HomeMy WebLinkAbout10.07.24 CC Meeting Paperless Packet1
City of Carmel
CARMEL COMMON COUNCIL
MEETING AGENDA
MONDAY, OCTOBER 7, 2024 – 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE
1. CALL TO ORDER 2. AGENDA APPROVAL 3. INVOCATION 4. PLEDGE OF ALLEGIANCE
5. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 6. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL
7. COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 8. CONSENT AGENDA a. Approval of Minutes 1. September 16, 2024 Regular Meeting b. Claims
1. Payroll - $3,669,660.93 (9/6/24 payroll) and $3,746,226.11 (9/20/24 payroll)
2. General Claims - $6,147,361.29 and $24,139.89 (purchase card) 9. ACTION ON MAYORAL VETOES
10. COMMITTEE REPORTS a. Finance, Utilities and Rules Committee
b. Land Use and Special Studies Committee c. All reports designated by the Chair to qualify for placement under this category. 11. OTHER REPORTS – (at the first meeting of the month specified below):
a. Carmel Redevelopment Commission (Monthly) b. Carmel Historic Preservation Commission (Quarterly – January, April, July, October) c. Audit Committee (Bi-annual – May, October)
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d. Redevelopment Authority (Bi-annual – April, October)
e. Economic Development Commission (Bi-annual – February, August) f. Library Board (Annual – February) g. Ethics Board (Annual – February) h. Parks Department (Quarterly – February, May, August, November)
i. Climate Action Advisory Committee (Quarterly – March, June, September, December)
j. All reports designated by the Chair to qualify for placement under this category. 12. OLD BUSINESS a. Eighteenth Reading of Ordinance D-2696-23; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the Carmel City Code; Sponsor(s): Councilor(s) Worrell and Aasen. Returning from the Finance, Utilities and Rules Committee.
Synopsis: Establishes a speed limit of 20 miles per hour within roundabouts.
b. Third Reading of Ordinance D-2726-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving and Adopting a Third Amendment to Interlocal Agreement;
Sponsor(s): Councilor(s) Snyder and Taylor. Remains in the Land Use and Special Studies Committee. Synopsis: Third Amendment to Interlocal Cooperation Agreement.
c. Second Reading of Ordinance D-2729-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Approving Certain Carmel Redevelopment Authority Lease Rental Bonds to Finance Various Road Improvements and Other Capital Projects in the City and to Refinance Certain Outstanding Bonds; Sponsor(s): Councilor(s) Worrell, Locke, Taylor and
Snyder. Returning from the Finance, Utilities and Rules Committee. Sent to the Land Use and Special Studies Committee. (Next meeting 10/03/24.) Synopsis: Ordinance approves the issuance of Carmel Redevelopment Authority lease rental bonds in
the maximum principal amount of $110,000,000 for the purpose of financing various local
and arterial road and street system and other capital projects in the City and refinancing certain outstanding bonds, together with the related financing Leases, which Leases are payable from a special benefits tax to be levied on all owners of taxable property in the City. 13. PUBLIC HEARINGS
a. First Reading of Ordinance D-2731-24; An Ordinance of the Common Council of Carmel, Indiana, Authorizing and Approving an Additional Appropriation of Funds from the General Fund #101 to the 2024 Carmel Fire Department Budget; Sponsor: Councilor Worrell.
Synopsis: This ordinance appropriates funds into the Carmel Fire Department’s 2024 budget that were received from grant money for the Department’s participation in the WorkOne Central Indiana Recruit Academy.
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b. First Reading of Ordinance D-2732-24; An Ordinance of the Common Council of Carmel, Indiana, Establishing the Appropriations for the 2025 Budget; Sponsor(s): Councilor(s) Green and Aasen.
Synopsis:
Establishes 2025 appropriations for the City of Carmel. 14. NEW BUSINESS
a. Resolution CC-10-07-24-01; A Resolution of the Common Council of the City of Carmel,
Indiana, Approving a Transfer of Funds Between the Grant Fund (#900) and the General Fund (#101); Sponsor: Councilor Worrell. Synopsis:
Transfers $50,000.00 from the Grant Fund (#900) into the General Fund (101) in order to
appropriate grant funds received from WorkOne Central Indiana. b. Resolution CC-10-07-24-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving a Transfer of Funds in the 2024 Information and Communications
Systems Department Budget; Sponsor: Councilor Worrell.
Synopsis: Transfers $65,000.00 to cover expenses incurred in the Other Contracted Services line item within the 2024 Information and Communication Systems Department budget.
c. Resolution CC-10-07-24-03; A Resolution of the Common Council of the City of Carmel, Indiana, Transferring Funds from the General Fund #101 to the Rainy Day Fund; Sponsor(s): Councilor(s) Green and Aasen.
Synopsis:
Transfers $1,740,590 from the General Fund to the Rainy Day Fund, pursuant to Carmel City Code Section 2-110(d), which requires that the Rainy Day Fund balance on January 1, 2024, must equal or exceed ten percent (10%) of the 2024 General Fund budget adopted by the Council in 2023.
d. Resolution CC-10-07-24-04; A Preliminary Resolution Designating an Economic Revitalization Area and Qualifying Certain Personal Property for Tax Abatement – The Alliance for Cooperative Energy Services Power Marketing, LLC; Sponsor(s): Councilor(s) Joshi and Worrell.
Synopsis: A preliminary resolution that designates the real property located at 4140 W 99th Street,
Carmel, Indiana as an economic revitalization area and grants a partial abatement of property
taxes attributable to certain eligible equipment installed therein.
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e. First Reading of Ordinance D-2734-24; An Ordinance of the Common Council of the City
of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Court for the Year 2025; Sponsor(s): Councilor(s) Snyder, Minnaar and Ayers. Synopsis:
Establishes 2025 maximum salaries for employees of the Carmel City Court. f. First Reading of Ordinance D-2733-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Deputies and Employees of the Carmel City Clerk for the Year 2025; Sponsor(s): Councilors Aasen, Ayers and Taylor.
Synopsis: Establishes 2025 maximum salaries for employees of the Carmel City Clerk. g. First Reading of Ordinance D-2735-24; An Ordinance of the Common Council of the City
of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of
Carmel, Indiana, for the Year 2025; Sponsor(s): Councilor(s) Green and Aasen. Synopsis: Establishes the 2025 maximum salaries for employees of the Executive Branch.
h. First Reading of Ordinance D-2736-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the Year 2025; Sponsor(s): Councilor(s) Green and Aasen.
Synopsis:
Establishes 2025 salaries and all years thereafter for Carmel’s elected officials. i. First Reading of Ordinance D-2737-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Creating the Carmel Surtax Fund and Imposing a Motor Vehicle License
Excise Surtax; Sponsor(s): Councilor(s) Green and Aasen. Synopsis: Creates the Carmel Surtax Fund and Imposes a Motor Vehicle License Excise Surtax.
j. First Reading of Ordinance D-2738-24; An Ordinance of the Common Council of the City
of Carmel, Indiana, Creating the Carmel Wheel Tax Fund and Imposing a Municipal Wheel Tax, Sponsor(s): Councilor(s) Green and Aasen. Synopsis:
Creates the Carmel Wheel Tax Fund and Imposes a Municipal Wheel Tax. k. First Reading of Ordinance D-2739-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Article 4, Sections 2-94, 2-106 and 2-150 and Adding Sections 2-154 and 2-155 of the Carmel City Code; Sponsor(s): Councilors Green and Aasen.
Synopsis: Amends the Law Enforcement Aid IV Fund (Fund 911), Urban Forestry Fund (Fund 501) and Non-Reverting Code Enforcement Fund (Fund #924), and adds a Non-Reverting Carmel Surtax Fund (Fund #258) and a Non-Reverting Carmel Wheel Tax Fund (Fund #259).
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l. First Reading of Ordinance D-2740-24; An Ordinance of the Common Council of the City
of Carmel, Indiana, Amending Chapter 2, Article 1, Sections 2-1, 2-3, 2-6, 2-10, 2-12, 2-13 and 2-14 of the Carmel City Code; Sponsor(s): Councilors Green and Aasen. Synopsis:
Ordinance clarifying purpose and duties of components of government. m. First Reading of Ordinance D-2741-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 6, Sections 2-301, 2-302 and 2-303, of the Carmel City Code; Sponsor(s): Councilor(s) Green and Aasen.
Synopsis: Ordinance amending budget procedures of the City of Carmel. n. First Reading of Ordinance D-2744-24; An Ordinance of the Common Council of Carmel,
Indiana, Authorizing the Issuance of General Obligation Bonds for the Purpose of Providing
Funds to Refinance Certain Capital Equipment Leases and Incidental Expenses in Connection Therewith and on Account of the Issuance and Sale of the 2024 Bonds and Appropriating the Proceeds Derived from the Sale of Such Bonds; Sponsor: Councilor Taylor.
Synopsis:
This ordinance authorizes the issuance of general obligation bonds to the City, to be payable from ad valorem property taxes, for the purpose of refinancing certain outstanding capital equipment leases in order to provide interest cost savings to the City and paying costs of issuance of such bonds.
o. First Reading of Ordinance D-2745-24; An Ordinance of the Common Council of the City of Carmel, Indiana, Adding Chapter 6, Article 5, Section 6-84 to the Carmel City Code; Sponsor(s): Councilor(s) Worrell, Minnaar, Joshi, Ayers and Taylor.
Synopsis:
Ordinance prohibiting reckless driving exhibitions. 15. AGENDA ADD-ON ITEMS
16. OTHER BUSINESS a. DORA Signage Approval Remains in the Land Use and Special Studies Committee.
17. ANNOUNCEMENTS
18. ADJOURNMENT
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City of Carmel 1
COMMON COUNCIL 2
MEETING MINUTES 3
MONDAY, SEPTEMBER 16, 2024 – 6:00 P.M. 4
COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE 5 6
MEETING CALLED TO ORDER 7
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Council President Anthony Green, Council Members: Jeff Worrell, Ryan Locke, Rich Taylor, Adam 9 Aasen, Teresa Ayers, Matthew Snyder, Anita Joshi, and Deputy Clerk Jessica Komp were present. 10 Council Member Shannon Minnaar was not present. 11 12
Council President Green called the meeting to order at 6:00 p.m. 13 14 AGENDA APPROVAL 15 16 The agenda was approved unanimously. 17
18 INVOCATION 19 20 Reverend Kenneth Locke of Orchard Park Presbyterian Church delivered the Invocation. 21 22
Carmel Elementary School 5th grader Cameron Lobo led the pledge of allegiance. 23 24 RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS 25 26 Rupal Thanawala, President of the Asian American Alliance, presented their 25th Anniversary Partner 27
Award to the City of Carmel. The Asian American Alliance is an umbrella organization that represents 28
over 200 Asian American Organizations, and was founded, and is headquartered, in Carmel. Their 29 mission is to empower and encourage Asian Americans to lead and serve in business and community. 30 31 RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 32
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Zachary Kulsrud spoke to Council about Ordinance D-2730-24, which would add speed humps to 34 Heatherstone Place. As a resident of this street, Mr. Kulsrud shared his and his neighbors’ experiences 35 with fast drivers, as well as the results of the speed study that was conducted. Mr. Kulsrud asked the 36 Council to please vote yes on this ordinance to ensure the safety of those living on and traveling down this 37
street. 38
39 Warren Johnson, President of S-Mart Real Estate, spoke to Council regarding the development deals that 40 have been taking place in Carmel. Mr. Johnson’s company was responsible for the recent development at 41 the southeast corner of Rangeline Road and 116th Street. He stated that he did not receive any assistance 42
from the city to do this project. He had approached the Redevelopment Commission to ask if he could be 43
loaned the capital to develop this project, with the CRC acting as a bank, and was told no. Mr. Johnson 44
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does not agree with what he sees as “giving the store away” to large developers, while smaller developers 45 do not receive the same benefits. 46 47 COUNCIL AND MAYORAL COMMENTS/OBSERVATIONS 48
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Councilor Locke said hello to James Locke, who was watching the livestream of the meeting. Council 50 President Green thanked Councilor Aasen for his work in putting together the City of Carmel’s annual 51 employee appreciation luncheon. 52 53
Cameron Lobo gave the Mayor’s update to Council. The Mayor looks forward to getting the Council’s 54
feedback after the budget workshops next week. The process to select a retirement advisor continues, and 55 an announcement should happen in October. The Mayor is pleased to partner with a variety of City 56 Councilors on various outreach activities. Councilor Aasen served on the Carmel Housing Task Force, 57 whose report and recommendations are on the City’s website. Councilor Aasen and Minnaar are serving 58
on the Branding Committee, which is working to finalize the visual aspects of the brand platform. 59
Councilor Taylor is co-chairing the Senior Living Commission, which will hold a Voice of Aging 60 Seminar in December. More details on that will be coming soon. Councilor Joshi is chairing a Diwali 61 Committee, and the city will hold its first Diwali event on Saturday, October 26th, from 5 – 8 p.m. in 62 Midtown Plaza. Councilor Snyder is chairing the Veterans and Military Affairs Commission, which will 63
hold its first meeting soon. Our State of the City Presentation will be on October 29th. More info can be 64
found at onezonechamber.com. 65 66 Mayor Finkam also stated that the City is very honored to have received the Asian American Alliance 67 Partner award, and thanked Stephanie Kim of Telamon for being such a great community and corporate 68
partner and for housing the Asian American Alliance headquarters within their office space. Mayor 69
Finkam also shared a letter received from the Department of Defense’s United States Vietnam War 70 Commemoration Department, commending the City of Carmel for our being in the top 15% of its more 71 than 13,000 commemorative partner organizations by selflessly hosting five or more events that thanked 72 and honored our Vietnam Veterans and their families. Mayor Finkam then spoke to Council about the 73
Proscenium III project, stating that it will give the city much needed office space and a hotel, and will 74
bolster the surrounding restaurants. The project will also provide much desired Senior housing. Mayor 75 Finkam requested that the Council support this project. 76 77 CONSENT AGENDA 78
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Councilor Aasen moved to approve the consent agenda. Councilor Taylor seconded. There was no 80 discussion. Council President Green called for the vote. The consent agenda was approved 8-0. 81 82 a. Approval of Minutes 83
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1. August 19, 2024 Regular Meeting 85 2. August 29, 2024 Claims Meeting 86 87 b. Claims 88
89 1. General Claims - $1,811,055.84 and $43,620.22 (purchase card) 90 2. Wire Transfers - $3,296,816.70 91 92
