HomeMy WebLinkAboutBPW-12-04-02-04 Barrett LawRESOLUTION NO. BPW-12-04-02-04
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 Cannel 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, Glenn and Amelia Ross, the property owners of Parcel Nos. 16-10-29-01-08-
030.000 and 6-10-29-01-08-031.000, with a street address of 112 Red Oak Court, paid Eighty-one Dollars
and Thirty-eight Cents ($81.38) each for these parcels, as well as Five Hundred Eighty-Five Dollars
($585.00) for a parcel assessment on Parcel No. 16-10-29-01-08-032.00, despite the fact that all three (3)
parcels constitute the same residential lot.
Page One of Two Pages
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and
Safety that the City reimburse from the Fund the amount of One Hundred Sixty-two Dollars and Seventy-
six Cents ($162.76) for the Ross' duplicitous payments on Parcel Nos. 16-10-29-01-08-30.000 and 16-10-
29-01-08-031.000, and that the City pay from the Fund the assessments on said Improvement District
parcels, which were erroneously included on the Assessment Roll, and that the property owners of said
parcels be relieved of and released from their assessment obligation thereon.
SO RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, this
day of ,2002.
f
d~rainard, Presiding Officer
Date: /b? - 5/ - 02
Mary AnVBurke, Member
Date: / ] 0 ~'q ~' E) ~
Diana L. Cord~ - 'ray~ ~I~ylf.~.,,Clerk-Treasurer
Date:
BPW Resolution No. BPW-12-04-02-04
Page Two of Two Pages