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Home My WebLink AboutD-2621-22 Repeals Chapter 2, Article 2, Section 2-23 of Carmel City Code/Withdrawing Membership in 2015 Central Indiana RDA SPONSOR(S): Councilors Finkam , Nelson, Worrell This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 5/9/22 at 8:47 AM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. ORDINANCE NO. D-2621-22 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REPEALING CHAPTER 2, ARTICLE 2, SECTION 2-23 OF THE CARMEL CITY CODE, WITHDRAWING THE CITY’S MEMBERSHIP IN THE 2015 CENTRAL INDIANA REGIONAL DEVELOPMENT AUTHORITY AND AUTHORIZING THE CITY OF CARMEL’S MEMBERSHIP IN THE CENTRAL INDIANA REGIONAL DEVELOPMENT AUTHORITY ESTABLISHED BY INDIANA CODE § 36-7.7-1-1 et seq. Synopsis: Ordinance withdraws the City of Carmel’s membership in the Central Indiana Regional Development Authority established in 2015 and authorizes the City of Carmel to become a member of the newly formed Central Indiana Regional Development Authority. WHEREAS, on or around March 18, 2020, Governor Holcomb signed P.L.83-2020 (SEA 350) (the “Act”), which allows eligible political subdivisions located in the Indianapolis-Carmel-Anderson Metropolitan Statistical Area to create the Central Indiana Regional Development Authority (the “Development Authority”) and to carry out its powers as more particularly described in the Act; WHEREAS, the Development Authority is a separate body corporate and politic that shall carry out the purposes of the Act by (i) acquiring, constructing, equipping, owning, and financing projects and facilities to or for the benefit of members of the Development Authority; and (ii) funding and developing: (A) airport authority projects; (B) commuter transportation district and other rail projects and services; (C) regional transportation authority projects and services; (D) economic development projects; (E) intermodal transportation projects; (F) regional trail or greenway projects; (G) regional transportation infrastructure projects under IC 36-9-43; and (H) any other capital infrastructure project that enhances the region with the goal of attracting people or business; that are of regional importance; WHEREAS, the Development Authority has the power to, among other items, (i) finance, improve, construct, reconstruct, renovate, purchase, acquire, and equip land and projects that are of regional importance; (ii) finance and construct additional improvements to projects or other capital improvements owned by the development authority; (iii) construct or reconstruct highways, roads, and bridges; (iv) acquire land or all or a part of one (1) or more projects from an eligible political subdivision by purchase; (v) provide funding for intermodal transportation projects and facilities; (vi) provide funding for regional trails and greenways; (vii) provide funding for economic development projects; (viii) provide funding for regional transportation infrastructure projects under IC 36-9-43; and all other powers as prescribed by the Act; WHEREAS, the Development Authority may be established by (i) one or more counties and one more adjacent counties, (ii) one more counties and one or more municipalities in adjacent counties, or (iii) one or more municipalities and one or more municipalities in adjacent counties; Ordinance D-2621-22 Page One of Three Pages DocuSign Envelope ID: A7AA4514-33D2-4D53-98DB-8FBB12AF1376 SPONSOR(S): Councilors Finkam , Nelson, Worrell This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 5/9/22 at 8:47 AM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. WHEREAS, the Development Authority shall be governed by a strategy committee whose composition and structure will be established by a preliminary development plan (the “Plan”), which, in accordance with the Act, is to be adopted by separate resolution of each participating member’s fiscal body; and WHEREAS, the Act permits the City of Westfield, the City of Carmel, the City of Greenwood, and Marion County to immediately withdraw from the development authority to which they belong in order to join the Development Authority; WHEREAS, in 2015, the Carmel Common Council (the “Council”) adopted Ordinance D-2217-15, which established the City of Carmel’s (the “City”) membership in the Central Indiana Regional Development Authority created pursuant to Indiana Code §36-7.6-1-1 et seq. (the “2015 RDA”); WHEREAS, pursuant to Indiana Code § 36-7.7-3-1, a county or municipality cannot become a member of the Development Authority if it is a member of the 2015 RDA; WHEREAS, it is in the best interest of the citizens of Carmel to withdraw the City’s membership in the 2015 RDA and authorize the City to become a member of the Development Authority, pursuant to Ind. Code §36-7.7.7-3-9. NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. Pursuant to Indiana Code § 36-7.7-3-1(g), the City of Carmel hereby withdraws its membership in the Central Indiana Regional Development Authority established pursuant to Indiana Code § 36-7.6-1-1 et seq. and Ordinance D-2217-15. Section 3. Carmel City Code Section 2-23 is repealed in its entirety. Section 4. The City of Carmel is hereby authorized to become a member of the Central Indiana Regional Development Authority established by Indiana Code § 36-7.7-1-1 et seq. Section 5. Pursuant to I.C. 36-7.7-3-3, the Council shall adopt a Preliminary Strategic Economic Development Plan via a separate resolution. Ordinance D-2621-22 Page Two of Three Pages DocuSign Envelope ID: A7AA4514-33D2-4D53-98DB-8FBB12AF1376 SPONSOR(S): Councilors Finkam , Nelson, Worrell This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 5/9/22 at 8:47 AM. It may have been subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise. PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2022, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ ____________________________________ Kevin D. Rider, President Jeff Worrell, Vice-President ___________________________________ ____________________________________ Sue Finkam Laura Campbell ___________________________________ ____________________________________ H. Bruce Kimball Anthony Green ___________________________________ ____________________________________ Adam Aasen Tim Hannon ___________________________________ Miles Nelson ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 2022, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2022, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Ordinance D-2621-22 Page Three of Three Pages DocuSign Envelope ID: A7AA4514-33D2-4D53-98DB-8FBB12AF1376 8 16th 17th May P May P 0 Not Present 17th May 1:15 1:35