HomeMy WebLinkAboutBPW-03-06-02-02Barrett Law Dup.RESOLUTION NO. BPW-03-06-02-03
A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
AUTHORIZING PAYMENT FROM BARRETT LAW REVOLVING IMPROVEMENT FUND
OF CERTAIN DUPLICITOUS BARRETT LAW ASSESSMENTS
AND ALLOWING THE SELECTION OF ASSESSMENT PAYMENT OPTION
WHEREAS, on September 3, 1997, the Carmel 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, such district encompassing the subdivision
known as "Cool Creek North"; and,
WHEREAS, on 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 May 18, 1998, by its Resolution No. CC-05-18-98-03, the Carmel Common
Council established a "City of Carmel Barrett Law Revolving Improvement Fund ("Fund"); and
WHEREAS, on June 6, 2001, by its Resolution No. BPW 06-06-01-01, the Board accepted the
Project and filed an assessment roll ("Assessment Roll") assessing each parcel of property in the
Improvement District set forth thereon ("Barrett Law Assessment") the sum of Five Hundred Eighty-Five
Dollars ($585.00); and
WHEREAS, the Assessment Roll was prepared from Hamilton County tax records which
contained certain "tax parcels" that do not represent full residential lots, and such tax parcels were
erroneously included thereon; and
WHEREAS, the Assessment Roll should not have assessed a separate Barrett Law Assessment
against the unimproved fractional lots and other small pieces of property that constitute "tax parcels" but
are otherwise considered part of the overall improved residential lot that is subject to its own Barrett Law
Assessment; and
WHEREAS, it is unfair and inequitable to require Improvement District property owners to pay a
second Barrett Law Assessment for their small, unimproved "tax parcels"; and
WHEREAS, the property owners of Parcel No. 16-10-29-01-06-025.000, at 139 Hawthorne
Drive, did not timely receive notice of their Barrett Law Assessment nor have a reasonable opportunity to
chose whether to pay same in a lump sum or in installments.
Page One of Two Pages
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and
Safety that the City pay from the Fund the amount of Five Hundred Eighty-Five Dollars ($585.00) each
for the following Improvement District parcels which constitute small, unimproved parcels that were
erroneously included on the Assessment Roll:
Parcel No. 16-10-29-01-08-024.000
Parcel No. 16-10-29-01-08-012.000
Parcel No. 16-10-29-01-08-032.000
Parcel No. 16-10-29-01-02-017.000
Parcel No. 16-10-29-01-02-020.000
Parcel No. 16-10-29-01-03-004.000
Parcel No. 16-10-29-01-03-015.000
32 Red Oak Lane
233 Red Oak Lane
112 Red Oak Court
403 Tulip Poplar Crest
410 Tulip Poplar Crest
1323 Sumac Court
542 Hawthorne Drive
for a total of Four Thousand Ninety-Five Dollars ($4,095.00), and that the property owners of said parcels
be relieved of and released from their assessment obligation thereon.
BE IT FURTHER RESOLVED that the Improvement District owners of Parcel No. 16-10-29-
01-06-025.000 shall be given ten (10) calendar days from the date of this Resolution, a copy of which
shall be promptly served on same by the City Attorney, to choose their Barrett Law Assessment payment
option and submit their appropriate assessment payment to the Clerk-Treasurer's Office and, upon so
doing, any currently existing "late penalty" fee relating to such Barrett Law Assessment shall be deemed
waived in full.
c_.SO_ RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, this
day of }"//~1~(_.~ ,2002.
Jai~ Brainard, Predidi_ng O ~f~er..r.
M~ry finn Burke, Mcmber~
Date:- 3-~ d-g>~
Billy ~l~Salker, Member
Date: ~ff-~ -~
ATTEST:
D~-a~a £.-Cordr~a~,
Date:
BPW Resolution No. BPW-03-06-02-03
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