HomeMy WebLinkAboutBPW-09-06-06-01 Martin Marietta Condemnation
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Resolution NO. BPW 09060601
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A RESOLUTION OF THE BOARD OF PUBLIC
WORKS AND SAFETY OF THE CITY OF CARMEL. INDIANA.
AUTHORIZING CONDEMNATION OF CERTAIN REAL PROPERTY
WHEREAS, the Board of Public Wotks and Safety of the City of Carmel, Indiana (the "BPW") has the
authority to condemn real or personal property for a public purpose, pursuant to Indiana Code !l 36-9-6-4, 32-24-2-6
and 8-1.5-3-4; and
WHEREAS, upon review the current and reasonably anticipated future demand of its water customers, the
BPW and the Carmel Municipal Water and Wastewater Utilities (the "Utility") (the BPW and the Utility collectively
referred to herein as "Carmel Utilities") has determined that it must construct a new water treatment plant; and
WHEREAS, the Utility has concluded that certain property owned by American Aggregates Corporation is
best suited for this purpose, specifically the property located at the Southeast Quadrant of Gray Road and 106'"
Street in Carmel, Indiana, and as more particularly described in Exhibit A, attached hereto and made a part hereof
(hereinafter the "Martin Marietta Property"); and
WHEREAS, on behalf of the Utility, the BPW desires to condemn the Martin Marietta Property; and
WHEREAS, the Martin Marietta Property is located within the corporate limits of the City of Carmel,
Indiana.
NOW, THEREFORE, BE IT RESOLVED AND AGREED by the Board of Public Works and Safety of
the City of Carmel, Indiana, as follows:
I. That the foregoing recitals are fully incOlporated herein by this reference.
2. That the BPW's acquisition on behalf of the Utility of the Martin Marietta Property is necessary in
order for Carmel Utilities to constnlct, own, operate and maintain a water treatment plant and related facilities, and
such acquisition is for a public purpose and in the public interest.
3. That the members of the BPW hereby authorize and direct John M. Duffy, Utilities Director, to take
whatever steps are required in order to acquire the Martin Marietta Property for and on behalf of Carmel Utilities.
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Mar Ann liTke, Member
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Date: 7 0 b
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ATTEST:. " ", ,,', >'"
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iana L~,8ordray, IAMC, Cle ,'reasurer
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Prepared by:
Randolph L. Seger
BINGIIAM McHALE LLP
2700 Market Tower
10 West Market Street
Indianapolis, Indiana 46204
1080390
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