HomeMy WebLinkAboutBPW-10-04-06-01 Barrett Law/Hunters Creek Village
RESOLUTION NO. BPW-10-04-06-01
A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY APPROVING THE
ESTABLISHMENT OF AN IMPROVEMENT DISTRICT AND THE INSTALLATION OF ORNAMENTAL STREET
LIGHTING IN THE HUNTER'S CREEK VILLAGES SUBDIVISION
WHEREAS, I.C. 36-9-28 (the "Act") permits the Board of Public Works and Safety of the City of Carmel,
Indiana (the "Board") to establish within the boundaries of the City of Carmel, Indiana (the "City"), improvement
districts to provide for the construction of certain public improvements and to assess the cost of completing such
improvement on property owners which benefit from the constructed improvements; and
WHEREAS, on April 7, 2004, the Board adopted a resolution (the "Declaratory Resolution") accepting a
petition (the "Petition") requesting the establishment of an improvement district pursuant to the Act, consisting of a
portion of the area known as "Hunters Creek Villages'" subdivision that is located generally southeast of the
intersection of 1461h Street and Oak Ridge Road, west of Rohrer Road and north of Nevelle Lane, and includes all or
a portion of Bennett Court, Bridle Circle, Bridle Court, Winter Way, Winter Court, Saddle back Drive, and part of Howe
Drive, Bennett Road, Oak Ridge Road, and 1461h Street, all in the City of Carmel, Hamilton County, Indiana, (the
"District"); and
WHEREAS, the Petition was signed by more than sixty percent (60%) of the owners of the parcels of real
property in the proposed District and requested pursuant to the Act the installation, maintenance, and operation of a
system of ornamental street lighting in the District (the "Projecf'); and
WHEREAS, there has been filed with the Board (i) information indicating that the maximum estimated cost of
the Project, including all incidental, legal, inspection and engineering costs to be funded with assessments payable
by owners of real property in the District is One Hundred Seventy-Two Thousand Dollars ($172,000.00), and (ii) the
maximum estimated annual power costs of operating the Project being One Thousand Five Hundred Forty Dollars
($1,540.00), are payable by the owners of real property in the District directly to the utility and shall not be paid from
the assessment, and (iii) there are no estimated annual costs of maintaining the project payable from such
assessments, and (iv) cross-sections, general plans and specifications for the Project (the "Plans"); and
WHEREAS, pursuant to the Act, the Common Council published notice (the "Notice") of the adoption and
substance of the Declaratory Resolution in accordance with I.C. 5-3-1, which Notice stated that a public hearing on
this matter (the "Public Hearing") would be held on October 4, 2006, and that following the Public Hearing, the Board
may take final action on whether the benefits to the property liable to be assessed for the Project will equal the
estimated maximum cost of the Project, the establishment of the District and the ordering of the completion of the
Project; and
WHEREAS, pursuant to the Act, at least twenty-one days prior to October 4, 2006, the Notice was mailed to
all owners of real property with the proposed District at the owners' addresses appearing upon the tax duplicates in
the records of the Hamilton County Auditor; and
Page One of Three Pages
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WHEREAS, on October 4, 2006, the Board conducted the Public Hearing, at which all interested persons
have been heard on the questions of: (i) the sufficiency of the Petition and the Notice; (ii) whether the Project is of
public utility and benefit; (iii) whether all of the probable benefits of the Project, including the benefits to the City
generally, will equal or exceed the estimated maximum cost of the improvement; (iv) whether the District contains all,
more than all, or less than all of the property specially benefited or damaged by the Project.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel,
Indiana, as follows:
1. The Board hereby finds that the Petition is sufficient, the required notice of the Public Hearing
was given, and the Project will be of public utility and benefit.
2. The Board further hereby finds reasonable and approves the estimated maximum construction
cost of the Project, including all incidental, legal, inspection and engineering costs, to be funded with assessments
payable by the owners of real property in the District of One Hundred Seventy-Two Thousand Dollars ($172,000.00)
and there are no estimated annual costs of maintenance of the project payable from such assessments and any
annual power costs will be payable directly to the utility by the owners of real property in the District and not from the
assessment. The Board finds and determines that the District contains all the property specially benefited or
damaged and that the special benefits accruing to the property liable to be assessed for the Project are equal to
such estimated cost.
