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HomeMy WebLinkAboutCC-12-02-02-05 2000 ClaimsSPONSOR(S): Councilor Wayne Wilson RESOLUTION NO. CC-12-02-02-05 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AUTHORIZING THE PAYMENT OF FISCAL YEAR 2000 CLAIMS FROM FISCAL YEAR 2002 FUNDS WHEREAS, the City currently has three (3) outstanding invoices for the provision of legal services relative to the 2000 Parkwood West TIF project; and WHEREAS, these invoices are as follows: Invoice #621409, dated October 31, 2000 ($2,982.00), Invoice #625917, dated November 30, 2000 ($4,478.50) and Invoice #628537, dated December 20, 2000 ($1,852.50), copies of which are collectively attached hereto as Exhibit A (the "Invoices); and WHEREAS, the Carmel Redevelopment Commission ("CRC"), at its last meeting in December, 2001, declined to pay these Invoices, thereby necessitating their payment by the Department of Law; and WHEREAS, the City Attorney believes that the Invoices constitute proper expenses of the CRC; and WHEREAS, in February, 2002, the City Attorney inquired of CRC's counsel as to whether the CRC would reconsider its earlier payment decision and sought to have the Invoices paid from the 2002 proceeds of the TIF project bonds, but has received no indication that the CRC will reconsider its earlier payment decision; and WHEREAS, the City Attorney is now desirous of paying the Invoices and has exhausted all other avenues of payment; and WHEREAS, the Legal Department budget has sufficient funds to pay the Invoices and has submitted a claim ("Claim") that will finally resolve this matter; and WHEREAS, the Common Council now wishes to facilitate the payment of the Claim. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section I: The City of Carmel approves the payment of the Claim, in the total amount of Nine Thousand Two Hundred and Thirty Dollars ($9,230.00), from Law Department Line Item 430-40000 - Legal Fees. Page One of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Wayne Wilson X. PASSED by the Common Council of the City of Carmel, Indiana, this ~ day of ayes and ~,~_~ 2002, by a vote of ~ ~ nays. COMMON COUNCI~FOR THE CITY OF CARMEL, INDIANA P~sidil~g Officer Wayne Wils(~n, P~.resident Pro Tempore ~ohn R. Ko.~'~ ~ .,o /'~ N.L. Rundle /RobertJ~'e~ll /~gffa'Yd'E. Carter Luci Sny er AT~E~~ r Diana L. Cordray, IAMC, C~-Treasure Presented by me to the Mayor of the City of Carmel, Indiana, this.,~day of 2002, at q~-~2~ o'clockS. M. Diana L. Cordray, IAMC, ~le~Treasurer Approved by m..e, Mayor of the City of Carmel, Indiana, this~ day of ]-~c~'~t'q-z' 2002, at ¢"~t¢"- o'clock,~.M. ~mes t~rainard, Mayor ATTEST: Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney 'BARNES ~ THORNBURO ll SOUTH MERIDIAN STREET INDIANAPOLIS, IND1ANA 46204-3535 U.S,A, E.I.N, 35.0900596 CITY OF CARMEL DOUG HANEY, CITY ATTOPuNEY ONE CIVIC SQUARE CARMEL, IN 46032 October 31, 2000 Invoice No. 621409 For legal services rendered in connection with the following matter through the month of September 2000 as described on the attached summary. 00004288-000035 PARKWOODWEST TIF $ 2,982.00 TOTAL DUE THIS STATEMENT $ 2,982.00 Please remit payments, including a copy of this invoice to Barnes & Thornburg, Accounting Department, SourE Meridian Street, Indianapolis Indiana 46204-3535 U.S.A. and include invoice number on your remittance. 