HomeMy WebLinkAboutD-1605-02 WITHDRAWNSponsor:
ORDINANCE NO. D-1605-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
INDIANA, APPROVING AN INTERLOCAL AGREEMENT
THE CITY OF CARMEL, INDIANA, AND
HAMILTON COUNTY, INDIANA
CONCERNING PRIMROSE DEVELOPMENT, LLC
WHEREAS, Primrose Development, LLC (hereinafter
seeks to develop approximately 34.94 acres as a residential
located south of 146th Street and
Indiana, Tax Mapping Parcel Nos.
the Developer has initiated procedures for the
residential community known as
"Community"), the legal description
WHEREAS, the City
Annexation Ordinance
WHEREAS, the
adjacent
City; and
WHEREAS
and other public
drainage and
existing s
the "Developer")
is more or less
Hamilton County,
and
and secondary plat for the
(hereinafter referred to as the
as Exhibit "A"; and
referred to as the "City") has introduced an
~ will be annexed to the City; and
petitioned the City to assume responsibility for streets
according to plans and specifications approved by the
~ will be required to approve the design of all streets, storm drainage,
and to undertake maintenance of the streets, surface water,
within the dedicated rights-of-way and easements of the
their improvoment by Developer; and
WHEREAS, the Board of Commissioners of Hamilton County on the 25th day of
September, 2000, approved resolution 09-25-00-03 to establish a procedure for cities and towns
to approve, inspect and maintain public infrastructure within a subdivision or the public streets
adjacent to such commemial subdivision even though the right of way may not yet be annexed
into the municipal corporation; and
WHEREAS, Indiana Code 36-1-7 allows units of government to enter into interlocal
agreements under such terms and conditions as the City and Hamilton County deem advisable.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section I: The following Interlocal Agreement is hereby approved and the City agrees from
the date of the approval of this Interlocal A~-eement to be responsible for the
following:
a. Aproving the design of all streets, storm drainage, and other public
infrastructure within the easements and public right of way of the
Community and its adjacent and contiguous existing streets to the area to
be annexed (other than outlets into or improvements to regulated drains or
bridges with spans of twenty (20) feet or greater) (hereinafter referred to
as "the Infrastructure").
b. Requiting the dedication of sufficient tight of way, non-access easements
and drainage and utility easements to construct the Infrastructure in
accordance with the applicable Thoroughfare Plan.
c. Prior to approving any construction plans or development plans, requiting
the Developer to obtain approved construction plans, right of way plans,
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and construction specifications from the Hamilton County Highway
Department (hereafter "Highway Department") for any bridge structure
with a twenty (20) feet or greater span being constructed or modified.
These plans shall be separate from the road and other Infrastructure plans.
Requiring reasonable improvements from the Developer of any existing
bridge (with a twenty (20) foot or greater span) as required by the
Highway Department to accommodate the traffic from the Community.
Prohibiting the Developer from locating an entrance or decel or accel taper
within two hundred (200) feet of an existing bridge (measured from the
existing abutment) unless otherwise approved by the Highway
Department.
Negotiating any exactions for offsite road improvements for the
Community.
Inspecting the construction of all of the Infrastructure and obtaining from
an engineer a certified statement of construction that any bridges (with a
twenty (20) foot or greater span) have been constructed in accordance with
the plans and specifications approved by the Highway Department.
Accepting, holding, and releasing all performance, and/or maintenance,
bonds required by the ordinances of the City for the Infrastructure.
Permitting all activities within the right of way of the Community and its
adjacent and contiguous streets for the Developer, utilities, and any other
entity requesting to do work or locate in the right of way.
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Section II:
Section III:
Section IV:
Section V:
Section VI:
j. Establishing all traffic controls on the Community streets and the adjacent
and contiguous roads in the Community, unless otherwise covered by this
lnterlocal Agreement.
k. Maintaining all Infrastructure and traffic controls contained in the
Community and its adjacent and contiguous streets.
The duties of the City as set out above shall continue from the date of the
approval of this Interlocal Agreement in perpetuity, whether or not the
Community is ever annexed by the City, and the City is entitled to claim all road
mileage for roads within and adjacent and contiguous to the Community, as a part
of its road inventory and to receive any State or Federal funds resulting therefrom.
Hamilton County will waive all Highway Department review fees and permit fees
for road improvements to be performed pursuant to this Ordinance, except for
bridge plan review fees.
The City requests the Board of Commissioners of Hamilton County to approve
the Interlocal Agreement as contained in this Ordinance and to return a fully
executed copy of said Interlocal Agreement to the City for its files.
All prior ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
This Ordinance shall be in full force and in effect from and after its passage and
signing by the Mayor.
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