93 94 95
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ACTION ON MAYORAL VETOES 96 97 There were none. 98 99
COMMITTEE REPORTS 100 101 Councilor Worrell reported that the Finance, Utilities and Rules Committee had to cancel their September 102 10th meeting, as the roundabout data was not ready. However, the committee will be meeting to discuss 103 the data on Monday, September 30th at 6:00 p.m., here in Chambers. 104
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Councilor Snyder reported that the Land Use and Special Studies Committee met on August 21st at the 106 Carmel Clay Public Library to continue the UDO review, focusing on Section 7. The next meeting will be 107 this Thursday, September 19th at 6:00 p.m. at the Carmel Clay Public Library, in the 2nd floor Board 108 Room. The committee will discuss the Interlocal agreement, and anything else assigned tonight. 109
110 OTHER REPORTS 111 112 Henry Mestetsky, Carmel Redevelopment Director, gave the monthly report to Council. The Wren and 113 the Windsor are making great progress. The office space at First on Main is fully open, the condos are still 114
under construction. The Magnolia is working on their next two buildings. The Muse is currently leasing 115
out, we hope to have more updates on those retail tenants in the near future. The Signature is leasing out. 116 Construction continues at Hamilton Crossing, which is the Republic Airways headquarters. Proscenium II 117 continues its construction, and we look forward to some retail announcements there. The façade along 118 Rangeline is currently under construction at 111 South Rangeline. The first floor will house the 1933 119
Lounge and corporation headquarters, some of which are relocating from Indianapolis. Icon on Main is at 120
the concrete phase of construction but will have beautiful architecture and a public plaza when completed. 121 AT&T site redevelopment is under construction. The Township Project is looking great. 122 123 Councilor Aasen asked if the Housing Task Force’s recent report will inform the Redevelopment 124
Commission in the future when it plans housing. Director Mestetsky responded that the findings of the 125
report showed that citizens do not want multi-family housing to be the focus of future projects, and that 126 the Proscenium III project is an example of muti-family being kept to a minimum. Councilor Taylor 127 asked Mr. Mestetsky if there has ever been an instance of the city, or the CRC, lending cash to a 128 developer, acting as a bank. Mr. Mestetsky responded that no, that is not something we have done, or 129
would do, as we would not take on that risk. Mr. Mestetsky stated that Warren Johnson’s project at 130
Rangeline and 116th Street is a great project, but not at public private partnership scale. Councilor Aasen 131 thanked Mr. Johnson for investing in our community and stated that while the CRC might not be the 132 avenue to help projects of that scale, the city can probably do more to help the smaller developers. 133 134
Stephanie Kim gave the final report for the Carmel Cable and Telecommunications Commission. Ms. 135
Kim updated Council on what the commission has accomplished over the last five years that she has been 136 involved. The commission has focused on expanding broadband access, improving service quality, and 137 fostering community engagement. Most notably, the commission has succeeded in expanding high speed 138 broadband internet access across Carmel by spearheading initiatives to extend service to underserved 139
areas to ensure that residents and business alike have access to reliable and fast internet service. This has 140 not only increased connectivity, but has supported local economic development and educational 141 opportunities. 142 143 Andris Berzins gave a report on behalf of the Latvian Sister City Police Exchange Program. Last year two 144
police officers from Jelgava, Latvia came to stay in Carmel for two weeks to learn from and train with the 145
Carmel Police Department. The Latvian police officers were able to experience the type of community 146
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interaction that our police officers have with the citizens of Carmel, and take that experience back to 147 Jelgava. They also got to work with our drug task force and spend a day with IMPD. In exchange, Carmel 148 P.D. Officers Anna Vasquez and Mike Morely have gone to Jelgava, as well. In July of this year, two 149 additional officers visited Carmel from Jelgava, furthering the exchange of ideas and policing practices 150
between the two sister cities. Additionally, there will be a Latvian Folk Dance Ensemble traveling here for 151
the Carmel International Arts Festival. Thet will have a special performance on September 27th at 7:00 152 p.m. at Carmel Middle School. 153 154 OLD BUSINESS 155
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Council President Green announced the seventeenth reading of Ordinance D-2696-23; An Ordinance of 157 the Common Council of the City of Carmel, Indiana, Adding Chapter 8, Article 4, Section 8-44 to the 158 Carmel City Code; Sponsor(s): Councilor(s) Worrell and Aasen. This remains in the Finance, Utilities and 159 Rules Committee. 160
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Council President Green announced the fourth reading of Ordinance D-2719-24; An Ordinance of the 162 Common Council of the City of Carmel, Indiana, Authorizing the Issuance of Economic Development 163 Tax Increment Revenue Bonds to Support the Proscenium III Project, and Authorizing and Approving 164 Other Actions in Respect Thereto; Sponsor: Councilor Aasen. This item was held over from the last 165
Council meeting, in order to give the Carmel Redevelopment Commission time to answer questions from 166
the Council concerning traffic, parking, and the apartments. Director Mestetsky then spoke to Council. He 167 reiterated that this is a developer bond, which has no risk to taxpayers or impact on the tax rate. He stated 168 that 30-40 apartment units will be age-restricted to those 55 and above. There will also be parking 169 reconfigured, and curbing added to more clearly define Veteran’s way, which runs between the proposed 170
project and the City Hall parking lot. Mr. Mestetsky explained how the parking garage will flex during 171
different times of the day and different days of the week to accommodate office workers, residents and 172 hotel guests. Tony Birkla, of Birkla Investment Group, stated that this will be a 80/20 split, with 80% of 173 the parking spaces open to the general public, and only 20% reserved as private parking. Mr. Birkla 174 shared that the age-restricted apartments will have higher-end finishes, but that all of the apartments 175
would have access to the amenities of the hotel, such as the exercise room, etc. Councilor Taylor 176
expressed his appreciation of the transition to 40 age-restricted apartments. Councilor Aasen expressed 177 that he felt the positives of having a world-class hotel, office space, and age-restricted apartments 178 outweighed the negative of adding more apartments to the city, and for that reason, he would be voting in 179 support of this project. Councilor Snyder expressed that he would not be voting in favor of this project, as 180
he feels very strongly that we must slow down on adding apartments. He had offered up three alternative 181
concepts for this project which would remove the apartment component, but none were accepted. 182 Councilor Ayers also expressed that it is difficult for her to vote in favor of adding more apartments. 183 Councilor Joshi stated that while the age-restricted apartments are needed, and will be beautiful, they may 184 not be affordable for our city’s Seniors looking to downsize. Councilor Worrell stated that he will be 185
voting in favor of this project because of what it will bring to our core in terms of office space, a hotel, 186
and a parking garage. Additionally, this type of project benefits our citizens in terms of keeping taxes low. 187 Councilor Aasen moved to approve this ordinance. Councilor Taylor seconded the motion. There was no 188 further discussion. Council President Green called for the vote. Ordinance D-2719-24 approved 5-3. 189 (Councilors Ayers, Snyder, and Joshi opposed.) 190
191 Council President Green announced the second reading of Ordinance D-2726-24; An Ordinance of the 192 Common Council of the City of Carmel, Indiana, Approving and Adopting a Third Amendment to 193 Interlocal Agreement; Sponsor(s): Councilor(s) Snyder and Taylor. This items remains in the Land Use 194 and Special Studies Committee. 195
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Council President Green announced the second reading of Ordinance D-2728-24; An Ordinance of the 197 Common Council of the City of Carmel, Indiana, Amending Chapter 3, Article 1, Division II, Section 3-198 30 of the Carmel City Code; Sponsor: Councilor Snyder. This ordinance, which would remove the Carmel 199 Cable and Telecommunications Commission’s report from the Council agenda, was held over from the 200
last meeting so that the commission could give one last report to Council, which was just given by 201
Stephanie Kim. Councilor Snyder moved to approve this ordinance. Councilor Joshi seconded. There was 202 no discussion. Council President Green called for the vote. Ordinance D-2728-24 approved 8-0. 203 204 Council President Green announced the first reading of Ordinance Z-693-24; An Ordinance of the 205
Common Council of the City of Carmel, Indiana, rezoning three parcels at 452, 502, and 5089 E. Carmel 206
Drive, Carmel, from the B8/Business to the C2/Mixed Use District; Sponsor(s): Councilor(s) Minnaar and 207 Snyder. Councilor Ayers moved to introduce the item into business. Councilor Joshi seconded. Councilor 208 Snyder presented the item to Council. Mike Hollibaugh, Director of Community Services, explained the 209 rezoning request, which is a key step in the overall redevelopment of the Gramercy project, and will 210
facilitate the extension of Kinzer Avenue. Councilor Taylor asked when Kinzer Avenue would be 211
completed. Chief Infrastructure Officer Jeremy Kashman stated that there will be roundabouts constructed 212 at Carmel Drive and AAA Way, and at Carmel Drive and Kinzer Avenue. Those projects will coincide 213 with the completion of Kinzer Avenue, which will begin during the Summer of 2025. Councilor Aasen 214 asked if there would be variances coming with this project. Mr. Hollibaugh responded that he did not 215
know. Council President Green then opened up the public hearing at 7:52 p.m. Seeing no one who wished 216
to speak, Council President Green closed the public hearing at 7:53 p.m. Councilor Aasen made a motion 217 to suspend the rules and act on this tonight. Councilor Taylor seconded. There was no discussion. Council 218 President Green called for the vote. Motion to suspend the rules approved 8-0. Councilor Aasen moved to 219 approve the ordinance. Councilor Taylor seconded. There was no discussion. Council President Green 220
called for the vote. Ordinance Z-693-24 approved 7-1. (Councilor Worrell opposed.) 221
222 Council President Green announced the first reading of Ordinance D-2723-24; An Ordinance of the 223 Common Council of the City of Carmel, Indiana, Authorizing and Approving an Additional 224 Appropriation of Funds from the Stormwater Fund (#250) to the 2024 Storm Water Budget (#250); 225
Sponsor(s): Councilor(s) Green, Taylor and Snyder. Councilor Snyder moved to introduce the item into 226
business. Councilor Taylor seconded. Councilor Snyder presented the item to Council. Jeremy Kashman 227 explained that the funding was needed to construct the Orchard Park drainage project. Council President 228 Green opened up the public hearing at 7:56 p.m. Seeing no one who wished to speak, Council President 229 Green closed the public hearing at 7:57 p.m. Councilor Taylor moved to suspend the rules and act on this 230
tonight. Councilor Snyder seconded. There was no discussion. Council President Green called for the 231
vote. Motion to suspend the rules approved 7-0. Councilor Snyder moved to approved. Councilor Joshi 232 seconded. There was no discussion. Council President Green called for the vote. Ordinance D-2723-24 233 approved 7-0. (Councilor Aasen not present.) 234 235
NEW BUSINESS 236
237 Council President Green announced Resolution CC-09-16-24-01; A Resolution of the Common Council 238 of the City of Carmel, Indiana, Approving a Transfer of Funds within the Redevelopment Department 239 Budget (Fund #1801); Sponsor: Councilor Aasen. Councilor Aasen moved to introduce the item into 240
business. Councilor Snyder seconded. Councilor Aasen presented the item to Council. Henry Mestetsky 241 explained that the request is to transfer funds within the department budget to cover contracted services. 242 Councilor Aasen moved to approve. Councilor Snyder seconded. There was no discussion. Council 243 President Green called for the vote. Resolution CC-09-16-24-01 approved 8-0. 244 245
Council President Green announced the first reading of Ordinance D-2729-24; An Ordinance of the 246
Common Council of the City of Carmel, Indiana, Approving Certain Carmel Redevelopment Authority 247
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Lease Rental Bonds to Finance Various Road Improvements and Other Capital Projects in the City and to 248 Refinance Certain Outstanding Bonds; Sponsor: Councilor(s) Worrell, Locke, Taylor and Snyder. 249 Councilor Worrell moved to introduce the item into business. Councilor Joshi seconded. Councilor 250 Worrell presented the item to Council. Brad Bingham of Barnes & Thornburg addressed Council. Mr. 251
Bingham explained the difference between a general obligation bond and a lease rental bound. He stated 252
the $110,000,000.00 amount is what is required to keep the tax rate the same for the city. Mr. Bingham 253 explained that this is the first step in a sequence of events. The CRC and the Redevelopment Authority 254 will hold meetings this week in which they will approve the forms of the leases. If this ordinance is voted 255 on at the October 7th Council meeting, we will then have to publish the notice of lease execution and wait 256
30 days. This puts us in mid-November, so we would be selling bonds slightly before Thanksgiving, then 257
we could probably close in early December. If this gets delayed, that means less eyes will be on this to put 258 in proposals to buy the bonds. Bonds must be issued before the end of the year in order to get a levee in 259 place for collection next year. Zac Jackson, CFO and Controller for the City of Carmel, then spoke to 260 Council. He stated that the lease rental bonds will enable us to finance additional capital infrastructure 261
projects. This action will essentially take a debt that is currently being paid out of the city’s general fund 262
and move it over to the property tax levee. This saves our general fund money, and is also a good signal to 263 S&P that this debt is guaranteed to be repaid. So we will have new money for projects as well as 264 refinancing an existing $13 million dollars of debt. Additionally, we would like to move forward with a 265 general obligation bond. This would take some of the city’s existing capital leases, which total about 266
$19.5 million, and combine those with most of the new capital leases planned for next year, and refinance 267