00004288-000035 09/01/00 B. Donaldson 09/06/00 B. Donaldson 09/13/00 B. Donaldson 09/14/00 B. Donaldson 09/15/00 B. Donaldson 09/25/00 B. Donaldson CITY OF CARMEL pARKWOOD WEST TIF Reviewed documents from McHale, Cook & Welsh and had phone calls with Sue Beesley and CriS johnston, regarding establishment of TIF area for Parkwood West development. Reviewed memo from developer's counsel regarding federal tax issues in structuring TIF transaction; had phone call with Shaver regarding needed economic development plan. Conferred with Bob Falk of Duke-Weeks and Mike Shaver concerning establishment of TIF area for Parkwood West development. Had multiple phone calls with Shaver regarding status of existing TIF areas in Carmel and proposed new TIF area; had email exchange with Mayor regarding need for economic development plan. Had phone call with developer's counsel to discuss gax issues on land acquisition and eligibility of proposed improvements for tax-exempt financing; had call with Cris johnston to discuss tax issue and use of TIF proceeds for land acquisition- Had phone calls with Duke representative regarding working group conference call; had phone conversation with Shaver and began reviewing current status of existing TIF areas. .8O .7O .40 .5O .6O .80 212.00 185.50 106.00 132.50 159.00 212.00 PAGE 09/27/00 B. Donaldson 00004288-000035 CITY OF CARMEL PARKWOOD WEST TIF 09/26/00 T. Riffle Reviewed bond and 1.40 disguised sale issues. 09/26/00 B. Donaldson Reviewed integrated 5.50 economic development plan from Shaver; reviewed and considered tax issues in connection with right-of-way acquisition; reviewed materials from Duke; prepared for and attended meeting and conference call at McHale cook & Welsh with Duke representatives and counsel and Cris Johnston to discuss various issues in connection with proposed TIF; had multiple follow up calls with Johnston and Shaver; had meeting with Shaver to discuss the various issues and begin work on economic development plan; had phone call with Mayor's office to arrange meeting with Mayor. Continued to consider tax and other issues relating to improvements that may be financed with TIF bond proceeds for Parkwood West project. .50 385.00 1457.50 132.50 . ........................... TIME AND FEE SUMMARY ......................* . .......... TIMEKEEPER ......... * RATE HOURS FEES T. Riffle 275.00 1.40 385.00 B. Donaldson 265.00 9.80 2597.00 TOTALS 11.20 2982.00 BARN£S ~ THORNBURG CITY OF CARMEL THE HONORABLE JAMES C. BRAINARD MAYOR, CITY OF CARMEL ONE CIVIC SQUARE CARMEL, IN 46032 November 30, 2000 Invoice No. 625917 PAYABLE UPON RECEIPT For legal services rendered in connection the following matter through the month of October as described on the attached summary. 00004288-000004 RESEARCH ON MUNICIPAL ~AW Other Charges Copying Charges TOTAL DUE THIS STATEMENT 00004288-000004 CITY OF CARMEL RESEARCH ON ~/3NICIPAL LAW lo/o2/oo lO/O3/OO B. Donaldson B. Donaldson ~ad phone call with Shaver regarding meeting with Mayor and other initial issues in connection with establishing new TIF area; had phone call with Duke-Weeks representative regarding conference call. Reviewed revised project cost and timing estimates from Duke-Weeks and forwarded information to Mayor; had additional email correspondence with Mayor and financial advisor. .30 .80 79.50 212.00 00004288-000004 ~10/04/00 B. Donaldson CITY OF CARMEL RESEARCH ON MUNICIPAL LAW plrsonal property tax abatement. R~viewed memo prepared by developer's counsel regarding land ac~.-isition issues and k~d Rhon~ =a&~ with developer's counsel; reviewed file, prepared for and attended meeting with Mayor, Mike Shaver and Cris Johnston to discuss City's position on improvements to be funded from TIF. PAGE 2 4.20 1113.00 10/05/00 z0/09/00 E. Donaldson B. Donaldson -Had-~ultiple phone calls with Cris Johnston; prepared for and participated in conference call with Johnston and developer's counsel to discuss initial issues concerning projects to be funded from-TIF and initial TIF funding estimates; had follow up call with Shaver. Reviewed first draft of TIF numbers and project budget prepared by Cris Johnston; prepared for and participated in conference call wi~h Duke representatives, Duke counsel and Johnston; had 1.40 371.00 1.70 450.50 PAGE 4 00004288-000004 10/11/00 B. Donaldson 10/12/00 B. Donaldson 10/13/00 B. Donaldson CITY OF CARMEL RESEARCH ON MUNICIPAL LAW Staehler, (City of Carmel) Keith Gambrel, Jay