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HomeMy WebLinkAboutD-1459-00 Construction @ 146th/US 31 (Clay Terrace)ORDINANCE NO. D-1459-00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL APPROVING AN INTERLOCAL AGREEMENT WITH HAMILTON COUNTY, INDIANA, AND APPROVING A JOINT ROAD CONSTRUCTION PROJECT WHEREAS, Hamilton County has tendered to the City of Carmel a document entitled, "Interlocal Agreement Between the City of Carmel and Hamilton County, Indiana, Concerning the 146th Street and U.S. 31 Project," (hereinafter referred to as "the Interlocal Agreement"); and, WHEREAS, pursuant to Indiana Code 36-1-7, units of government may enter into Interlocal Agreements under such terms and conditions as the units deem acceptable; and, WHEREAS, the Interlocal Agreement provides for the City of Carmel to assign an area within Carmel's jurisdiction to the Redevelopment Commission of Hamilton County to allow the creation of an allocation area; and, WHEREAS, Indiana Code 36-7-25-4 allows the Common Council of the City of Carmel to assign an area within the jurisdiction of the City to the Redevelopment Commission of Hamilton County for the purpose of creating an allocation area to capture tax increment for an economic development project; and, WHEREAS, the Common Council has reviewed the Interlocal Agreement and believes it is in the best interest of the City of Cannel to enter into the Interlocal Agreement and to assign certain parcels of real estate to Hamilton County and the Hamilton County Redevelopment Commission for purposes of establishing an allocation area pursuant to Indiana Code 36-7-25-4. IT IS THEREBY ORDAINED by the Common Council of the City of Carmet as follows: 1. The Interlocal Agreement between the City of Cannel and Hamilton County, Indiana, concerning the 146th Street and U.S. 31 Project, which is attached heret~xand made a part hereof, is hereby ratified and approved. 2. The parcels of real estate identified in Exhibit A (hereinafier referred to as "the Proposed Allocation Area") are hereby assigned to the Hamilton County Redevelopment Commission, acting on behalf of Hamilton County, Indiana, for the sole purpose of permitting the Hamilton County Redevelopment Commission to create an allocation area for the purpose of capturing tax increment from the increase of assessed value of real property within the Proposed Allocation Area, to be used to construct the ramps and local streets identified in the Interlocal Agreement. 3. The assignment of the Proposed Allocation Area shall remain in full force and effect so long as there are outstanding principal and interest due on bonds which may be issued to pay the costs of the construction of the ramps and local streets identified in the Interlocal Agreement, or until the Interlocal Agreement is terminated under paragraph ten of that Agreement, but in no event shall the assignment be valid beyond the calendar year 2030 without an amendment to this Ordinance. 4. This Ordinance shall be in full force and effect upon passage and upon execution of the Interlocal Agreement by the Board of Commissioners of Hamilton County, Indiana. ALL OF WHICH IS ORDAINED by the Common Council of the City of Carmel, this day of M-m-eh, 2000. COLON COUNCIL OF THE CITY OF C EL ent Wa~e A. Wilson _,,> ATTEST: Diana L. Cordr surer Presented by me to the Mayor of the City of Carmel, Indiana, the I ~/ ~ ~ ,2000. day of Diana L. Cordray, easurer Approved by me, Mayor of the City of Cannel, Indiana, this/~day of 2000. ATTEST: Diana L. Cordray, qlAMC, C'.Zr~Treasurer INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL AND HAMILTON COUNTY. INDIANA CONCERNING THE 146TH STREET AND U.S. 31 PROJECT This Agreement approved on the dates set out herein between the City of Carreel ("the City"), as authorized by an Ordinance of the Common Council of the City and the Board of Commissioners of Hamilton County, acting on behalf of Hamilton County, Indiana, ("the County"); WITNESS THAT: WHEREAS, the County has caused American Consulting Engineers ("the Engineers") to prepare plans and specifications for the bridge for 146th Street across State Road 31, which plans also included local streets and ramps designated as follows: Ramp NBR which would connect traffic from noah bound State Road 431 to the intersection of 146th Street and Greyhound Pass; Ramp 1 which would connect traffic from the intersection of 146th Street and Greyhound Pass to northbound U.S. 31; Ramp