick D. McClellan
John & Emily Giesel
Jerome & Kristine Wiebelhaus
Timothy & Lisa O'Leary
James & Suzanne Leibrock
Owner(s)
13012 Andover Court
13016 Andover Court
13020 Andover Court
13022 Andover Court
13024 Andover Court
13026 Andover Court
12804 Andover Dnve
12818 Andover Drive
12825 Andover Drive
12832 Andover Drive
12846 Andover Drive
12853 Andover Drive
12860 Andover Drive
12867 Andover Drive
12874 Andover Drive
12883 Andover Drive
12899 Andover Drive
12902 Andover Drive
12909 Andover Drive
12916 Andover Drive
12923 Andover Drive
12930 Andover Drive
12937 Andover Drive
12937 Andover Drive
12958 Andover Drive
12965 Andover Drive
12972 Andover Drive
12984 Andover Drive
12997 Andover Drive
12998 Andover Drive
13005 Andover Drive
13019 Andover Drive
13033 Andover Drive
13040 Andover Drive
13054 Andover Drive
13061 Andover Drive
13068 Andover Drive
13075 Andover Drive
13082 Andover Drive
13089 Andover Drive
12936 Peppermill Court
12944 Peppermill Court
12952 Peppermill Court
13080 Brookshire Parkway
Form Prescribed by State Board of Accounts
ll.--' cou.ty,,nd,an.
LINE COUNT
General Form No. 99P {Revised 2001}
Display Matter (Must not exceed two actual lines, neither of which shall
total more than four solid lines of type in which the bedy of the
adverttsment is set} -- number of equivalent lines ........................
Head -- number of lines .............................................
Body -- number of lines .............................................
Tall -- number of lines ..............................................
Total number of lines in notlee ............ ~ .......................
COMPUTATION OF CHARGES
fi)~ lines, / columns wide equals / {~(~ equivalentlines
at 'Jd,,~eents per line .........................................
Additional charge for notices containing rule or tabular work (50 percent of above amount) .....................................
'rcrrA~ Auour,n' OF C~AIM ......................................$ ~:2~.
DATA FOR COMPUTING COST
WIdth of single column ~' ./ ems
Number of insertions. /
Size of type ~ point
Pursuant to the provisions and penalties of Chapter 155, Acts 1953,
I hereby certify that the foregoing account is Just and correct, that the amount claimed is
Title: Publishers
/~ .20
PUBL1SHER'S AFFIDAVIT
State of Indiana
Hamilton County '
Personally appeared before me, a nolary public in and for said county and
state, the undersigned Davi~i L, Lewis who, being duly sworn, says that he
is Publisher of The Dally Ledger a daily newspaper of general circulation print-
ed and published In the English language in the town of Fishers In state and
county aforesaid, and that the printed matter attached hereto Is a tree copy,
which was du y pub shed n sad paper for. / __time , the date of pub-
lieat!on being as follows:
Subscribed and sworn to before me this __ / ,~ dayof~,/~&~_20C)/.
My commtseion expires ,//' ~J~' t~ ~ ~/