3. The Declaratory Resolution is hereby confirmed and the District is established as an
improvement district pursuant to the Act. The Board hereby approves the Plans and authorizes and orders the
completion of the Project, substantially in accordance with the Plans.
4. The Board hereby recites: (1) that all real property within the District is subject to assessment of
special benefits and damages by appraisers appointed by the Board; and, (2) that the assessments are subject to
review in a hearing before the Board.
5. Pursuant to I.C. 36-9-3B-17(d), a copy of this Resolution shall be certified by the Clerk-Treasurer
of the City and recorded in the miscellaneous records in the office of the Recorder for Hamilton County, Indiana.
6. This Resolution shall be in full force and effect upon its adoption and shall be final and
conclusive, except for the limited rights of appeal set forth in the Act.
Resolution No. BPW-10-04-06-01
Page Two of Three Pages
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PASSED AND ADOPTED by the Board of Public Works and Safety of the City of Carmel, Indiana, this_
L/ '/-4- day of ~TOp..e,.r- , 2~.
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
By:
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SaJu1ra M. ,JoblS81lt
Deputy Clerk for
Resolution No. BPW-10-04-06-01
Page Three of Three
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To Whom It May Concern,
September, 2006
We are unable to attend the Board of Public Works meeting on October 4,
2006 to share our support of the continuation of the petition to have street lights
installed in our neighborhood, Hunter's Creek. Please know that we still highly
support this project.
Thank you,
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Address
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(continued on the reverse side)
NOTICE OF PUBLIC HEARING
CONCERNING A RESOLUTION APPROVING THE INSTAllATION OF AN ORNAMENTAL STREET LIGHTING
SYSTEM IN THE HUNTERS CREEK VillAGES SUBDIVISION
Notice is hereby provided that the Board of Public Works and Safety of the City of Carmel, Indiana (the
"Board"), on April 7, 2004, adopted a resolution (the "Resolution") preliminarily approving a petition (the "Petition'~,
filed pursuant to I.C. 36-9-38, requesting the establishment of an improvement district (the "District") and the
installation, maintenance, and operation of a system of omamental street lights in the District (the "Project"). The
District consists of real property parcels located in a portion of the subdivision known as "Hunters Creek Villages"
subdivision that is located generally southeast of the intersection of 146th Street and Oak Ridge Road, west of Rohrer
Road and north of Nevelle Lane, and includes all or a portion of Bennett Court, Bridle Circle, Bridle Court, Winter
Way, Winter Court, Saddleback Drive, and part of Howe Drive, Bennett Road, Oak Ridge Road, and 146th Street, all
in the City of Carmel, Hamilton County, Indiana. A set of Project plans (the "Plans") has been prepared. The real
property in the District will be assessed benefits or damages related to the Project pursuant to I.C. 36-9-38. The
estimated cost of the Project payable from such assessments is One Hundred Seventy Two Thousand Dollars
($172,000.00), and the annual costs of maintaining the Project payable from such assessments are $-0- and the
annual cost of power to operate the Project payable from such assessments is $-0-, as such annual power costs are
to be paid directly to the utility by the owners of real property in the District.
The Board will hold a public hearing at 10:00 a.m. on Wednesday, October 4,2006, in Council Chambers,
Second Floor, Carmel City Hall, One Civic Square, Carmel, Indiana, at which time the owners of real property in the
proposed District, or their representatives, and all other interested persons, may be heard on the question of the
establishment of the District. Following this hearing, the Board will decide whether the benefits to the property liable
to be assessed for the Project will equal the estimated cost of the Project, and may take final action establishing the
District and ordering the completion of the Project.
Copies of the Resolution (including a copy of the Petition submitted in support of the Project), the Plans and
information regarding the estimated costs related to the Project are on file and open to public inspection at the offices
of the Carmel City Attorney, located on the Third Fioor of Carmel City Hall, One Civic Square, Carmel, Indiana.
Dated: "'1-/7.-0,"
BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY
OF CARMEL, INDIANA
By.
Douglas C. Haney, Carmel City Attomey
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