FR2 which would connect traffic from the stop light on 146th Street just west ofU. S. 31 to U.S. 31 at the intersection of Range Line Road; Ramp 2 which would connect traffic from the south bound U.S. 31 stop light on 146th Street just west ofU. S. 31; (all of which are hereinafter referred to as "the Project"); and, WHEREAS, the County has completed the construction of the bridge for the 1461h Street over U.S. 3 1 (hereinafier referred to as "the Bridge"), and; WHEREAS, neither the County nor the City have sufficient funds to construct Ramp NBR and Ramp 1, (hereinafier collectively referred to as "the East Ramps"); Ramp FR2 and Ramp 2, (hereinafier collectively referred to as "the West Ramps"), or to acquire the real estate necessary to build the ramps; and, WHEREAS, there is a substantial amount of real estate which will be benefitted by the Ramps; and, WHEREAS, the real estate which will be benefitted by the construction of the ramps consists of the Hamilton County tax parcels which are listed in the Exhibit A which is attached hereto and made a part hereof (hereinafier referred to as "the Benefitted Parcels); and, WHEREAS, the Benefitted Parcels should be included in an Economic Development Area as said term is defined by Indiana Code 36-7-14-41 for the purposes of capturing tax increment to provide funds to construct infrastructure bene~tting the Benefitted Parcels; and, WHEREAS, some of the Benefitted Parcels are located within the City of Carmel, and some of the parcels are presently in the unincorporated area of Hamilton County, Indiana; and, WHEREAS, the City has constructed several bridges along Hazel Dell Road and intends to seek the abandonment of Bridge 142 which carries Cherry Tree Road over Mitchner Ditch; and, WHEREAS, the abandonment of Bridge 142 will result in savings to the County in the approximate amount of Three Hundred Ninety-two Thousand Dollars ($392,000) in 2002 which is the year the County had anticipated undertaking major repairs to Bridge 142; and, WHEREAS, it is in the best interests of the citizens of Carmel and the citizens of Hamilton County to enter into an Interlocal Agreement to accomplish the following: a. To establish an economic development area (hereinafier referred to as "the Economic Development Area") including the Benefitted Parcels of real estate described in Exhibit A, and to use the tax increment from the Economic Development Area to finance the construction of the Ramps; b. To undertake a joint project between the City and the County for the construction o f all or part of the East Ramps and West Ramps ("the Ramps") as authorized by Indiana Code 36-7- 25-4; c. To complete the Ramps for the benefit of the real estate located in the Economic Development Area and the citizens of the City and the County; and d. To increase and diversify the tax base, to increase employment opportunities and to improve the transportation system of the City and the County; and e. To improve the health, safety, and welfare ofthe citizens ofthe County and the City. f. To transfer to the City from the County the amount of Three Hundred Ninety-Two Thousand Dollars ($392,000) in the calender year 2002 to help defer the costs of the bridges along Hazel Dell Road, which is the approximate amount which the County will save due to the abandonment of Bridge 142. IT IS THEREBY AGREED by the parties hereto as follows: 1. The City and the County agree to enter into a joint project pursuant to Indiana Code 36-7-25-4 to pursue the construction of the Ramps which shall be known as the U.S. 31-1461h Street Economic Development Project. 2. The Common Council of the City of Cannel shall pass an Ordinance to assign, only for the purpose of capturing the incremental property taxes from the Economic Development Area pursuant to Indiana Code 36-7-25-39, to Hamilton County and the Hamilton County Redevelopment Commission (hereinafier referred to as "the Commission"), the parcels of real estate described on Exhibit A which are in the City, which will permit the creation of an Economic Development Area by the Hamilton County Redevelopment Commission. 3. Hamilton County, acting by the Commission, shall capture only such increment from the allocation area as is necessary to issue bonds to finance the costs of the Ramps, including engineering fees, professional fees, right-of-way acquisition costs and construction costs. 