those that have interest rates ranging from 3.5% to 7% to a new rate of around 3%. Councilor Snyder 268 asked about how refinancing the ambulance fund would help, when it is a self-sufficient fund. Mr. 269 Jackson answered that the ambulance fund is going to stop being self-sufficient in the next year or so. Mr. 270 Jackson said that not only will we be reducing our interest rate, but we will be freeing up our capacity in 271
the general fund to fund other priorities. We’re not going to be extending this debt, we’re going to take 272
the average time for these debts to roll off, and that will be the maturity date for this general obligation 273 bond, which is known as WAM – Weighted Average Maturity. Councilor Taylor stated that it is 274 important to free up the general fund because of how we are restricted with what we can pay out of the 275 general fund. For example, the effects of inflation on our general fund affect our ability to pay increased 276
wages to our police and fire departments, which is necessary to keep up with what peer agencies are 277
paying. Mr. Jackson confirmed that we are not looking to increase our current tax rate of $0.07783. 278 Council President Green sent Ordinance D-2729-24 to both the Finance, Utilities and Rules Committee 279 and to the Land Use and Special Studies Committee, which will be discussing the list of proposed projects 280 to fund. 281
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Council President Green announced the first reading of Ordinance D-2730-24; An Ordinance of the 283 Common Council of the City of Carmel, Indiana, Amending Chapter 8, Article 4, Section 8-39 of the 284 Carmel City Code; Sponsor: Councilor Aasen. Councilor Aasen moved to introduce the item into 285 business. Councilor Joshi seconded. Councilor Aasen presented the item to Council. Councilor Aasen 286
moved to suspend the rules and act on this tonight. Councilor Joshi seconded. There was no discussion. 287
Council President Green called for the vote. Motion to suspend the rules approved 8-0. Councilor Aasen 288 moved to approve the ordinance. Councilor Taylor seconded. There was no discussion. Council President 289 Green called for the vote. Ordinance D-2730-24 approved 8-0. 290 291
AGENDA ADD-ONS 292 293 There were none. 294 295 OTHER BUSINESS 296
297
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Kelly Douglas, Director of Marketing, presented the designs that have been created as options for signage 298 in the DORA district. This included cup designs, as well as door designs, and street signage. Councilor 299 Snyder stated that the DORA Committee should be the group approving the designs, and the committee 300 has not yet been selected. There was discussion on when the committee should be formed and who would 301
approve the designs. City Attorney Sergey Grechukhin stated that the Council is to approve the designs, 302
and the committee is to approve the location of the signage. Councilor Snyder then moved to create the 303 DORA Advisory Committee, with Councilor Jeff Worrell as the Chairperson of the committee. Councilor 304 Aasen seconded. There was no discussion. Council President Green called for the vote. Motion to create 305 the DORA Advisory Committee and name Councilor Worrell as Chairperson approved 8-0. Councilor 306
Worrell will work with the Mayor to build the committee. This item was then sent to the Land Use and 307
Special Studies Committee. 308 309 ANNOUNCEMENTS 310 311
Councilor Taylor announced that there would be a presentation on September 26th on the findings of the 312
bond study that was conducted to analyze the city’s debt. This will take place after the budget workshops 313 conclude on September 26th. 314 315 ADJOURNMENT 316
317
Council President Green adjourned the meeting at 8:46 p.m. 318 319 Respectfully Submitted, 320 321
_______________________________ 322
Jacob Quinn, Clerk 323 324 325 Approved, 326
327
328 ATTEST: _______________________________ 329 Anthony Green, Council President 330 331
_______________________________ 332
Jacob Quinn, Clerk 333
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 1
CITY COUNCIL OCTOBER 2024 REPORT
REPORTING ON AUGUST 2024 FINANCES
SEPTEMBER 2024 ACTIVITIES
STRATEGIC HIGHLIGHTS
• Construction progressing on the following projects:
o The Signature
o First on Main
o Magnolia
o The Muse (The Corner)
o The Wren
o The Windsor
o Republic Airways (Hamilton Crossing)
o Proscenium II
o North End
o The LOR/1933 Lounge Project
o Lexington & Main Roundabout Art
o AT&T Site
FINANCIAL SNAPSHOT
August Beginning Balance $ 8,598,362
August Revenues $ 211,875
August Transfers $ (46,758)
August Expenditures $ 225,720
August ending Balance Without Reserve Funds $ 8,537,758
Supplemental Reserve Fund
$ 4,951,733
City Center Bond Reserve $ 444,551
Midtown Bond Reserve $ 923,652
Midtown West Bond Reserve $ 704,886
Urban Parks Fund $ 1,862,734
August Balance With Reserve Funds $ 17,425,314
FINANCIAL STATEMENT
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 2
Financial Statement
AUGUST MONTH-END FINANCIAL BALANCE
Ending Balance without
Restricted Funds
$ 8,537,758
Ending Balance with
Restricted Funds
$ 17,425,314
SUMMARY OF CASH
For the Month Ending August 2024
DESCRIPTION ACTUAL
MONTHLY
PROJECTION VARIANCE
Cash Balance 8/1/24
1101 Cash $ 5,623,977.19 $ 5,623,977.19 -
1110 TIF $ 2,974,384.57 $ 2,974,384.57 -
Total Cash $ 8,598,361.76 $ 8,598,361.76 -
Receipts
1101 Cash $ 211,874.95 $ 95,416.42 $ 116,458.53
1110 TIF $ - $ - $ -
Developer Payments $ - $ - $ -
Transfers to Reserves (TIF) $ - $ - $ -
Transfers to Reserves (non-TIF) $ (46,758.40) $ (22,348.40) $ (24,410.00)
Transfer to SRF $ - $ - $ -
Total Receipts $ 165,116.55 $ 73,068.02 $ 92,048.53
Disbursements
1101 Cash $ 225,720.46 $ 248,715.49 $ 22,995.03
1110 TIF $ - $ - $ -
Total Disbursements $ 225,720.46 $ 248,715.49 $ 22,995.03
1101 Cash $ 5,563,373.28 $ 5,448,329.72 $ 115,043.56
1110 TIF $ 2,974,384.57 $ 2,974,384.57 $ -
Cash Balance 8/31/24 $ 8,537,757.85 $ 8,422,714.29 $ 115,043.56
Total Usable Funds $ 8,537,757.85 $ 8,422,714.29 $ 115,043.56
$0.00
$2,000,000.00
$4,000,000.00
$6,000,000.00
$8,000,000.00
$10,000,000.00
AUGUST
MONTH END BALANCE
Actual Budget Variance
FINANCIAL STATEMENT
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 3
FUND BALANCES AND OUTSTANDING RECEIVABLES
As of month-end August 2024
RESTRICTED FUNDS
Supplemental Reserve Fund $ 4,951,733
City Center Bond Reserve $ 444,551
Midtown Bond Reserve $ 923,652
Midtown West Bond Reserve $ 704,886
Urban Parks Fund $ 1,862,734
Sub-total: $ 8,887,556
UNRESTRICTED FUNDS
TIF $ 2,974,385
Non TIF $ 5,563,373
Sub-total: $ 8,537,758
Total Funds $ 17,425,314
OUTSTANDING RECEIVABLES
N/A $ -
TOTAL OUTSTANDING RECEIVABLES $ -
STATEMENT OF CHANGES IN EQUITY
MONTH END: AUGUST 2024
DESCRIPTION REVENUE EXPENSES
Total Receipts (TIF) $ -
Total Receipts (Non-TIF) $ 165,117
Expenditures (TIF) $ -
Expenditures (Non-TIF) $ 225,720
FINANCIAL UPDATE
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 4
Financial Update
TIF REVENUE AND DEBT
Estimated 2024 TIF revenue and PIATT payments available for CRC use is $33,636,213.
$-
$10,000,000
$20,000,000
$30,000,000
$40,000,000
20
1
8
20
1
9
20
2
0
20
2
1
20
2
2
20
2
3
TIF Revenue
Debt Service
DEBT PAYMENTS
Month Payment
June 2024 $16,550,975
December 2024 $16,549,798
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 5
Project Updates
CITY CENTER
Developer Partner: Pedcor Companies
Allocation Area: City Center
Use: Mixed-Use
Project Summary: Mixed Use development, multiple buildings
Figure 1 City Center Master Plan, provided by Pedcor City Center Development Company
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 6
1) Project Status – (changes noted below.)
CRC Contract Amounts:
City Center Bond: $ 16,214,875.00
2016 TIF Bond: $ 2,598,314.00 (5th Floor of Park East garage)
Site Construction Contract Amounts: $1,442,962 – Smock Fansler, contractor - Complete
Veterans Way Extension Project Amounts: $3,403,000 – Hagerman, contractor – Complete
Parcel 73 Site work: $149,600 – Smock Fansler, contractor
PROJECT USE PROJECT
DATES
DESIGN RENDERINGS PROVIDED BY PEDCOR
Veterans
Way
Garage
A five-story parking
structure with 735
parking spaces
Open to the public on
9/22/17
Completed
in
May 2017
Contract
Amt.
$13,954,68
3
Baldwin/
Chambers
A four-story building,
of approximately
64,000 square feet,
which will include
luxury apartments and
commercial retail/
office space.
Approx. 26
Apartments
Hagerman is the
contractor.
Completed
in June
2018
Pedcor
Office 5
A two-story building,
of approximately
20,000 square feet,
which will include
office space.
Start: Fall
2015
Completed
Q4 2017
Tenants have moved into the new building
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 7
Kent A three-story building,
of approximately
111,000 square feet of
luxury apartments.
Site drawings were
approved by the CRC
Architectural
Committee.
Start:
Summer
2018
Complete:
June 2021
Site Construction – Start: Spring 2018
Site Work Awarded – Spring 2018
Building Construction – Start: Summer 2018
Building Complete June 2021
- Pool and Site work is still under construction
Hamilton
(Park East
commerci
al/reside
ntial
buildings
Hamilton East: 5
ground floor
residential two-story
townhomes; 7,954 SF
of ground floor
commercial space
Hamilton West: 13,992
SF of ground floor
commercial space
Start:
Summer
2018
Hamilton East - Construction commenced: Summer 2018,
completed Summer 2019
Hamilton West – Construction commenced: Summer 2020, currently under construction
Playfair
and
Holland
A five-story building,
of approximately
178,000 square feet,
which will include 112
luxury apartments and
commercial
retail/office space.
Start:
September
2019
Complete:
Spring
2022
Approx.
112
Apartment
s
Windsor A four-story building,
of approximately
64,000 square feet.
Start:
Summer
2022
Complete:
May/June
2024
September 2024
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 8
Wren A six-story building of
approximately
157,000 square feet,
which will include
luxury apartments and
commercial
office/retail space.
Start:
Summer
2020
Complete:
June 2024
Currently under construction
Note: All completion dates indicated above are per the Completion Guaranties executed between the CRC and Pedcor.
Should Pedcor miss these dates they are obligated to cover the debt obligations.
2) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
3) CRC Commitments
An overview of commitments has been uploaded to the CRC website.
Most significantly, the CRC committed to publicly bid a four-story parking garage with not less than
620 parking spaces which has been completed and is available for public use. The CRC also
commits to coordinate any significant site plan changes requested by Pedcor with City Council.
September 2024
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 9
PROSCENIUM
1) Developer Partner(s): Novo Development
Group
2) Economic Development Area: 126th Street
3) Project Summary: Mixed-use development,
multiple buildings.
1) 197 Apartments; 22 for-sale condos
2) Approx. 140,000 SF of office and retail
space
3) Approx. 450 parking spaces (public and
private)
Total project budget: $60,000,000
4) Anticipated Project Schedule
Design Start 2016
Construction Start 2018
Construction Complete 2022
Tavern Construction Start Estimated Fall 2023
Tavern Construction Complete Estimated
5) Construction Milestones: Construction is complete. Construction of the Tavern estimated to begin fall
2023.
6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments
No commitments by the CRC have been made.
September 2022
September 2022
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 10
The City will be relocating and burying Duke Energy’s transmission line and completing road
improvements adjacent to the development.
MELANGE
1)Developer Partner(s): Onyx + East
2)Economic Development Area: Firehouse
3)Project Summary: 45 for-sale townhomes
and approximately 12 for-sale flats
4)Total project budget: $30,000,000
5)Anticipated Project Schedule
Construction Start May 2021
Complete Estimated
December 2023
6)Construction Milestones: Construction is
underway.
7)CRC Commitments
CRC contributed land to the development of this project, relocated the CFD generator, and is funding
infrastructure, road work, and utility relocations with TIF.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering September 2023
Rendering
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 11
CIVIC SQUARE GARAGE
1) CRC Design-Build Project
2)Economic Development Area: Carmel City
Center/Carmel City Center Amendment
3)Project Summary:
- 303-space parking garage
- 255 spaces will be open to the public
- 48 spaces are reserved for owner-occupied condos
that will line the west and north sides of the garage (to
be developed as part of a future CRC project)
4)Total project budget: $9,700,000
5)Anticipated Project Schedule
Construction Start January 2022
Construction End Opened
Summer 2022
6)Construction Milestones: Garage is now open for
public use.
7)CRC Commitments
The CRC will be involved with development and construction of the parking garage
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
September 2022 Rendering
March 2023
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 12
FIRST ON MAIN
1)Developer Partner(s): Lauth Group, Inc.
2)Economic Development Area: Lot One
3)Project Summary:
- 310-space public parking garage
- Four-story, 73,000 SF Class-A office building with first floor restaurant space and a private rooftop terrace
- 8 condominiums
- 35 apartments
- Community gathering plaza featuring the City’s Rotary Clock
4)Total project budget: $35,000,000
5)Anticipated Project Schedule
Construction Start Fall 2021
Construction End Estimated
November 2023
6)Construction Milestones: Construction is underway.
7)CRC Commitments
CRC contributed the land for this development. Future commercial taxes from the project (TIF) are being
used to fund infrastructure improvements that may include the garage, utility relocations, and roadway
improvements.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
January 2024
Rendering
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 13
THE SIGNATURE
1)Developer Partner(s): Tegethoff Development and Great Lakes Capital
2)Economic Development Area: Main and Old Meridian
3)Project Summary:
- 8 owner-occupied flats/condos
- 295 luxury apartments
- 15k sf of office/retail
- 374 structured parking spaces
- Dedication of land for future street
4)Total project budget: $78,000,000
5)Anticipated Project Schedule
Construction Start November 2021
Construction End Estimated December 2023 w/ retail buildouts ongoing through
Spring 2024
6)Construction Milestones: Construction is underway.
7)CRC Commitments:
Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that
may include the garage, utility relocations, and roadway improvements.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering September 2024
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 14
MAGNOLIA
1)Developer Partner(s): Old Town Companies
2)Economic Development Area: Magnolia
3)Project Summary: Multi-phase development that will include six condominium buildings with five units
per building, for a total of 30 for-sale condos, and future multi-family residential on the corner of City
Center Drive and Rangeline Road.
4)Total project budget:
5)Anticipated Project Schedule
Construction Start April 2022 (Building 1)
Construction End Estimated 2025 (Buildings 4-6)
6)Construction Milestones: Construction is underway.
7)CRC Commitments: CRC contributed the land for the development of this project.
