HomeMy WebLinkAboutBPW-02-18-04-01 Brooksh BarrettRESOLUTION NO. BPW-02-18-04-01
A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF
CARMEL, INDIANA. APPROVING THE APPOINTMENT OF APPRAISERS AND
ACCEPTING APPRAISALS, APPROVING EXPENDITURE OF PROJECt[ FUNDS AND
ACCEPTING PROJECT. AND REGARDING A FINAL DETERMINATION OF
IMPROVEMENT COSTS FOR BROOKSHIRE NORTH IMPROVEMENT DISTRICT
BARRETT LAW PROJECT
WHEREAS. Indiana Code 36-9-38 (the "Act") permits the Board of Public Works and Safety of
the City of Carmel. Indiana [the "Board" m establish within the boundaries of the City of Carmel, Indiana
(the "City"), improvement districts ro provide for the consauction of certain public improvements and to
assess the cost of completing such improvements against those property owners who benefit from the
constructed improvements: and
WHEREAS. on May 2. 2001. the Board adopted a resolution (the "Declaratory Resolution")
accepting a petition ~ the "Petition") requesting: (i) the establishment of an improvement district pursuant
to the Act. consisting of a portion of the area generally 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 aumbers 15 through 19.
inclusive, which lots generally abut 131s~ Street. Andover Drive, Andover Circle and/or Peppermill (a/k/a
"Andover"~ Court, in Carmel, Indiana (the "District'). and (ii) the installation, maintenance and operation
of a system of ornamental street lighting in the District (the "Project"); and
WHEREAS, following a public hearing held on July 5. 2001, the Board adopted a resolution
which (i) confirmed the Declaratory Resolution and established the District as an improvement district
pursuant m the Act, (ii) approved the plans for the Project and ordered the completion of the Project, and
~iii) found that ail real property within the District is subject to assessment of special benefits and damages
by appraisers appointed by the Board pursuant to the Act and that the assessments are subject to review in
a hearing before the Board: and
WHEREAS. on May 1, 2002. the Board appointed apprmsers Don Dunkerly, Craig Kaiser and
Tom Jones to assess the special and general benefits and/or damages to accrue from the Project, pursuant
to IC 36-9-38-22: and
and
WHEREAS, the City Attorney subsequently replaced apprmser Kaiser with appraiser Jerry Willis:
WHEREAS, Appraisers Dunkerly, Willis and Jones have now each reported that general benefits
will accrue to the City, special benefits will accrue m each parcel o£ residential property in the District in
an amount of at least Five Hundred Eighty Dollars t$580.00) and no damages will accrue m any parcel of
property in the District as a result of the Project; and
Page One of Three Pages
WHEREAS, the Project has now been completed and the final and total cost of same has been
determined to be the sum of Thirty-Eight Thousand Three Hundred One Dollars and Thirty-One Cents
($38,301.31); and
WHEREAS, the Board, pursuant to IC 36-9-38, must now accept the appraisals and the
completed Project, determine the amount of Project benefits that could properly be assessed against and
paid by the City from the City of Carmel Barrett Law Revolving Improvement Fund (the "Fund"), and
approve notice of a public hearing regarding the proposed assessment for each residential parcel of real
property in the District.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City
of Carmel, Indiana, after giving due consideration to the Appraisers' reports and ail other relevant Project
information which it has been provided, as follows:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. The Board hereby determines, pursuant to IC 36-9-38-24, that the estimated total cost of the
Project is Thirty-Eight Thousand Three Hundred One Dollars and Thirty-One Cents ($38,301.31).
3. The Board hereby further determines that a portion of the total cost of the Project, in the amount
of Five Hundred Eighty Dollars ($580.00) per parcel of residential property, for a total amount of Twenty-
Four Thousand Nine Hundred Forty Dollars ($24,940.00); shall be payable ~rom assessments levied
against each residential parcel of real property in the District identified on Exhibit A, attached hereto and
incorporated herein (the "Assessed Costs").
4. The Board hereby ratifies and approves the appointment of Appraiser Willis to replace
Appraiser Kaiser, accepts the appraisals for the Project, and determines that, pursuant to such appraisals,
the amount of special benefits to accrue to the parcels of real property in the District exceeds the Assessed
Costs.
5. The Board hereby finds that benefits will accrue to the City from the Project and that the costs
of the Project, other than the Assessed Costs (the "City Costs") should be paid by the City.
6. The Board hereby finds that the payment of the total estimated cost of the Project from the Fund
has facilitated the initiation, progress and completion of the Project.
7. The Board hereby finds that it is right and proper that a Project benefit of Thirteen Thousand
Three Hundred Sixty-One Dollars and Thirty-One Cents ($13,361.3D be assessed to and paid by the City
from the Fund towards the cost of the Project.