4. The County agrees that as soon as there is sufficient development initiated within the Economic Development Area to create a revenue stream of tax increment to issue bonds for the construction of the East Ramps, West Ramps, or both, the Commission shall cause construction plans to be prepared, right-of-way to be acquired, bids to be awarded and construction to be completed for the East Ramps, the West Ramps, or both, depending upon the amount of the projected tax increment from the Economic Development Area. 5. The City agrees, as part of their zoning process, to obtain as much right-of-way as might be lawfully obtained from the owners and/or developers of the real estate where the proposed Ramps are located. The County shall pay, from the revenues or bond proceeds described in this Agreement, such payments as are necessary to landowners to obtain any right-of-way for the Ramps which is not dedicated during the planning and zoning process. 6. Hamilton County agrees to cause the Commission to issue bonds to pay the costs of the East Ramp as soon as there is sufficient development initiated within the Economic Development Area east ofU.S. 3 1 to create adequate tax increment to issue bonds to pay the costs to construct the East Ramps. 7. The Commission, acting on behalf of the County, shall issue bonds to pay the costs of the West Ramp, as soon as the East Ramps are financed and there is sufficient development initiated within the Economic Development Area to create adequate tax increment to issue bonds to pay the costs to construct the West Ramp. 8. Nothing herein shall be construed as imposing a duty upon the County or the Commission to construct any of the Ramps, until there is sufficient tax increment in the Economic Development Area, to finance the construction of one or more of the ramps described herein. 9. The assignment by the City of the land within the Economic Development Area to the Commission shall remain in full force and effect so long as there are outstanding principal and interest due on bonds which are issued to pay the costs of the Ramps, which bonds are to be repaid from the tax increment generated within the Economic Development Area, but in no event shall tax increment be captured by the Commission from the Economic Development Area beyond 2030 unless there is an amendment of this Agreement. Once the bonds are repaid or on December 31, 2030, whichever is earlier, the assignment by the City shall revert to the City. 10. In the event there has not been sufficient development in the allocation area for the issuance of bonds to pay the costs of the Ramps or the Commission fails to issue bonds and begin construction of the Ramps described herein on or prior to January 1, 2005, this Agreement shall be terminated, and the assignment by the City shall revert to the City, unless the parties approve an extension of this Agreement with the same formality as occurred for the approval of this Agreement. 11. The City, acting through its Common Council, Plan Commission, and Board of Zoning Appeals, shall continue to exercise planning and zoning jurisdiction through the Economic Development Area and nothing herein shall be construed to impose any duty upon the City or any of its planning and zoning departments, agencies or boards to either alter, amend or waive any zoning law or regulation, or refrain from altering, regulation. 12. amending or waiving any zoning law or The City and County agree to cooperate to obtain such cooperation, permitting and/or funding from the State of Indiana which is necessary to complete the Project and the Ramps including any additions thereto. In the event the State of Indiana provides any funding to assist in the financing of the Ramps, those funds shall be used to pay the costs of the Project mandated by the State and secondly to reduce the indebtedness incurred to construct the Ramps. 13 After the issuance o fbonds by the County and the Commission to construct any part of the Ramps, the County shall submit a written report to the City, during January of each year, describing the costs incurred for all or part of the project, the amount of bonds, or other evidence of indebtedness outstanding and the status of repayment of such indebtedness. 14. In the event that Bridge 142 is abandoned or the City agrees to undertake all maintenance of such bridge, prior to the end of 2001, the County will pay to the City the amount of Three Hundred Ninety-two Thousand Dollars ($392,000) to help defer the costs of construction of the new bridges constructed by the City for Hazel Dell Road, which amount shall be paid prior to the end of 2002. 