8)Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
Rendering September 2024
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 15
THE MUSE
1)Developer Partner(s): Kite Reality Group
2)Economic Development Area: The Corner
3)Project Summary: mixed-use project consisting of 278 apartments, 25,000 square feet of office/retail
space, and a free 364-space public parking garage
4)Total project budget: $69,000,000
5)Anticipated Project Schedule
Construction Start Late 2021
Construction End
Bldg A/Garage: Estimated December 2023
Bldg B: Estimated April 2024
6)Construction Milestones: Construction is underway.
7)CRC Commitments
Future commercial taxes from the project (TIF) are being used to construct the public parking garage,
utility relocations, and streetscape improvements.
8)Council and/or CRC Action Items
Rendering
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 16
HAMILTON CROSSING
1)Developer Partner(s): Kite Reality Group and Pure Development, Inc.
2)Economic Development Area: Amended 126th Street
3)Project Summary: New home of Republic Airways. 105,000 square-foot training facility with 20
classrooms, 94 workstations, two cabin trainers, and eight flight simulators. The hotel adjacent to the
training center will be expanded to 274 rooms. 1,900 jobs brought/created with Republic alone.
4)Total project budget: $200,000,000 investment for Phase 1 and II
5)Anticipated Project Schedule
Construction Start HQ/Corporate Housing: Winter 2021 (Complete)
Garage: Winter 2022
Construction End HQ/Corporate Housing: Completed
Garage: Estimated April 2024
6)Construction Milestones: Construction is underway. Training Center is open.
7)CRC Commitments
Future commercial taxes from the project (TIF) are being used to fund infrastructure improvements that
may include the garage, utility relocations, and roadway improvements.
8)Council and/or CRC Action Items
Rendering
Rendering
September
2024
2024 2024
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 17
PROSCENIUM II
1) Developer Partner(s): Novo Development Group
2) Economic Development Area: Amended 126th Street
3) Project Summary: Mixed-use development
i. 120 parking spaces
ii. 48 Apartments; 7 for-sale condos
iii. Approx. 15,000 SF of office and retail space
iv. Approx. Total project budget: $18,000,000
4) Anticipated Project Schedule
Design Start 2021
Construction Start 2022
Construction Complete Estimated August 2024
5) Construction Milestones: Construction is underway.
6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments
No commitments by the CRC have been made.
Rendering September 2024
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 18
AT&T SITE
1) Developer Partner(s): Buckingham Companies, Third Street Ventures, Pure Development, and
Merchants Banks
2) Economic Development Area: 3rd Ave ATT
3) Project Summary: Mixed-use development
i. 443 parking spaces
ii. 244-unit multi-family building; 2 single family homes
iii. Approx. 80,000 SF of corporate headquarters; 37,000 SF boutique headquarters
iv. Approx. Total project budget: $133,000,000
4) Anticipated Project Schedule
Design Start 2022
Construction Start 2024
Construction Complete December 2025
5) Construction Milestones: Construction is underway.
6) Council and/or CRC Action Items
ACTION ITEM CITY COUNCIL CRC
7) CRC Commitments
No commitments by the CRC have been made.
Respectfully submitted,
Rendering June 2024
PROJECT UPDATES
September 27, 2024 CRC Report for October 7, 2024, City Council Meeting P a g e | 19
Henry Mestetsky
Executive Director
Carmel Redevelopment Commission/Department
September 27, 2024
Prepared for City Council and the Redevelopment Commission
-End Report-
CARMEL HISTORIC PRESERVATION COMMISSION
QUARTERLY REPORT TO CARMEL CITY COUNCIL
OCTOBER 2024
July 2024 to September 2024
• Staff gave a training session for commissioners on the history of post-World War II architecture in Carmel,
its connection to the concurrent economic boom of the era, and the necessity of preserving homes from this
period.
• Owners of properties included in the 2014 Carmel/Clay Township Historic Architecture Survey were
invited via letter to apply for the façade grant. The goal of the grant program is to restore and rehabilitate
the exteriors of historic properties within the city. During the application process, CHPC staff met with
potential applicants to discuss their restoration projects, provide technical assistance/general preservation
advice, and provide education about the Historic Preservation Commission.
CHPC staff reviewed the applications and scored them in terms of completeness, scope of work, and
adherence to the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Staff
recommendations were then submitted to the commission for their review. On September 12th, the
commission approved funding for 4 of the 5 eligible applicants. Total approved funding was $21,436.51.
• Indiana Landmarks closed the sale of the Wilkinson House at 2724 E. Smoky Row to the Uber family and
are now working on adding utilities. Staff is also working to complete the property’s Preservation Plan.
• The Commission placed the pre-Civil War era Wise House at 10750 Hazel Dell Parkway under six-month
interim protection with the agreement of owner Martin Marietta through the City’s Demolition Delay
Ordinance. Staff is currently seeking opportunities to relocate the home and avoid demolition.
• Under the Demolition Delay Ordinance, the Commission voted 7-0 to place 331 West Main Street under
sixty-day interim protection, seeking opportunities to relocate the home and avoid demolition.
• The Commission awarded its first grant under its new National Register grant application program to Philip
Ranly at 1201 E 106th St.
• The Applegate-Johnson Farmstead at 9680 Haverstick Rd has been added to the National Register of Historic
Places effective August 2024, the application having been originally approved by the Commission.
• Throughout the previous quarter, CHPC staff continued to participate in the review of improved location
permit applications for historic properties, per the stipulations of the 60-day demolition delay ordinance.
Respectfully submitted,
Mark Dollase
Carmel Historic Preservation Commission Administrator
SPONSOR(s): Councilors Aasen, Hannon,
Rider and Worrell
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 11/1/2023 at 4:25 p.m. No subsequent revision to this
Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
ORDINANCE NO. D-2696-23 1
2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
ADDING CHAPTER 8, ARTICLE 4, SECTION 8-44 TO THE CARMEL CITY CODE 4
5
Synopsis: Establishes a speed limit of 20 miles per hour within roundabouts. 6
7
WHEREAS, the City of Carmel, Indiana, has the authority to establish motor vehicle speed limits 8
pursuant to Indiana Code § 9-21-5-6 and City Code Section 8-15; and 9
10
WHEREAS, for the safety of the travelling public, the Common Council now finds it necessary to 11
establish a speed limit of twenty (20) miles per hour within City roundabouts. 12
13
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 14
Indiana, as follows: 15
16
Section 1. The foregoing Recitals are fully incorporated herein by this reference. 17
18
Section 2. Carmel City Code Chapter 8, Article 4, Section 8-44 is hereby added to the Carmel City 19
Code to read as follows: 20
21
Ҥ 8-44 Twenty m.p.h. Speed Limit Within Roundabouts. 22
23
No person shall drive a motor vehicle in excess of twenty (20) miles per hour within a 24
roundabout.” 25
26
Section 3. The Carmel Street Department is directed to promptly add the appropriate signage to 27
fulfill the mandates contained in this Ordinance upon its passage. 28
29
Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 30
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. 31
However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or 32
liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. 33
Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under 34
such repealed or amended ordinance as if this Ordinance had not been adopted. 35
36
Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional or 37
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as 38
enforcement of same can be given the same effect. 39
40
Section 6. This Ordinance shall be in full force and effect from and after the date of its passage, 41
execution by the Mayor, and publication as required by law. 42
43
44
45
Ordinance D-2696-23 46
Page One of Two 47
48
SPONSOR(s): Councilors Aasen, Hannon,
Rider and Worrell
PASSED, by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2024,49
by a vote of _____ ayes and _____ nays. 50
51
COMMON COUNCIL FOR THE CITY OF CARMEL 52
53
54
55
56
57
58
59
60
61
62
63
64
Adam Aasen
____________________________________ Teresa Ayers
____________________________________
Ryan Locke
___________________________________ Rich Taylor65
66
67
68
69
70
71
72
___________________________________ Anthony Green
___________________________________ Jeff Worrell
___________________________________
Shannon Minnaar
___________________________________ Matthew Taylor
___________________________________ Anita Joshi
ATTEST:
__________________________________ Jacob Quinn, Clerk73
74
75 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of
_________________________ 2024, at _______ __.M.76
77
78 ____________________________________ Jacob Quinn, Clerk79
80
81 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day
of ________________________ 2024, at _______ __.M.82
83
84 ____________________________________ Sue Finkam, Mayor85
86
87
88
89
90
91
ATTEST:
___________________________________ Jacob Quinn, Clerk
Ordinance D-2696-23
Page Two of Two
This Ordinance was prepared by Jon Oberlander, Corporation Counsel, on 11/1/2023 at 4:25 p.m. No subsequent revision to this
Ordinance has been reviewed by Mr. Oberlander for legal sufficiency or otherwise.
92
93
SPONSOR(S): Taylor, Snyder
ORDINANCE NO. D-2726-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, APPROVING AND ADOPTING A THIRD AMENDMENT 4
TO INTERLOCAL AGREEMENT 5 6 THIRD AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT 7 8 This Third Amendment to Interlocal Cooperation Agreement (“Third Amendment”) is by 9
and between the City of Carmel, Indiana (the “City”) and Clay Township of Hamilton County, 10
Indiana (the “Township”), and shall be effective upon its adoption by the legislative body of both 11 the City and the Township and recording with the Hamilton County Recorder. 12 13 WHEREAS, the City and Township entered into a certain Interlocal Cooperation 14
Agreement adopted by the Township by Resolution and by the City under Ordinance No. D-1603-15
02 dated July 26, 2002 (the “Original Agreement”) to provide joint park and recreation services to 16 the residents of the City and the Township through the Carmel/Clay Board of Parks and Recreation 17 (the “Joint Board”); and 18 19
WHEREAS, the Original Agreement was amended by an Amendment to Interlocal 20
Agreement adopted by the Township by Resolution and by the City under Ordinance D-1740-04 21 dated February 7. 2005 (the “First Amendment”) which provided, among other things, for the 22 adjustment of the size and composition of the Joint Board and the payment by the Township of 23 certain County Option Income Tax funds, now referred to as Local Income Tax (“LIT”) funds to 24
capital projects approved by the Joint Board; and 25
26 WHEREAS, the Original Agreement was further amended by a Second Amendment to 27 Interlocal Agreement adopted by the Township by Resolution and by the City under Ordinance D-28 1998-10 dated July 2, 2010 (the “Second Amendment”), which expanded authorized expenditures 29
for the LIT received by the Township (the Original Agreement, the First Amendment and the 30
Second Amendment collectively the “Amended Agreement”); and 31 32 WHEREAS, the Township entered into a certain lease dated January 20, 2004, as 33 amended, by and between the Township and the Carmel/Clay Board of Parks and Recreation (the 34
“Lease”) to provide for the financing of the Carmel Clay Central Park and Monon Center Project; 35
and 36 37 WHEREAS, the Amended Agreement provides that upon the Township’s final Lease 38 payment for the Central Park Lease-Rental Bonds scheduled to be made on January 15, 2025, the 39
Township’s appointments to the Joint Board are automatically terminated and the Township’s 40
participation in the Joint Board terminates; and 41 42 WHEREAS, the Township has demonstrated its commitment to the joint parks 43 undertaking with the City by issuing bonds to finance projects for the Joint Board including the 44
following: Clay Township General Obligation Bonds, Series 2019B through H and Series 2019J 45
and K in a total principal amount of $30,917,690.10; Clay Township General Obligation Bonds 46 47 48 Ordinance D-2726-24 49
Page One of Four 50
2
Series 2020A in the principal amount of $3,530,000.00; and Clay Township General Obligation 51 Bonds, Series 2022 in the principal amount of $3,100,000 (Parks Related Only), all as further 52 described in Exhibit A attached hereto which bonds are payable solely by the Township for the 53 benefit of the Joint Board through January 15, 2042 (collectively the “Bond Payments”); and 54
55
WHEREAS, the Township and City are in ongoing discussions to determine how best to 56 provide necessary long-term funding to support the Joint Board in the future; and 57 58 WHEREAS, it is in the Carmel and Clay communities’ best interest to maintain the current 59
size and composition of the Joint Board until a funding solution is determined; and 60
61 WHEREAS, the parties desire to revise and amend the Interlocal Cooperation Agreement 62 in accordance with the terms of this Third Amendment. 63 64
NOW, THEREFORE, it is mutually agreed by and between the parties as follows: 65
66 1. Conditional Revision of Section 2.2. Notwithstanding any other provision of the 67 Amended Agreement, so long as the Township makes timely payments on the outstanding Bond 68 Payments, Section 2.2 of the Agreement shall be revised and amended in its entirety to read as 69
follows: 70
71 2.2 The Joint Board shall consist of nine (9) members appointed or selected as follows: 72 73 a. Four (4) members of the Joint Board shall be appointed by the Mayor on the 74
basis of their interest and knowledge of parks and recreation and must be 75
residents of the City. 76 b. Four (4) members of the Joint Board shall be appointed by the Trustee on the 77 basis of their interest and knowledge of parks and recreation and must be 78 residents of the Township. 79
c. One (1) member of the Joint Board shall be appointed by the Board of 80
Education for Carmel/Clay Schools and must be an elected member thereof. 81 d. No more than two (2) of the Mayor’s appointments to the Joint Board shall be 82 from the same political party. 83 e. No more than two (2) of the Trustee’s appointments to the Joint Board shall be 84
from the same political party. 85
f. An elected official of the City or Township shall not be eligible to serve as a 86 member of the Joint Board. 87 g. The Mayor and Trustee shall continue to stagger the date of appointment of 88 members serving on the Joint Board in a manner similar to that which exists at 89
the time of adoption of this Amendment and shall maintain records reflecting 90
the date of appointment and term of each member so appointed. 91 92 Revised Section 2.2, as set forth above, shall automatically terminate and be of no further force or 93 effect on the first date on which the Township fails to timely pay any portion of the Bond Payments 94
referenced in Exhibit A. 95
96 97 Ordinance D-2726-24 98 Page Two of Four 99
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2. Ratification. In all other respects, and except as amended by this Third 100 Amendment, the parties hereby ratify, approve and continue the Amended Agreement in every 101 way. This Third Amendment shall be incorporated into the terms of the Amended Agreement as if 102 set forth in full therein. 103
104
3. Termination. This Third Amendment shall automatically terminate on December 105 31, 2026 unless revised or extended in writing by the legislative body of the Township and the 106 City. 107 108
4. Enforceability. This Third Amendment is entered into pursuant to I.C. 36-1-7, et. 109
seq., and the same may be amended or supplemented from time to time. The Amendment shall be 110 recorded in the office of the Hamilton County Recorder after approval by the City and the 111 Township, and shall be filed with the State Boad of Accounts for audit purposes, as required by 112 I.C. 36-1-7, and shall not be deemed enforceable and binding until it is recorded with the County 113
Recorder. This Amendment may be executed in multiple counterparts, each of which shall be an 114
original and all of which together shall constitute one and the same instrument. 115 116 Passed, by the Common Council of the City of Carmel, Indiana, this _____ day of 117 __________, 2024, by a vote of _____ ayes and _____ nays. 118
119 COMMON COUNCIL OF THE CITY OF CARMEL 120 121 ________________________________ ______________________________ 122 Anthony Green, President Adam Aasen, Vice President 123
124
________________________________ ______________________________ 125 Theresa Ayers Anita Joshi 126 127 ________________________________ ______________________________ 128
Ryan Locke Shannon Minnnar 129
130 ________________________________ ______________________________ 131 Matthew Snyder Richard F. Taylor III 132 133
________________________________ 134
Jeff Worrell 135 136 ATTEST: 137 138
________________________________ 139
Jacob Quinn, Clerk 140 141 142 143
144
145 146 Ordinance D-2726-24 147 Page Three of Four 148
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Presented by me to the Mayor of the City of Carmel, Indiana, this _____ day of 149 ____________, 2024, at _____ __M. 150 151 __________________________________ 152
Jacob Quinn, Clerk 153
154 155 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ____________, 156 2024, at _____ __M. 157
158
___________________________________ 159 Sue Finkam, Mayor 160 161 ATTEST: 162
163
___________________________________ 164 Jacob Quinn, Clerk 165 166 167
ALL OF WHICH IS AGREED by and between the Township on the date set forth below. 168