8. The Board hereby finds that it is fight and proper that the remaining Project cost of Twenty-
Three Thousand Nine Hundred Forty Dollars ($23,940.00) be assessed against and paid by the property
owners of the forty-three (43) parcels of residential real property located within the District and identified
on attached Exhibit A, in the pro rata amount of Five Hundred Eighty Dollars ($580.00) per parcel, and
BPW Resolution No. BPW 01-21-04-01
Page Two of Three Pages
that no assessment be made against Parcel No. 16-10-29-04-03-023.000, since the owners thereof will be
assessed hereunder on their abutting Parcel No. 16-t0-29-04-03-024.000, both parcels comprising only
one (1) actual residential property within the District.
9. The Board hereby finds that the Project assessments to be paid by the owners of the residential
parcels located in the District can either be paid in a lump sum in accordance with law or in five (5)
annual installment payments, the interest rate on all Project assessment installment payments being six
percent (6%), compounded annually.
10. The Board hereby determines that the annual Project assessment installment payment sum
shall be One Hundred Thirty-Seven Dollars and Sixty-Nine Cents ($I37.69) per parcel assessment.
11. The Board hereby finds that the total monies assessed to the City and the owners of the
residential parcels located in the District is adequate to cover in full the costs of the Project.
12. The Board hereby approves the notice of proposed assessments ("Notice") attached hereto and
incorporated herein as Exhibit B.
13. The Board hereby directs the City Attorney to serve the Notice on all affected landowners
pursuant to law.
14. The Board hereby directs that a public hearing on the above determinations and proposed
assessments to District real property owners be scheduledl noticed and held on or about March 17, 2004,
beginning at 10:00 a.m., in Council Chambers, Second Floor, City Hall, One Civic Square, Carmel,
Indiana.
SO RESO~LVED by the Board of Public Works and Safety of the City of Cannel, Indiana, this _
l [~day of V~.-~O cct~4--~) ,2004.
James Brainard, Presiding Officer
Date:
Caa~eY: Ann ~drke' ~_M~bT/~O p'~
l~iana L. Cordray, tA~Clerk-Treasurer
BPW Resolution No. BPW 01-21-04~01
Page Three of Three Pages
Parcel Number Street Address Owner(s)
16-10-29-04-04-003.000 United Methodist Church / Wooderd & Klm White 13012 Andover Court
16-10-29-04-04-002.000 Alfred & Marcia Capuano 13016 Andover Court
16:10-29-04.04.001.000 Gerald & Margaret Ban 13020 Andover Court
16-10-29-04.01-001.000 Judson & Diane Brouse 13022 Andover Court
16-10-29-04-01-002.000 Jeffrey & Melissa Zipcs 13024 Andover Court
16-10-29-04-01-003.000 Raymond & Gaehia Hoefer 13026 Andover Court
16-10-29-04-04-019.000 Steven & Peggy Latta 12804 Andover Drive
16-10-29-04.04.018.000 Kathleen F. Hurley 12818 Andover Drive
16-10-29-04-03-016.000 Ward E. Panlos 12825 Andovar Drive
16-10-29-04.04.017.000 Richard & Anne Leighton 12832 Andovcr Drive
16-10-29-04-04-016.000 Paul & Ruth Nisenthal 12846 Andover Drive
16-10-29-04-03-017.000 David & Julia ~'-lanclel 12853 Andover Drive
16-10-29-04-04-015.000 Dongla~ & Carolyn Clark 12860 Andover Drive
16-10-29-04-03-018.000 Donald & Teresa Harris 12867 Andover Drive
16-10-29-04-04-014.000 Wilhelm & Jane Bilgram 12874 Andover Drive
16-10-29-04-03-019.000 James & l~athleen Garzyuski 12883 Andover Drive
16-10-29-04-03-020.000 Byron Koch & Susan Mon-ison 12899 Andover Drive
16-10-29-04.04.013.000 Raymond F. Degrella 12902 Andover Drive
16-10-29-04-03-021.000 Sheela Nilam Yadav 12909 Andover Drive
16-10-29-04-04-012.000 Dnnald & Karen Finney 12916 Andover Drive
16-10-29-04.03-022.000 Steve ~ehnl~ Builder, Inc. / Gall Frederick Pool 12923 Andover Drive
16-10-29-04-04-011.000 Matthew & K,r~ Albean 12930 Andover Drive
16-10-29-04-03-023.000 Mark & ~elli Romanlnk 12937 Andover Drive
16-10-29-04-03-024.000 Mark & Kelli Romaninlr 12937 Andover Drive
16-10-29-04-04-007.000 Ken & Victoria yumaealri 12958 Andover Drive
16-10-29-04.03-024.000 Martin & Susan Jolmson 12965 Andover Drive
16-10-29-04-04.006.000 James A. Brlden~tine 12972 Andovar Drive
16-10-29-04-04-005.000 William & l~li~aheth Young 12984 Andover Drive
16-10-29-04.03-025.000 Bradley D. Tubbs 12997 Andover Drive
16-10-29-04.04-01M.000 Stevenson Joshua Hill 12998 Andover Drive
16-10-29-04-03-026.000 Stevan & Jacqueline Holloway 13005 Andover Drive