Benjamin and Arlene Maheny (Katz Sapper & Miller) regarding same; worked on document retrieval of letters from IRS regarding exemption to file referenced in 1997 letter from Benjamin to Diana Cordray. Prepared for and attended meeting with Mayor, Johnston and Duke representatives to discuss Parkwood TIF project; left follow up phone message with Shaver. Exchanged voice'mails and had phone conference with Shaver to discuss various issues in connection with the establishment of Parkwood TIF area and preparation of economic development plan. Had phone call with Shaver regarding economic development plan issues. 3.50 .4O .2O 927.50 106.00 53.00 000042B8-000004 CITY OF CARMEL RESEARCH ON MUNICIPAY~ LAW PAGE lo/19/oo B. Donaldson Had phone call wi~h developer's counsel regarding details on establishing economic development area and proposed timetable; had multiple phone calls wi~h Karl Haas, counsel to Redevelopmen~ Commission, and Mike Shaver; began work on initial documents for establishing TIF area. 1.80 477.00 PAGE 7 000042S8-000004 CIl~ OF CARMEL REsF~CH ON M~CIPAJ. LAW lO/3O/OO B. Donaldson developer's counsel ~nW ' Mike~haver regarding needed approvals and economic development plan issueS. .50 132.50 io/~i/oo B. Donaldson ~aa phone calls w~Ch Lucy snyder, Cris Johns=on, pece Miller and Mike shaver Lega=ding esgablishmen= of TIF discric= for Parkwood Wes= and needed approvals from Redevelopmen= commission. .BO 21~u00 00004288-000004 CITY OF CARMEL RESEARCH ON MUNICIPAL LAW PAGE 8 . ........................... TIME AATD FEE SUMMARY ...................... * .......... TIMEKEEPER ......... * RATE HOURS FEES L. Strobte 295.00 .70 206.50 N. Steinbart 260.00 3.60 936.00 B. Donaldson 265.00 34.80 9222.00 R. Rall 2t0.00 .30 63.00 B. Burdick 175.00 9.50 1662.50 J. Ullom 115.00 5.50 632.50 TOTALS 54.40 12722.50 ~ARN~$ (~ THORNBURG 11 SOIjTH MERIDIAN STREET INDIANAPOLIS. INDIANA 46204-3535 U.S.A. F-I.N. CITY OF CARMEL THE HONORABLE JAMES C. MAYOR, CITY OF CARMEL ONE CIVIC SQUARE CARMEL, IN 46032 December 20, 2000 Invoice No. 628537 PAYABLE UPON RECEIPT For legal services rendered in cOnnection with the following matter through the month of Novgmber 2000 as described on the attached summary. 00004288-000004 RESEARCH ON MUNICIPALLAW Other Charges Copying Charges Telecopy Charges TOTAL DUE THIS STATEMENT Please remit pavmehcs, including a copy of this invoice to Barnes & ']'homburg, 11 South Meridian Street, Indianapolis, Indiana 46204-3535 U.S.A. and include invoic 00004288-000004 CITY OF CARMEL RESEARCH ON MUNICIPAL LAW ii/oi/oo B. Donaldson Had phone calls wi~h Karl Haas and Mike Shaver regarding preparations for Redevelopment Commission meeting to authorize TIF process for Parkwood West. .3O 79.50 ll/o3/oo ii/o7/oo B. Donaldson H. Donaldson Worked on~ Carmel matters redevelopment ~ommisston issues and Duke TIFmatters; Prepared forand had meeting with Mayor Brainardregarding same. Prepared let=er to Redevelopment Commission outlining scope'of services for Parkwood West TIF project. Revised letter 2o Redevelopment Commission summarizing scope of work in connection with establishment of TIF area, and had phone calls with Shaver in connect/on therewith; finalized and faxed letter =o Shaver. .30 .5O 79.50 132. 00004288-000004 11/08/00 B. Donaldson CITY OF CARMEL RESEARC~ ON MUNICIPAL LAW Had phone calls with Cris Johnston and Redevelopment Commission office regarding Commission meeting; had phone calls with Shaver; % prepared f~r and a~=ended~ .. ~eet ,i~.g o~ '~ommission' to dtscus~ ' '.Barkwood West TIF PAGE 4.50 1192.50 00004288-000004 CITY OF CARMEL RESEARCH ONMUNICIPALLAW regarding issues relaCed to same. PAGE 4 . ........................... TIME AND FEE SDI~4A~Y ......................* · .......... TIMEKEEPER ......... * PATE HOURS FEES B. Donaldson 265.00 7.50 1987.50 B. Burdick 175.00 10.20 .1785.00 J. Ullom 115'.00 12.50 1437.50 TOTALS 30.20 5210.00