169 170 CLAY TOWNSHIP 171 HAMILTON COUNTY, INDIANA 172
173
174 By: _________________________________ 175 Paul K. Bolin, Chairman 176 177
_________________________________ 178
Douglas Callahan, Secretary 179 180 _________________________________ 181 Mary Eckard, Member 182
183
184 185 CLAY TOWNSHIP 186 HAMILTON COUNTY, INDIANA 187
188
189 By: __________________________________ 190 Paul Hensel, Township Trustee 191 192
193
194 195 Ordinance D-2726-24 196 Page Four of Four 197
198
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EXHIBIT A 199 200 List of Clay Township Bonds 201 202
Project Bond Series Par Amount Last Payment Date West Park 2019B $4,765,858.85 1/15/2039 Inlow Park 2019C $2,639,928.00 1/15/2039 Meadowlark Park 2019D $4,132,416.05 1/15/2039
Carey Grove Park 2019E $2,080,859.95 1/15/2039
River Heritage Park 2019F $3,070,003.05 1/15/2039 Monon Greenway 2019G $4,754,500.50 1/15/2039 Japanese Gardens 2019H $3,093,925.75 1/15/2039 Flowing Well Park 2019J $1,935,990.20 1/15/2039
Central Park 2019K $4,444,207.55 1/15/2039
106th Street Pedestrian Bridge 2020A $3,530,000.00 7/15/2040
Carter Green Project 2022 $1,700,000.00 1/15/2042 Japanese Outdoor
Structures
2022 $ 600,000.00 1/15/2042
General Parks Projects 2022 $ 800,000.00 1/15/2042 Total: $37,547,689.90 203
204 205 206 207 208
209 210 211 212 213
214
215 216 217 218
This instrument prepared by and should be returned upon recording to: Brian C. Bosma, Esq., 219
Kroger Gardis & Regas, LLP, 111 Monument Circle, Suite 900, Indianapolis, IN 46204-5125 220 221 222 I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social 223
Security number in this document, unless required by law. Brian C. Bosma. 224
225 226
Sponsor(s): Councilor(s) Worrell, Locke, Taylor and Snyder 1
ORDINANCE D-2729-24 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, APPROVING CERTAIN CARMEL REDEVELOPMENT AUTHORITY 4 LEASE RENTAL BONDS TO FINANCE VARIOUS ROAD IMPROVEMENTS AND 5 OTHER CAPITAL PROJECTS IN THE CITY AND TO REFINANCE CERTAIN 6 OUTSTANDING BONDS 7
Synopsis: 8
This ordinance approves the issuance of Carmel Redevelopment Authority lease rental bonds in 9
the maximum principal amount of $110,000,000 for the purpose of financing various local and 10 arterial road and street system and other capital projects in the City and refinancing certain 11 outstanding bonds, together with the related financing Leases, which Leases are payable from a 12
special benefits tax to be levied on all owners of taxable property in the City. 13
WHEREAS, the City of Carmel Redevelopment Authority (the “Authority”) has been 14 created pursuant to Indiana Code 36-7-14.5 as a separate body corporate and politic, and as an 15 instrumentality of the City of Carmel, Indiana (the “City”) to finance local public improvements 16 for lease to the City of Carmel Redevelopment Commission (the “Commission”), as the 17
governing body of the City of Carmel Redevelopment District (the “District”); and 18
WHEREAS, the Authority has adopted, or is expected to adopt, one or more resolutions 19 indicating its intent to issue one or more series of its lease rental revenue bonds, all or any 20 portion of which may be taxable or tax-exempt for federal income tax purposes, in the maximum 21 aggregate principal amount of One Hundred Ten Million Dollars ($110,000,000) (collectively, 22
the “Bonds”), to provide funds for the purposes of: (a) financing the acquisition by the Authority 23
from the City of all or any portion of the real property described in Exhibit B to the form of the 24 New Money Lease (as hereinafter defined) (the “Real Property”), and the use by the City of the 25 proceeds of such sale to finance or reimburse the cost of the acquisition, design, construction, 26 renovation, improvement and/or equipping of the local and arterial road and street system 27
projects and one or more other independent capital projects at facilities owned or operated by or 28
on behalf of the City or a related party, each of which will not cost the City more than 29 $6,350,000, all as more particularly identified on Exhibit A hereto and made a part hereof (clause 30 (a), collectively, the “Projects”); (b) effecting a current refunding of the Authority’s outstanding 31 County Option Income Tax Lease Rental Revenue Refunding Bonds, Series 2014B, currently 32
outstanding in the aggregate principal amount of $15,570,000 (the “2014B Bonds”), which 33
2014B Bonds were previously issued to refund prior bonds that originally financed various local 34 and arterial road and street system in the City; (c) paying capitalized interest on any series of the 35 Bonds, if necessary; and (d) paying all costs incurred on account of or in connection with the 36 issuance and sale of the Bonds, including the premiums for any credit enhancement or credit 37
facility purchased in connection with the issuance of the Bonds (clauses (a) through and 38
including (d), collectively, the “Program”); and 39
WHEREAS, the Authority and the Commission have adopted, or are expected to adopt, 40 resolutions approving a Second Amendment to Lease Agreement between the Authority, as 41
2
lessor, and the Commission, as lessee, related to the series of Bonds to be issued to provide funds 42 to refund the 2014B Bonds (the “Refunding Lease”), and a Lease Agreement between the 43
Authority, as lessor, and the Commission, as lessee, related to the series of Bonds to be issued to 44
provide for funds to pay the costs of the Projects (the “New Money Lease” and, together with the 45 Refunding Lease, the “Leases”), for the purpose of paying the principal and interest on the 46 Bonds issued pursuant to Indiana Code 36-7-14.5 to finance the Program; and 47
WHEREAS, the annual rentals (the “Lease Rentals”) payable by the Commission under 48
the Leases will be pledged by the Authority to pay debt service on the Bonds; and 49
WHEREAS, the payment of the Lease Rentals will be secured solely by a pledge of the 50 revenues derived by the Commission from the levy of a special benefits tax pursuant to Indiana 51 Code 36-7-14-27; and 52
WHEREAS, the Commission scheduled a public hearing regarding the Leases pursuant 53
to Indiana Code 36-7-14-25.2, as amended, and published a notice of such public hearing on the 54
respective Leases pursuant to Indiana Code 5-3-1, and said public hearings have been held and 55 all interested parties were provided the opportunity to be heard at the hearings; and 56
WHEREAS, pursuant to Indiana Code 36-7-14.5-14 and Indiana Code 36-7-14-25.2, the 57 Commission has adopted a resolution finding that the lease rental payments to be paid by the 58
Commission to the Authority pursuant to the Leases are fair and reasonable, and that the terms of 59
the Leases are based upon the value of the Leased Premises (as defined in the form of Leases) 60 and the use of the Leased Premises and the Projects throughout the term of the Lease will serve 61 the public purpose of the City and is in the best interests of its residents; and 62
WHEREAS, the Common Council desires to approve the forms of the Leases pursuant to 63
Indiana Code 36-7-14-25.2, which provides that any lease approved by a resolution of the 64
Commission must be approved by an ordinance or resolution of the fiscal body of the City; and 65
WHEREAS, the proceeds of the sale of the Real Property to the Authority (the “Sale 66 Proceeds”) have not been included in the existing budget for the City, and the City now desires 67 to appropriate the Sale Proceeds for the purpose of being applied to the payment of the costs of 68
the Program; and 69
WHEREAS, notice of a hearing on said appropriation has been duly given by publication 70 as required by law, and the hearing on said appropriation has been held, at which all taxpayers 71 had an opportunity to appear and express their views as to such appropriation; 72
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE 73
CITY OF CARMEL, INDIANA, as follows: 74
Section 1. Approval of Leases, Bonds and Trust Indenture. The Common Council 75 hereby approves the issuance of the Bonds by the Authority pursuant to Indiana Code 36-7-14.5-76 19, the execution and delivery of the Leases, as approved by the Commission, pursuant to 77 Indiana Code 36-7-14-25.2, including the levy by the Commission of a special benefits tax 78
pursuant to Indiana Code 36-7-14-27 during the term of the Leases to provide necessary funds 79
from which to pay the Lease Rentals under the Leases, the execution and delivery of a Trust 80
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Indenture for the Bonds, to be entered into between the Authority and a trustee bank to be chosen 81 by the CFO/Controller, as trustee, and the pledge of the lease rentals thereunder to the payment 82
of the Bonds, pursuant to IC 36-7-14.5-21, all subject to the following conditions: (a) the 83
maximum aggregate original principal amount of the Bonds shall not exceed $110,000,000; (b) 84 any series of the Bonds issued to refund the 2014B Bonds, together with a portion of the costs of 85 issuance allocable thereto, shall have a term ending no later than July 15, 2027, and any series of 86 Bonds issued to finance the costs of the Projects, together with any capitalized interest and a 87
portion of the costs of issuance allocable thereto, shall have a term not longer than twenty (20) 88
years, commencing from the date of issuance of such series of bonds; (c) the maximum 89 aggregate annual lease rental payments during the terms of the Leases shall not exceed Eight 90 Million Five Hundred Thousand Dollars ($8,500,000); (d) the maximum interest rate on the 91 Bonds shall not exceed five percent (5.0%) per annum; (e) the Bonds may be subject to 92
redemption prior to maturity on any date not earlier than eight (8) years following the date of 93
issuance of the applicable series of Bonds, with such specific dates and redemption terms 94 determined at the time of the sale of such series of Bonds and approved by the Authority in the 95 purchase agreement for the applicable series of Bonds, all upon the advice of the financial 96 advisor to the Authority; (f) the maximum term of any Lease shall not exceed twenty-two (22) 97
years, provided however, that the lease rental schedule allocable to any given series of the Bonds 98
may not exceed twenty (20) years following the commencement of such term; and (g) interest on 99 any series of the Bonds may be capitalized for a period not to exceed three (3) years from the 100 date of issuance thereof. Notwithstanding anything herein to the contrary, the Common Council 101 acknowledges and agrees that the Authority and the Commission may execute separate Leases in 102
order to effectuate the intent of this Ordinance, so long as the terms and conditions of such 103
Leases, in the aggregate, are consistent with the terms and conditions of this Ordinance. 104
Section 2. Sale of Right-of-Way; Appropriation of Sale Proceeds. The Common 105 Council hereby authorizes the sale to the Authority of the existing Real Property which will 106 comprise or be included in the Leased Premises under the New Money Lease, for a price 107
sufficient to cover the costs of the Program, but in any event not to exceed $110,000,000. The 108
Mayor, Clerk, CFO/Controller and other officers of the City are hereby authorized to take such 109 actions and execute such documents as may be necessary to effectuate such sale and transfer. 110 There is hereby appropriated a sum of $110,000,000, together with all investment earnings 111 thereon, to be provided for out of the Sale Proceeds for the purpose of providing funds to be 112
applied to the costs of the Program. Such appropriation shall be in addition to all appropriations 113
provided for in the existing budget and shall continue in effect until the completion of the 114 Program. The Mayor, the CFO/Controller and the Clerk are hereby authorized to take all such 115 actions and execute all such instruments as are necessary or desirable to effectuate this 116 appropriation, including the filing of a report of this appropriation with the Indiana Department 117
of Local Government Finance. 118
Section 3. Authorization of Other Actions. Each of the Mayor, any member of the 119 Common Council, the CFO/Controller and the Clerk, and any other officer, employee or agent of 120 the City is hereby authorized and directed, for and on behalf of the City, to execute and deliver 121 any contract, deed, agreement, certificate, instrument or other document and to take any action as 122
such person determines to be necessary or appropriate to accomplish the purposes of this 123
Ordinance, such determination to be conclusively evidenced by such person’s execution of such 124
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contract, deed, agreement, certificate, instrument or other document or such person’s taking of 125 such action. 126
Section 4. Effectiveness. This Ordinance shall be in full force and effect from and 127
after its adoption by the Common Council and upon compliance with the procedures required by 128 law. 129
[Signature Page Follows] 130
131
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PASSED by the Common Council of the City of Carmel, this _____ day of _____________, 132 2024, by a vote of ______ ayes and _____ nays. 133
COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 134 135 ___________________________________ 136 Anthony Green, President Adam Aasen, Vice-President 137 138
___________________________________ ____________________________________ 139
Teresa Ayers Anita Joshi 140 141 ___________________________________ ____________________________________ 142 Ryan Locke Shannon Minnaar 143
144
___________________________________ ___________________________________ 145 Matt Snyder Rich Taylor 146 147 ___________________________________ 148
Jeff Worrell 149
150 ATTEST: 151 152 __________________________________ 153
Jacob Quinn, Clerk 154
155 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 156 _________________________ 2024, at _______ __.M. 157 158
____________________________________ 159
Jacob Quinn, Clerk 160 161 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 162 ________________________ 2024, at _______ __.M. 163
164
_________________________________ 165 Sue Finkam, Mayor 166 167 ATTEST: 168
169
___________________________________ 170 Jacob Quinn, Clerk 171 172 Prepared by: Bradley J. Bingham, Esq. 173 Barnes & Thornburg LLP 174 11 South Meridian Street 175 Indianapolis, IN 46204 176
A-1
DMS 44440816.2
EXHIBIT A 177 178 DESCRIPTION OF PROJECTS 179 180 (1) All or any portion of the acquisition, design, inspection, construction, renovation, 181
replacement, improvement and/or equipping of road and street system projects, together with bike 182
or walking paths or trail systems and related projects or improvements connected to the City’s road 183 and street systems, including, but not limited to, the following: 184
(a) roundabout or crosswalk and related improvements at the Smoky Row and 185 Ironwood Drive intersection; 186
(b) roundabout and related improvements at the Illinois Street & Zotec Drive 187
intersection 188 (c) roundabout and related improvements at the 106th Street & Lakeshore Drive 189 intersection; 190 (d) roundabout and related improvements at the 106th Street & Haverstick Drive 191
intersection; 192
(e) roundabout and related improvements at the 116th Street & Lakeshore Drive 193 intersection; 194 (f) roundabout and related improvements at the 116th Street & Haverstick Drive 195 intersection; 196
(g) streetscaping improvements along Carmel Drive; 197
(h) streetscaping improvements along Main Street; 198 (i) road reconstruction of 3rd Avenue from Carmel Drive to City Center; 199 (j) Monon Trail bridge over 106th Street; 200 (k) Monon Trail tunnel under 111th Street; 201
(l) Raised crosswalks at select roundabouts; and 202
(m) Right-of-way acquisition for road and street system improvements and related 203 infrastructure benefitting or serving the CNO property; and/or 204 205 (2) All or any portion of the acquisition, design, inspection, construction, renovation, 206
replacement, improvement and/or equipping of one or more capital projects, each with an 207
independently desirable end in itself without reference to another capital project, at facilities owned 208 or operated by or on behalf of the City or a related party, each of which will not cost the City more 209 than $6,350,000 (excluding any costs permitted to be excluded therefrom pursuant to I.C. 6-1.1-20-210 0.7), including, but not limited to, the following: 211
(a) Fire Station Improvement Projects, including: 212
(i) Safe House Elevator; 213 (ii) Station 41 - Dumpster and Generator Corral, EMS Cart/Bike Storage; 214 (iii) Station 41 – HVAC replacement; 215 (iv) Station 45 – Sprinkler; and/or 216
(v) Stations 42, 45, and 46 – Bunk conversion to individual quarters; 217
(b) Facilities Workshop at City Hall; 218 (c) Bear Creek Park improvements; 219 (d) Monon Greenway improvements; and 220 (e) Fiber Expansion 221
222
(paragraphs (1) and (2) above, collectively, the “Projects”); provided, however, that no proceeds of 223 the Bonds shall be spent on public art, and further provided that any proceeds of the Bonds 224
A-2
remaining after the completion of the Projects and in the priority described above may only be used 225
for additional projects specifically approved by a majority of the members of the Common Council, 226 or to pay debt service on the Bonds. 227
LEASE AGREEMENT
between
CITY OF CARMEL REDEVELOPMENT AUTHORITY
LESSOR
and
CITY OF CARMEL REDEVELOPMENT COMMISSION
LESSEE
Dated as of _______ __, 2024
Related to the
City of Carmel Redevelopment Authority Lease Rental Revenue Bonds, Series 2024B
2
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and dated as of this __ day of ________, 2024, by
and between the CITY OF CARMEL REDEVELOPMENT AUTHORITY, as lessor (the “Lessor”), a separate body corporate and politic organized and existing under Indiana Code 36-7-14.5 as an instrumentality of the City of Carmel, Indiana (the “City”), and the CITY OF CARMEL REDEVELOPMENT COMMISSION, as lessee (the “Lessee”), the governing body of the City of
Carmel Department of Redevelopment acting for and on behalf of the City.