15. In the event there is a dispute between the City, the County, or the Commission concerning the terms and conditions of this Agreement, the parties agree that they will submit that dispute to mediation pursuant to the Indiana Rules of Alternative Dispute Resolution prior to the initiation of litigation. In the event the parties are unable to agree upon a mediator for such dispute, the parties agree to alternately strike from a panel appointed by the Judge of the Circuit Court of Hamilton County. 16. This Agreement shall be in full force and effect upon approval by the City and the County and shall remain in force as long as bonds issued by the Commission remain outstanding or are terminated under paragraph ten above. Dated: BOARD OF COMMISSIONERS OF HAMILTON COUNTY Steven A. Holt Steven C. Dillinger 'Sharon R. Clark ATTEST:t/` ~/ Jon M. , Audito COMMON COUNCIL OF THE CITY OF CARMEL P, f.- g O ticer ATTEST: Diana L. Cordray, IAMC, ~surer 2OO0. 20OO. Diana L. Cordray, IAMC Cler_,c-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this/t~d~y o~ B/o~-f/ jfes~ B~r~ainarTMa~Zyor ATTEST: TAX PARCELS INCLUDED IN U.S. 31-146TH STREET ECONOMIC DEVELOPMENT AREA 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 16-10-1 16-10-1 16-10-1 16-10-1 16-10-1 16-10-1 16-10-1 16-09-24-00-00-010.000 16-09-24-00-00-010.001 16-09-24-00-00-011.000 16-09-24-00-00-012.000 16-09-24-00-00-013.000 16-09-24-00-00-014.000 16-09-24-00-00-015.000 16-09-24-02-07-005.000 16-09-24-02-07-012.000 16-1 O- 19-00-00-001.002 9-00-00-001.000 9-00-08-024.000 9-00-08-025.000 9-00-08-026.000 9-00-08-027.000 9-00-08-028.000 9-00-08-029.000 16-10-19-00-08-031.000 16-10-19-00-08-032.000 17-1 O- 19-00-00-004.000 17-1 O- 19-00-00-025.000 17-10-19-00-00-026.000 17-1 O- 19-00-00-027.000 17-10-19-00-00-029.000 C:MMy Documents\COUNTYX146th RampsNCARMEL.INT.wpd INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA, AND HAMILTON COUNTY, INDIANA, CONCERNING UTILITY RELOCATION COSTS THIS AGREEMENT entered into by and between the City of Carmel, Indiana, ("the City") and Hamilton County, Indiana, acting by the Board of Commissioners of Hamilton County ("the County"); and, WITNESS THAT: WHEREAS, pursuant to an Interlocal Agreement (hereinafter referred to as "the Agreement") entered into between the City of Carmel, the Town of Westfield, and Hamilton County, Indiana, in 1995, the parties agreed that the County would maintain, improve, and construct improvements to 146~ Street throughout Hamilton County, including areas that were annexed into the City of Carmel and the Town of Westfield; and, WHEREAS, the County is in the process of making substantial improvements to 146th Street from the intersection of Spring Mill Road to State Road 37 (hereinafter referred to as "the Project"); and, WHEREAS, the City of Carmel owns and operates a water utility (hereinafier referred to as "the Utility") and the Utility presently has water lines throughout the right of way of 146th Street which will interfere with the construction of the Project; and, WHEREAS, the City of Cannel also has water lines through a certain parcel of real estate owned by the City on the south side of 146'h Street and immediately west of Cool Creek; and, WHEREAS, it is in the best interests of the City, the County, and the satisfactory construction of the Project, that the water lines of the City be relocated away from the new pavement and drainage structures for the Project. IT IS THEREBY AGREED by the City and the County as follows: 1. The City agrees to relocate all water lines which are presently located in the existing right of way or any private easements contiguous with the right of way to permit the improvement of 146m Street. 2. In order to partially defer the cost ofrelocating the lines, the County agrees to pay to the City the following amounts: a. Eighteen Thousand Two Hundred Dollars ($18,200), the receipt of which is hereby acknowledged by the City; b. Two Hundred Thousand Dollars ($200,000) as compensation to the City for relocation ofthe water lines. One Httndred Seventy Thousand Dollars ($170,000) of the above amount shall be paid by the County upon presentation of a claim at the conclusion of the relocation of the water lines of the Utility. The balance shall be held until the work set out in paragraph 7 is completed, at which time the net amount due from one party to the other party under this Agreement shall be paid. 3. The water lines shall be placed in a location which is mutually agreeable between representatives of the Hamilton County Highway Department and the Utility, which shall be within ten (10) feet of the south boundary of the new right of way of 146th Street unless there is a compelling reason to locate part of the lines elsewhere. 