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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, 2 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. 3 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. 4