WITNESSETH:
WHEREAS, the City has created the Lessor under and in pursuance of the provisions of Indiana Code 36-7-14, Indiana Code 36-7-14.5 and Indiana Code 36-7-25 (collectively, the “Act”), for the purpose of financing, constructing, acquiring and leasing to the Lessee certain local public
improvements and redevelopment projects; and
WHEREAS, the City has created the Lessee to undertake redevelopment and economic development in the City in accordance with the Act; and
WHEREAS, in order to foster economic development in the City, the Lessor and the Lessee desire to provide for the acquisition and construction of the projects set forth on Exhibit A hereto
(collectively, the “Projects”); and
WHEREAS, the Act authorizes the Lessor to issue bonds for the purpose of obtaining money to pay the cost of acquiring property or constructing, improving, reconstructing or renovating local public improvements; and
WHEREAS, the costs of the acquisition and construction of the Projects will be paid from
proceeds of one or more series of lease rental revenue bonds to be issued by the Lessor, in a maximum original principal amount not to exceed One Hundred Ten Million Dollars ($110,000,000) (collectively, the “Bonds”); and
WHEREAS, the annual rentals to be paid under this Lease by the Lessee will be pledged
and assigned by the Lessor to pay debt service on and other necessary incidental expenses of the
Lessor relating to the Bonds; and
WHEREAS, pursuant to Indiana Code 36-7-14-27, the Lessee has the authority to levy a special benefits tax upon all property in the City of Carmel Redevelopment District (the “District”), for the purpose of providing funds to pay the Lessee’s debt service or lease rental obligations; and
WHEREAS, the Lessor has acquired or will acquire interests in the real estate described in
Exhibit B (such real estate, together with any roads or other improvements that, on the date of acquisition thereof, are located thereon, collectively, the “Real Estate” or the “Leased Premises”), and such interests shall be for a term no less than the term of this Lease; and
WHEREAS, the total cost of the Projects, including, but not limited to, costs of refinancing,
acquisition, construction, improvements, architects’ and engineers’ fees, consultants’ services,
3
legal and financing expenses, certain expenses of operation of the Lessor during construction, interest during construction, debt service reserve funds (if any), premiums for credit facilities or
other credit enhancements (if any) and repayment of any funds advanced by the City or Lessee to
meet preliminary expenses necessary to be paid prior to the issuance of bonds by the Lessor, is estimated to be not greater than One Hundred Ten Million Dollars ($110,000,000); and
WHEREAS, the Lessee has determined, after a public hearing held pursuant to the Act after notice given pursuant to Indiana Code 5-3-1, as amended, that the lease rentals provided for
in this Lease are fair and reasonable, that the execution of this Lease is necessary and that the
service provided by the Projects will serve the public purpose of the City and is in the best interests of its residents, and the Common Council has by resolution approved this Lease, and the resolution has been entered in the official records of the Common Council; and
WHEREAS, the Lessor has determined that the lease rentals provided for in this Lease are
fair and reasonable, that the execution of this Lease is necessary and that the service provided by
the Projects will serve the public purpose of the City and is in the best interests of its residents, and the Lessor has duly authorized the execution of this Lease by resolution, and the resolution has been entered in the official records of the Lessor.
THIS AGREEMENT WITNESSETH THAT:
1. Acquisition of Real Estate. The date by which the Lessor acquires the Real Estate and the Leased Premises are available for use shall be endorsed on this Lease at the end hereof by the parties to this Agreement, and such endorsement shall be recorded as an addendum to this Lease substantially in the form of Exhibit C attached hereto.
2. Premises, Term and Warranty. The Lessor does hereby lease, demise and let to
Lessee all of the Lessor’s right, title and interests in and to the Leased Premises.
TO HAVE AND TO HOLD the Leased Premises with all rights, privileges, easements and appurtenances thereunto belonging, unto the Lessee, beginning on the date the first series of Bonds are issued and ending on the day prior to a date not more than twenty-two (22) years
thereafter; provided, however, that the lease rental schedule allocable to any given series of the
Bonds may not exceed twenty (20) years. However, the term of this Lease will terminate at the earlier of (a) the exercise by the Lessee of the option to purchase the Leased Premises pursuant to Section 12 and the payment of the option price, or (b) the payment or defeasance of all bonds issued (i) to finance the cost of the Leased Premises, (ii) to refund all or a portion of the Bonds,
(iii) to refund all or a portion of such refunding bonds, or (iv) to improve the Leased Premises;
provided that no bonds or other obligations of the Lessor issued to finance the Leased Premises remain outstanding at the time of such payment or defeasance. The Lessor hereby represents that it is possessed of, or will acquire, the Leased Premises and the Lessor warrants and will defend the Leased Premises against all claims whatsoever not suffered or caused by the acts or omissions of
the Lessee or its assigns.
Notwithstanding the foregoing, the Leased Premises may be amended to add additional property to the Leased Premises or remove any portion of the Leased Premises, provided however, following such amendment, the rental payable under this Lease shall be based on the value of the
4
portion of the Leased Premises which is available for use, and the rental payments due under this Lease shall be in amounts sufficient to pay when due all principal of and interest on all outstanding
Bonds.
3. Lease Rental. (a) Fixed Rental Payments. The Lessee agrees to pay fixed annual rental for the use and occupancy of the Leased Premises at a maximum annual rate of Eight Million Five Hundred Thousand Dollars ($8,500,000) (the “Fixed Annual Rentals”). The Fixed Annual Rentals shall be payable in advance in semi-annual installments on the dates set forth in
Section 4 hereof, and shall be based on the value of the Leased Premises at the time such semi-
annual installment is made. After the sale of the Bonds issued to finance the acquisition of the Leased Premises, the Fixed Annual Rentals shall be reduced to amounts that correspond with the semi-annual amounts of principal and interest due on the Bonds in each twelve (12) month period ending on each January 15 (or such other date as may be agreed upon by the Lessor and the Lessee
prior the sale of the Bonds, based upon the advice of the municipal advisor to the Lessor and the
Lessee and set forth in the addendum referred to herein) (each, an “Annual Period”), rounded up to the multiple of $1,000 next higher than the sum of principal and interest due on the Bonds in such Annual Period, plus an additional $5,000 to cover the certain annual administrative costs and expenses related to the Bonds. Payment of the Fixed Annual Rentals shall commence on the later
of (i) the date the Real Estate is acquired by the Lessor, or (ii) a date to be determined at the time
of the sale of the Bonds, but no earlier than January 1, 2025. Such date and the amount of each semi-annual installment of such reduced Fixed Annual Rentals shall be endorsed on this Lease, substantially in the form of Exhibit C attached hereto, by the parties hereto at the time of issuance of the Bonds and recorded as an addendum. Thereafter, the Fixed Annual Rentals shall be payable
in advance in semi-annual installments on January 1 and July 1 of each year. If more than one
series of Bonds is issued, the amount of Fixed-Annual Rentals shall be adjusted and endorsed on this Lease, substantially in the form of Exhibit D attached hereto, by the parties hereto at the time of the issuance of such additional series of Bonds and recorded as an addendum to the Lease.
(b) Additional Rental Payments. The Lessee shall pay as further rental, in
addition to the rentals paid under Section 3(a) for the Leased Premises, certain additional amounts
as described in this section (such further rentals described in this Section 3(b), the “Additional Rentals”), including: (i) The amount of all taxes and assessments levied against or on account of the
Leased Premises or the receipt of lease rental payments and the amount required to reimburse the
Lessor for any insurance payments made by it under Section 7. Any and all such payments shall be made and satisfactory evidence of such payments in the form of receipts shall be furnished to the Lessor by the Lessee, at least three (3) days before the last day upon which such payments must be paid to avoid delinquency. If the Lessee shall in good faith desire to contest the validity
of any such tax or assessment, the Lessee shall so notify the Lessor and shall furnish bond with
surety to the approval of the Lessor conditioned for the payment of the charges so desired to be contested and all damages or loss resulting to the Lessor from the nonpayment thereof when due, the Lessee shall not be obligated to pay the contested amounts until such contests shall have been determined.
(ii) To the extent applicable to any series of Bonds, the Lessee shall also pay as Additional Rentals the amount calculated by or for the Lessor as the amount required to be rebated,
5
or paid as a penalty, to the United States of America under Section 148(f) of the Internal Revenue Code of 1986, as amended and in effect on the date of issue of the Bonds (“Code”), after taking
into account other available moneys, to prevent any series of Bonds from becoming arbitrage
obligations under Section 148 of the Code, if the interest of such series of Bonds is excludable from gross income under the Code for federal income tax purposes. (iii) The Lessee may by resolution pay Additional Rentals to enable the Lessor
to redeem or purchase Bonds prior to maturity. Rental payments due under this Section 3 shall be
reduced to the extent such payments are allocable to the Bonds redeemed or purchased by the Lessor with such Additional Rentals. The Lessee shall be considered as having an ownership interest in the Leased Premises valued at an amount equal to the amount of the Additional Rentals paid pursuant to this subsection (b)(iii).
(iv) If applicable, the Lessee shall pay as Additional Rentals any amounts owed by the Lessor under the Indenture (as defined herein) to any bond insurer (each, a “Bond Insurer”) with respect to any municipal bond insurance policy (each, a “Policy”) guaranteeing the scheduled principal of and interest on the Bonds when due, including (A) interest owed on advances made
by a Bond Insurer under its Policy at the Late Payment Rate as specified in the Indenture, and (B)
any and all charges, fees, costs and expenses that a Bond Insurer may reasonably pay or incur in connection with the administration, enforcement, defense or preservation of any rights or security in any Related Document (as may defined in the Indenture), the pursuit of any remedies under the Indenture or any other Related Document or otherwise afforded by law or equity, any amendment,
waiver or other action with respect to, or related to, the Indenture or any other Related Document
whether or not executed or completed, or any litigation or other dispute in connection with the Indenture or any other Related Document or the transactions contemplated thereby, other than costs resulting from the failure of a Bond Insurer to honor its obligations under a Policy.