16-10-29-04-03-027.000 Charles & Frances Shnup 13019 Andover Drive
16-10-29-04-03-028.000 Scott & Sepideh Crawford 13033 Andover Drive
16-I0-29-04-01-01M.000 Mark & Debra Brinlcman 13040 Andover Drive
16-10-29-04-01-005.000 David & Heidi Hyman 13054 Andover Drive
16-10-29-04-03-029.000 Robert & Eilean Vanhom 13061 Andover Drive
16-10-29-04-01-006.000 Kevin & Erika Sievert 13068 Andover Drive
16-10-29-04.03-030.000 Richard & Cha~, I Saucedo 13075 Andover Drive
16-10-29-04.01-007.000 James & Christine Wetzel 13082 Andover Drive
16-10-29-04-03-001.000 Patrick D. McClellan 13089 Andover Drive
16-10-29-04-04.010.000 John & l~mily Giesel 12936 Peppermill Court
16-10-29-04-04-009.000 Jerome & IO4~tlne Wiebelhan~ 12944 Peppermill Court
'16-10-29-04-04-008.000 Timothy & Lisa O'Leaq~ 12952 Peppermill Court
16-10-29-04-01-008.000 James & Susanne Leibrock 13080 Brookshire Parkway
NOTICE OF PUBLIC HEARING AND REMONSTRANCE FILING DEADLINE
REGARDING PROPOSED BARRETT LAW ASSESSMENTS AND BOARD DETERMINATIONS
REGARDING PROPERTY LOCATED WITHIN
BROOKSHIRE 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 May 2, 2001, adopted its Resolution No. BPW-05-02-01-02, therein
accepting a petition requesting the establishment of a Barrett Law improvement district consisting of a
portion of the subdivision 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 131st Street, Andover Drive, Andover Circle and/or Peppermill (a/k/a "Andover") Court, in Carmel,
Indiana (the "District"), and (ii) the installation, maintenance and operation of a system of ornamental street
lighting in the District (the "Project"); and
WHEREAS, following a public hearing held on July 5, 2001, the Board adopted a resolution which (i)
confirmed the Declaratory Resolution and established the District as an improvement district pursuant to the
Act, (ii) approved the plans for the Project and ordered the completion of the Project, and (iii) found that all
real property within the District is subject to assessment of special benefits and damages by appraisers
appointed by the Board pursuant to the Act and that the assessments are subject to review in a hearing
before the Board.
NOW, THEREFORE, 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 Thirty-Eight Thousand Three
Hundred One Dollars and Thirty-One Cents ($38,301.31). The Board, on or about February 18, 2004, by its
Resolution No. BPW-02-18-04-01, 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 Thirteen Thousand Three Hundred Sixty-One Dollars and Thirty-One Cents
($13,361.31), that the remaining Project cost of Twenty-Four Thousand Nine Hundred Forty Dollars
($24,940.00) should be assessed against and paid by the owners of forty-three (43) residential property
parcels located within the Improvement District, in the pro rata sum of Five Hundred Eighty Dollars
($580.00) per residential parcel, that the total monies assessed to and available from the City and the
property owners of real property parcels located in the improvement District are adequate to cover the full
costs of the Project, that the owners of residential property parcels located in the Improvement District can
1
either pay their assessment in one (1) lump sum or in five (5) annual assessment installment payments, that
interest shall be charged on such assessment installment payments at a rate of six percent (6%),
compounded annually, and that the annual assessment installment payment sum should be One Hundred
Thirty-Seven Dollars and Sixty-Nine Cents ($137.69) per assessed parcel. The Board also approved this
Notice and directed that it be sent to all affected property owners.
NOTICE IS HEREBY GIVEN THAT:
a) The assessment roll setting forth the proposed assessment for each assessed parcel of
real property located within the Improvement District, as well as copies of the Board Resolutions
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 Monday, March 15, 2004. 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 March 15, 2004.
c) The Board will hold a public hearing at 10:00 a.m. on Wednesday, March 17, 2004, 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 parcels 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 real 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 residential property located in the Improvement District. Such assessments shall be a lien
on the real property assessed.
Diana L. Cordray
Publication Dates: February 20, 2004