4. The City and the County agree to communicate and cooperate concerning the relocation of the lines and the City agrees to do said work as expeditiously as possible in order to facilitate the substantial completion of the 146th Street Project during the 2000 calendar year. For purposes of coordinating the work on this Project, the City's primary representative shall be Mr. John Duffy, and the County's primary representative shall be Mr. Jim Neal. 5. The payment by the County to the City shall be deemed full accord and satisfaction for any and all compensation which may be due from the County, as the unit of government responsible for construction of the Project, to the City, as the owner of the Utility. 6. The County shall not require from the City any permits or bonds normally required by the County for work within the right of way for the work described herein for the duration of this Project. The County will require the City to provide relocation plans to the County showing the location of the new water lines. The relocation shall also be coordinated with the other utilities so that conflicts are eliminated. 7. The City agrees to pay the costs to physically remove all existing water mains within the project that are being abandoned and are in conflict with drainage structures, grading plans, or are within two feet of the top of the subgrade of the project. The City shall provide to the County plans showing the location of the water lines to be abandoned. The City shall also pay the costs to seal the ends of all existing water lines which are being abandoned and are not being removed such that no infiltration of soils is possible. As an alternate, in lieu of capping the ends of the pipes, the abandoned lines may be filled with flowable fill. The contractors for the County who are doing the construction of 146th Street shall perform the work described in this paragraph. The County will be responsible for approving the cost of the change orders for this work. All costs of the work shall be deducted from the final payment due to the City under paragraph 2b. After said deduction, the net mount due to either party shall be paid within thirty (30) days. The County shall provide to the City copies of invoices and/or change orders to perform the work described within this paragraph as they are present to the County for payment. The costs to be paid by the City under this paragraph shall not exceed Fifty Thousand Dollars ($50,000). 8. The parties agree that any disputes under this Agreement that carmot be resolved between the Board of Commissioners of Hamilton County or their designated representative, and the Mayor of the City of Carmel, and/or his designated representative, shall be submitted to mediation under the Indiana Rules of Alternative Dispute Resolution prior to the initiation of any litigation. 9. The parties anticipate that all work under this Agreement shall be completed as quickly as possible, but in any event, prior to the conclusion of the year 2000 construction season. 10. This Agreement sets forth the entire Agreement between and among the parties. Any Agreement which would increase the costs and responsibilities of the parties shall be approved in writing and the parties shall not seek to enfume any oral agreement between the parties, other than the coordination of the work set out herein. 11. This Agreement shall be in full force and effect upon approval by the parties herein. Each party shall promptly inform the other party of any circumstances which would substantially delay, or preclude, their compliance with the Agreement. Dated: ATTEST.~e,A Inn M. , uditor BOARD OF COMMISSIONERS OF HAMILTON COUNTY Steve~ing_~ Steven A. Holt PASSED by the Common Council of the City of Carmel, Indiana, this/t72"~ day of C/Iti:g,, ,2000, byavoteof t'/ayesand (9 nays. COMMON COUNCIL OF THE CITY OF CARMEL a . er ATTEST: Diana L. Cordray, IAMC, Clsrk-T~rer  2L~n~;.d by me to the Mayor of the City of Carreel, Indiana, the/_~ day of ard, Mayor ATTfL ' Diana L. Cordray, I~C,~-Treasurer