(c) Source of Payment of Rentals. The Fixed Annual Rentals and the
Additional Rentals shall be payable solely from the revenues derived from the special benefits tax levied by the Lessee pursuant to Indiana Code 36-7-14-27 (the “Special Tax Revenues”). 4. Payment of Rentals. (a) The first lease rental payment shall be due on the later of
(i) the date the Real Estate is acquired by the Lessor, or (ii) a date to be determined at the time of
the sale of the Bonds, but no earlier than January 1, 2025, with the date of the first lease rental payment to be set forth in the addendum referred to in Section 3(a) above. If the first rental payment date on the Leased Premises is on a date which is other than January 1 or July 1, the first rental payment shall be for an amount calculated at the rate for that Annual Period from the date
of payment to the next January 1 or July 1 (or such other dates as may be agreed upon by the
Lessor and the Lessee prior the sale of the Bonds, based upon the advice of the financial advisor to the Lessor and the Lessee and set forth in the addendum referred to in Section 3(a) above). Thereafter, rentals on the Leased Premises shall be payable in advance in semi-annual installments on January 1 and July 1 of each year (or such other dates as may be agreed upon by the Lessor and
the Lessee prior the sale of the Bonds, based upon the advice of the financial advisor to the Lessor
and the Lessee and set forth in the addendum referred to in Section 3(a) above). The last semi-annual rent payment on the Leased Premises due shall be adjusted to provide for a rental payment at the rate specified above from the date such installment is due to the expiration of this Lease.
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Notwithstanding anything herein to the contrary, the Lessor and the Lessee may, prior the sale of the Bonds, agree upon different semi-annual dates for the payment of lease rentals due hereunder,
based upon the advice of the financial advisor to the Lessor and the Lessee, which dates shall be
set forth in an addendum hereto.
(b) All rentals payable under the terms of this Lease shall be paid by the Lessee to the bank or trust company designated as trustee (“Trustee”) under the trust indenture between the Trustee and the Lessor (“Indenture”), or to such other bank or trust company as may from time to
time succeed such bank as Trustee under the Indenture securing the Bonds to be issued by the
Lessor to finance the acquisition and construction of the Leased Premises. Any successor trustee under the Indenture shall be endorsed on this Lease at the end hereof by the parties hereto as soon as possible after selection, and such endorsement shall be recorded as an addendum to this Lease. All payments so made by the Lessee shall be considered as payment to the Lessor of the rentals
payable hereunder.
5. Abatement of Rent. If any part of the Leased Premises shall be partially or totally destroyed or condemned so as to render it unfit or unavailable, in whole or part, for use or occupancy by the Lessee, the rent shall be abated for the period during which the Leased Premises
or such part thereof is unfit or unavailable for use or occupancy, and the abatement shall be in
proportion to the percentage of the Leased Premises which is unfit or unavailable for use or occupancy; provided, however, that if additional property is added to the Leased Premises pursuant to Section 2 hereof in substitution of the destroyed Leased Premises, the rent shall not be abated to the extent supported by the value of such added property.
6. Maintenance, Alterations and Repairs. The Lessee shall be responsible for
operation, maintenance and repair of the Leased Premises; provided, however, the Lessee may enter into agreements with one or more other parties for the operation, maintenance, repair and alterations of all or any portion of the Leased Premises (the “Maintenance and Use Agreements”). Such other parties may assume all responsibility for operation, maintenance, repairs and alterations
to the Leased Premises. At the end of the term of this Lease, the Lessee shall deliver the Leased
Premises to the Lessor in as good condition as at the beginning of the term, reasonable wear and tear only excepted.
7. Insurance. During the full term of this Lease, the Lessee shall, at its own expense, carry combined bodily injury insurance, including accidental death, and property damage
insurance with reference to the Leased Premises in an amount not less than One Million Dollars
($1,000,000) on account of each occurrence with one or more good and responsible insurance companies. Such public liability insurance may be by blanket insurance policy or policies.
The proceeds of the public liability insurance required herein (after payment of expenses incurred in the collection of such proceeds) shall be applied toward extinguishment or satisfaction
of the liability with respect to which such insurance proceeds are paid. Such policies shall be for
the benefit of persons having an insurable interest in the Leased Premises, and shall be made payable to the Lessor, the Lessee, and the Trustee and to such other person or persons as the Lessor may designate. Such policies shall be countersigned by an agent of the insurer who is a resident of the State of Indiana and deposited with the Lessor and the Trustee. If, at any time, the Lessee
fails to maintain insurance in accordance with this Section, such insurance may be obtained by the
7
Lessor and the amount paid therefor shall be added to the amount of rentals payable by the Lessee under this Lease; provided, however, that the Lessor shall be under no obligation to obtain such
insurance and any action or non-action of the Lessor in this regard shall not relieve the Lessee of
any consequence of its default in failing to obtain such insurance.
The insurance policies described in this Section 7 may be acquired by another party and shall satisfy this Section as long as the Lessor, the Lessee and the Trustee are named as additional insureds under such policies. Such coverage may be provided by scheduling it under a blanket
insurance policy or policies.
8. Eminent Domain. If title to or the temporary use of the Leased Premises, or any part thereof, shall be taken under the exercise or the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, any net proceeds received from any award made in such eminent domain proceedings (after payment of expenses
incurred in such collection) shall be paid to and held by the Trustee under the Indenture.
Such proceeds shall be applied in one or more of the following ways:
(a) The restoration of the Leased Premises to substantially the same condition as it existed prior to the exercise of that power of eminent domain, or
(b) The acquisition, by construction or otherwise, of other improvements suitable for
the Lessee’s operations on the Leased Premises and which are in furtherance of the purposes of
the Act (the improvements shall be deemed a part of the Leased Premises and available for use and occupancy by the Lessee without the payment of any rent other than as herein provided, to the same extent as if such other improvements were specifically described herein and demised hereby).
Within ninety (90) days from the date of entry of a final order in any eminent domain
proceedings granting condemnation, the Lessee shall direct the Lessor and the Trustee in writing
as to which of the ways specified in this Section the Lessee elects to have the net proceeds of the condemnation award applied. Any balance of the net proceeds of the award in such eminent domain proceedings not required to be applied for the purposes specified in subsections (a) or (b) above shall be deposited in the sinking fund held by the Trustee under the Indenture and applied
to the repayment of the Bonds.
The Lessor shall cooperate fully with the Lessee in the handling and conduct of any prospective or pending condemnation proceedings with respect to the Leased Premises or any part thereof and will to the extent it may lawfully do so permit the Lessee to litigate in any such proceedings in its own name or in the name and on behalf of the Lessor. In no event will the
Lessor voluntarily settle or consent to the settlement of any prospective or pending condemnation
proceedings with respect to the Leased Premises or any part thereof without the written consent of the Lessee, which consent shall not be unreasonably withheld.
9. General Covenant. The Lessee shall not assign this Lease or mortgage, pledge or sublet the Leased Premises herein described, except as provided in Section 6, without the written
consent of the Lessor. If the Lessee contracts with one or more other parties pursuant to one or
more Maintenance and Use Agreements, the Lessee shall require such other parties to use and maintain the Leased Premises in accordance with the laws, regulations and ordinances of the
8
United States of America, the State of Indiana, the City and all other proper governmental authorities.
10. Tax Covenants. In order to preserve the exclusion of interest any series of Bonds
from gross income for federal income tax purposes (the “Tax-Exempt Bonds”) and as an inducement to purchasers of the Tax-Exempt Bonds, the Lessee and the Lessor represent, covenant and agree that:
(a) The Lessor and the Lessee will not take any action or fail to take any action with
respect to the Tax-Exempt Bonds that would result in the loss of the exclusion from gross income
for federal income tax purposes of interest on the Tax-Exempt Bonds pursuant to Section 103 of the Code and the regulations thereunder as applicable to the Tax-Exempt Bonds, including, without limitation, the taking of such action as is necessary to rebate or cause to be rebated arbitrage profits on Tax-Exempt Bond proceeds, or other monies treated as Tax-Exempt Bond proceeds, to the
federal government as provided in Section 148 of the Code.
(b) The Lessor will file an information report on Form 8038-G with the Internal Revenue Service as required by Section 149 of the Code.
(c) The proceeds from the sale of the Tax-Exempt Bonds, proceeds received from lease rentals payable according to this Lease, any other amounts received by the Lessor in respect to
property directly or indirectly financed with any proceeds of such Tax-Exempt Bonds, and
proceeds from interest earned on the investment and reinvestment of such proceeds and amounts, shall not be invested or otherwise used in a manner which would cause such Tax-Exempt Bonds to be “arbitrage bonds” within the meaning of Section 148 of the Code and the regulations thereunder as applicable to the Tax-Exempt Bonds.
The covenants in this Section are based solely on current law in effect and in existence on
the date of issuance of the Tax-Exempt Bonds. It shall not be an event of default under this Lease if interest on any Tax-Exempt Bonds is not excludable from gross income pursuant to any provision of the Code which is not in existence and in effect on the issue date of the Tax-Exempt Bonds.
Notwithstanding any other provisions hereof, the foregoing covenants and authorizations
(the “Tax Sections”) which are designed to preserve the exclusion of interest on the Tax-Exempt Bonds from gross income under federal income tax law (the “Tax Exemption”) need not be complied with if the Lessor or the Lessee receives an opinion of nationally recognized bond counsel that any Tax Section is unnecessary to preserve the Tax Exemption.
Notwithstanding any other provision hereof, the Lessor may elect to issue any series of the
Bonds, the interest on which is not excludable from gross income for federal tax purposes, so long as such election does not adversely affect the exclusion from gross income of interest for federal tax purposes on the Tax-Exempt Bonds, by making such election on the date of delivery of such series of Bonds. In such case, the tax covenants in this Lease shall not apply to such series of
Bonds.
All officers, members, employees and agents of the Lessor and the Lessee are authorized to provide certifications of facts and estimates that are material to the reasonable expectations of
9
the Lessor and the Lessee as of the date any series of Bonds are issued and to enter into covenants on behalf of the Lessor and the Lessee evidencing the Lessor’s and the Lessee’s commitments
made herein. In particular, all or any members or officers of the Lessor and the Lessee are
authorized to certify and enter into covenants regarding the facts and circumstances and reasonable expectations of the Lessor and the Lessee on the date any series of Bonds are issued and the commitments made by the Lessor and the Lessee herein regarding the amount and use of the proceeds of the Bonds.
11. Option to Renew. The Lessor hereby grants to the Lessee the right and option to
renew this Lease for a further like or lesser term upon the same or like conditions as herein contained, and applicable to the portion of the premises for which the renewal applies, and the Lessee shall exercise this option by written notice to the Lessor, and to the other parties to any Maintenance and Use Agreements at the addresses set forth in the respective Maintenance and Use
Agreements (if any), given upon any rental payment date prior to the expiration of this Lease.
12. Option to Purchase. The Lessor hereby grants to the Lessee the right and option, on any date, upon sixty (60) days’ written notice to the Lessor, to purchase the Leased Premises, or any portion thereof, at a price equal to the amount required to pay all indebtedness incurred on account of the Leased Premises, or such portion thereof (including indebtedness incurred for the
refunding of that indebtedness), including all premiums payable on the redemption thereof and
accrued and unpaid interest, and including the proportionate share of the expenses and charges of liquidation, if the Lessor is to be then liquidated. In no event, however, shall such purchase price exceed the capital actually invested in such property by the Lessor represented by outstanding securities or existing indebtedness plus the cost of transferring the property and liquidating the
Lessor. The phrase “capital actually invested” as used herein shall be construed to include, but
not by way of limitation, the following amounts expended by the Lessor in connection with the acquisition and financing of the Leased Premises: organization expenses, financing costs, carry charges, legal fees, architects’ fees and reasonable costs and expenses incidental thereto.
Upon request of the Lessee made not less than sixty (60) days prior thereto, the Lessor
agrees to furnish an itemized statement setting forth the amount required to be paid by the Lessee
on the date selected for purchase in order to purchase the Leased Premises in accordance with the preceding paragraph. Upon the exercise of the option to purchase granted herein, the Lessor will upon payment of the option price deliver, or cause to be delivered, to the Lessee documents conveying to the Lessee, or any entity (including the City and any other party to the Maintenance
and Use Agreements) designated by the Lessee, all of the Lessor’s title to the property being
purchased, as such property then exists, subject to the following: (i) those liens and encumbrances (if any) to which title to the property was subject when conveyed to the Lessor; (ii) those liens and encumbrances created by the Lessee and to the creation or suffering of which the Lessee consented, and liens for taxes or special assessments not then delinquent; and (iii) those liens and
encumbrances on its part contained in this Lease.
In the event of purchase of the Leased Premises by the Lessee or conveyance of the Leased Premises to the Lessee or the Lessee’s designee, the Lessee shall procure and pay for all surveys, title searches, abstracts, title policies and legal services that may be required, and shall furnish at the Lessee’s expense all documentary stamps or tax payments required for the transfer of title.
10
Nothing contained herein shall be construed to provide that the Lessee shall be under any obligation to purchase the Leased Premises, or under any obligation respecting the creditors,
members or security holders of the Lessor.
13. Transfer to Lessee. If the Lessee has not exercised its option to renew in accordance with the provisions of Section 11, and has not exercised its option to purchase the Leased Premises, or any portion thereof, in accordance with the provisions of Section 12, and upon the full discharge and performance by the Lessee of its obligations under this Lease, the Leased Premises, or such
portion thereof remaining, shall thereupon become the absolute property of the Lessee, subject to
the limitations, if any, on the conveyance of the site for the Leased Premises to the Lessor and, upon the Lessee’s request the Lessor shall execute proper instruments conveying to the Lessee, or to any entity (including the City and any other party to any Maintenance and Use Agreements) designated by the Lessee, all of Lessor’s title to the Leased Premises, or such portion thereof.
14. Defaults. If the Lessee shall default (a) in the payment of any rentals or other sums
payable to the Lessor hereunder, or in the payment of any other sum herein required to be paid for the Lessor; or (b) in the observance of any other covenant, agreement or condition hereof, and such default shall continue for ninety (90) days after written notice to correct such default; then, in any or either of such events, the Lessor may proceed to protect and enforce its rights by suit or suits in
equity or at law in any court of competent jurisdiction, whether for specific performance of any
covenant or agreement contained herein, or for the enforcement of any other appropriate legal or equitable remedy; or the Lessor, at its option, without further notice, may terminate the estate and interest of the Lessee hereunder, and it shall be lawful for the Lessor forthwith to resume possession of the Leased Premises and the Lessee covenants to surrender the same forthwith upon
demand. The Lessor shall simultaneously furnish to any other party to any Maintenance and Use
Agreements, at their respective addresses set forth in the Maintenance and Use Agreements, a copy of any notice of default sent to the Lessee.
The exercise by the Lessor of the above right to terminate this Lease shall not release the Lessee from the performance of any obligation hereof maturing prior to the Lessor’s actual entry
into possession. No waiver by the Lessor of any right to terminate this Lease upon any default
shall operate to waive such right upon the same or other default subsequently occurring.
15. Notices. Whenever either party shall be required to give notice to the other under this Lease, it shall be sufficient service of such notice to deposit the same in the United States mail, in an envelope duly stamped, registered and addressed to the other party or parties at the following
addresses: (a) to Lessor: City of Carmel Redevelopment Authority, Attention: CFO/Controller of
the City of Carmel, Indiana, One Civic Square, Carmel, Indiana 46032; (b) to Lessee: City of Carmel Redevelopment Commission, Attention: President, 580 Veterans Way #100, Carmel, Indiana 46032. The Lessor, the Lessee and the Trustee may by notice given hereunder, designate any further or different addresses to which subsequent notices, certificates, requests or other
communications shall be sent.
16. Successors or Assigns. All covenants of this Lease, whether by the Lessor or the Lessee, shall be binding upon the successors and assigns of the respective parties hereto.
11
17. Construction of Covenants. The Lessor was organized for the purpose of acquiring, constructing, acquiring, equipping and renovating local public improvements and leasing the same
to the Lessee under the provisions of the Act. All provisions herein contained shall be construed
in accordance with the provisions of the Act, and to the extent of inconsistencies, if any, between the covenants and agreements in this Lease and the provisions of the Act, the Act shall be deemed to be controlling and binding upon the Lessor and the Lessee; provided, however, any amendment to the Act after the date hereof shall not have the effect of amending this Lease.
[Signature Page Follows]
12
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed for and on their behalf on the date first written above.
LESSOR: LESSEE:
CITY OF CARMEL REDEVELOPMENT CITY OF CARMEL REDEVELOPMENT AUTHORITY COMMISSION
Robert B. Bush II, President William Hammer, President
ATTEST: ATTEST:
Jay Brill, Vice President William L. Brooks, Secretary
13
STATE OF INDIANA ) ) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for this City and State, personally appeared Robert B. Bush II and Jay Brill, personally known to be the President and Vice President, respectively, of the City of Carmel Redevelopment Authority (the “Authority”), and acknowledged
the execution of the foregoing Lease for and on behalf of the Authority.
WITNESS my hand and notarial seal this ___ day of __________, 2024.
(Written Signature)
(Seal) (Printed Signature) Notary Public
My Commission expires:
My county of residence is:
14
STATE OF INDIANA ) ) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for this City and State, personally appeared William Hammer and William L. Brooks, personally known to be the President and Secretary, respectively, of the City of Carmel Redevelopment Commission (the “Commission”),
and acknowledged the execution of the foregoing Lease for and on behalf of the Commission.
WITNESS my hand and notarial seal this ___ day of ____________, 2024.
(Written Signature)
(Seal) (Printed Signature) Notary Public
My Commission expires:
My county of residence is:
I affirm under the penalties of perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. /s/ Bradley J. Bingham
This instrument was prepared by Bradley J. Bingham, Barnes & Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204.
A-1
EXHIBIT A
DESCRIPTION OF THE PROJECTS
The Projects consist of the acquisition by the Authority of the Real Estate, described on Exhibit B hereto, from the City, and the use by the City of the proceeds of such sale to finance the
projects described in Exhibit A to the ordinance of the Common Council of the City approving the
terms of this Lease.
B-1
EXHIBIT B
DESCRIPTION OF REAL ESTATE
The Real Estate comprising the Leased Premises consists of all or a portion of the right-of-way of the existing streets located within the corporate boundaries of the City, including the following:
1. Main Street as currently configured east from Keystone Parkway to River Road and all improvements to be made thereto.
2. Smoky Row as currently configured east from Guilford Road to Gray Road and all improvements to be made thereto.
3. 116th Street as currently configured east from the Boone County Line to Spring
Mill Road and all improvements to be made thereto.
4. Spring Mill Road as currently configured north from 96th Street to Main Street and all improvements to be made thereto.
5. 126th Street as currently configured east from Keystone Parkway to River Road
and all improvements to be made thereto
This general description may be replaced with a formal legal description of the Real Estate when all or a portion of the Real Estate has been acquired by the Lessor.
C-1
EXHIBIT C
FORM OF ADDENDUM TO LEASE BETWEEN
CITY OF CARMEL REDEVELOPMENT AUTHORITY, LESSOR AND CITY OF CARMEL REDEVELOPMENT COMMISSION, LESSEE
THIS ADDENDUM (this “Addendum”), entered into as of this ____ day of _____________, 20__, by and between City of Carmel Redevelopment Authority, as lessor (the “Lessor”), and City of Carmel Redevelopment Commission, as lessee (the “Lessee”);
WITNESSETH:
WHEREAS, the Lessor and the Lessee have entered into a lease dated as of ____________, 20___ (the “Lease”); and
WHEREAS, it is provided in the Lease that the date by which the Lessor acquires the Real Estate and the Leased Premises are available for use shall be endorsed thereon by the parties
thereto; and
WHEREAS, it is provided in the Lease that there shall be endorsed thereon the adjusted lease rental following the issuance of the Bonds (as defined in the Lease).
NOW, THEREFORE, IT IS HEREBY AGREED, CERTIFIED AND STIPULATED by the parties to the Lease that (i) the Lessor has on this date acquired the Real Estate and the Lease
Premises are available for use, and (ii) the adjusted lease rental is set forth on Appendix I attached
hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed for and on their behalf as of the day and year first above written.
LESSOR: LESSEE:
CITY OF CARMEL REDEVELOPMENT AUTHORITY CITY OF CARMEL REDEVELOPMENT COMMISSION
President
President
ATTEST:
Secretary-Treasurer
ATTEST:
[Vice President][Secretary]
C-2
STATE OF INDIANA ) ) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for this City and State, personally appeared _________________ and ______________________, personally known to be the President and Secretary-Treasurer, respectively, of the City of Carmel Redevelopment Authority
(the “Authority”), and acknowledged the execution of the foregoing Addendum to Lease for and
on behalf of the Authority.
WITNESS my hand and notarial seal this ______ day of ______, 20__.
(Written Signature)
(Seal) (Printed Signature) Notary Public
My Commission expires:
My county of residence is:
C-3
STATE OF INDIANA ) ) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for this City and State, personally appeared ___________________ and ________________, personally known to be the President and [Vice President][Secretary], respectively, of the City of Carmel Redevelopment Commission
(the “Commission”), and acknowledged the execution of the foregoing Addendum to Lease for
and on behalf of the Commission.
WITNESS my hand and notarial seal this ______ day of ______, 20__.
(Written Signature)
(Seal) (Printed Signature) Notary Public
My Commission expires:
My county of residence is:
I affirm under the penalties of perjury, that I have taken reasonable care to redact each
Social Security Number in this document, unless required by law. /s/ Bradley J. Bingham
This instrument was prepared by Bradley J. Bingham, Barnes & Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204.
C-4
Appendix I to Addendum to Lease
Rental Schedule
Payment Date Amount
SCHEDULE TO BE COMPLETED FOLLOWING THE SALE OF THE BONDS
D-1
EXHIBIT D
FORM OF ADDENDUM TO LEASE BETWEEN
CITY OF CARMEL REDEVELOPMENT AUTHORITY, LESSOR AND CITY OF CARMEL REDEVELOPMENT COMMISSION, LESSEE
THIS ADDENDUM (this “Addendum”), entered into as of this ____ day of _____________, 20__, by and between City of Carmel Redevelopment Authority, as lessor (the “Lessor”), and City of Carmel Redevelopment Commission, as lessee (the “Lessee”);
WITNESSETH:
WHEREAS, the Lessor and the Lessee have entered into a lease dated as of ____________, 20___ (the “Lease”); and
WHEREAS, it is provided in the Lease that there shall be endorsed thereon the adjusted lease rental following the issuance of each additional series of the Bonds (as defined in the Lease).
NOW, THEREFORE, IT IS HEREBY AGREED, CERTIFIED AND STIPULATED by
the parties to the Lease that the adjusted lease rental is set forth on Appendix I attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed for and on their behalf as of the day and year first above written.
LESSOR: LESSEE:
CITY OF CARMEL REDEVELOPMENT AUTHORITY CITY OF CARMEL REDEVELOPMENT COMMISSION
President
President
ATTEST:
Secretary-Treasurer
ATTEST:
[Vice President][Secretary]
D-2
STATE OF INDIANA ) ) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for this City and State, personally appeared _________________ and ______________________, personally known to be the President and Secretary-Treasurer, respectively, of the City of Carmel Redevelopment Authority
(the “Authority”), and acknowledged the execution of the foregoing Addendum to Lease for and
on behalf of the Authority.
WITNESS my hand and notarial seal this ______ day of ______, 20__.
(Written Signature)
(Seal) (Printed Signature) Notary Public
My Commission expires:
My county of residence is:
D-3
STATE OF INDIANA ) ) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for this City and State, personally appeared ___________________ and ________________, personally known to be the President and [Vice President][Secretary], respectively, of the City of Carmel Redevelopment Commission
(the “Commission”), and acknowledged the execution of the foregoing Addendum to Lease for
and on behalf of the Commission.
WITNESS my hand and notarial seal this ______ day of ______, 20__.
(Written Signature)
(Seal) (Printed Signature) Notary Public
My Commission expires:
My county of residence is:
I affirm under the penalties of perjury, that I have taken reasonable care to redact each
Social Security Number in this document, unless required by law. /s/ Bradley J. Bingham
This instrument was prepared by Bradley J. Bingham, Barnes & Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204.
D-4
Appendix I to Addendum to Lease
Rental Schedule
Payment Date Amount
TO BE COMPLETED FOLLOWING THE SALE OF ANY ADDITIONAL BONDS
DMS 23292444.4
SECOND AMENDMENT TO LEASE AGREEMENT
between
CITY OF CARMEL REDEVELOPMENT AUTHORITY
LESSOR
and
CITY OF CARMEL REDEVELOPMENT COMMISSION
LESSEE
Dated as of _______ __, 2024
Related to the
City of Carmel Redevelopment Authority
Lease Rental Revenue Refunding Bonds, Series 2024A
Cross Reference: This instrument supplements and amends the Lease Agreement, dated as of July 1, 2006, as amended and supplemented by a First Addendum to Lease, dated as of August 1, 2006, as
further amendment and supplemented by a Second Addendum to Lease, dated as of November 1,
2009, as further amendment and supplemented by a Third Addendum to Lease, dated as of April 1, 2010, as further amendment and supplemented by a Fourth Addendum to Lease, dated as of June 1, 2012, and as further amended and supplemented by a First Amendment to Lease, dated as of May 1, 2014.
SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT, made and dated as of this __
day of __________, 2024, by and between the CITY OF CARMEL REDEVELOPMENT
AUTHORITY (the “Lessor”), a separate body corporate and politic organized and existing under Indiana Code 36-7-14.5 as an instrumentality of the City of Carmel, Indiana (the “City”), and the CITY OF CARMEL REDEVELOPMENT COMMISSION (the “Lessee”), the governing body of the City of Carmel Department of Redevelopment acting for and on behalf of the City of Carmel
Redevelopment District.
WITNESSETH:
WHEREAS, the Lessor and the Lessee entered into a Lease Agreement, dated as of July 1, 2006 (the “Original Lease”), as amended and supplemented by a First Addendum to Lease, dated as of August 1, 2006, as further amended and supplemented by a Second Addendum to Lease, dated as
of November 1, 2009, as further amended and supplemented by a Third Addendum to Lease, dated
as of April 1, 2010, as further amended and supplemented by a Fourth Addendum to Lease, dated as of June 1, 2012, and as further amended and supplemented by a First Amendment to Lease, dated as of May 1, 2014 (the Original Lease, as so amended and supplemented, collectively, the “Lease”); and
WHEREAS, the Lessor issued its County Option Income Tax Lease Rental Revenue Bonds,
Series 2006, dated August 29, 2006 (the “2006 Bonds”), in the original aggregate principal amount of Seventy-Two Million Dollars ($72,000,000), pursuant to a Trust Indenture, dated as of August 1, 2006, between the Lessor and Regions Bank, as trustee (the “Trustee”), for the purpose of procuring funds to finance the costs of certain road improvement projects in the City, pay capitalized interest
on the 2006 Bonds, and pay costs incurred on the account of the issuance and sale of the 2006
Bonds; and
WHEREAS, the Lessor issued its County Option Income Tax Lease Rental Revenue Refunding Bonds, Series 2014B, dated May 27, 2014 (the “2014B Bonds”), in the original aggregate principal amount of Forty-Six Million Seven Hundred Ninety-Five Thousand Dollars ($46,795,000),
pursuant to a Trust Indenture, dated as of August 1, 2006, as supplemented and amended by a First
Amendment to Trust Indenture, dated as of November 1, 2009, and as further supplemented and amended by a Second Supplemental Trust Indenture, dated as of May 1, 2014 (collectively, the “Indenture”), each by and between the Lessor and the Trustee, for the purpose of procuring funds to advance refund a portion of the 2006 Bonds and pay costs incurred on the account of the issuance
and sale of the 2014B Bonds; and
WHEREAS, the 2014B Bonds are currently outstanding in the aggregate principal amount of Fifteen Million Five Hundred Seventy Thousand Dollars ($15,570,000); and
WHEREAS, Indiana Code 36-7-14.5 authorizes the refunding of bonds issued by the Lessor; and
WHEREAS, the Lessor desires to effect a current refunding of the 2014B Bonds maturing on
or after July 1, 2025, (the “Refunded Bonds”) in order to (i) lower interest costs associated with the
2
2014B Bonds and provide a savings to the Lessee for the benefit of the City, and (ii) change the source of security for the lease rentals securing such indebtedness; and
WHEREAS, the Lessor has authorized and intends to issue refunding bonds designated “City
of Carmel Redevelopment Authority Lease Rental Revenue Refunding Bonds, Series 2024A” (the “2024A Bonds”), for the purpose of providing funds to effect a current refunding of all the Refunded Bonds and pay the costs of the refunding, including the costs of issuance of the 2024A Bonds; and
WHEREAS, pursuant to the Lease, the Lessee has agreed to pay to the Lessor fixed annual
rentals, which are based on the value of portion of the Leased Premises which are available for use
and in amounts sufficient to pay, when due, all principal of and interest on all outstanding Bonds, plus all administrative expenses of the Lessor, including ongoing trustee fees, relating to the Bonds; and
WHEREAS, the Lessor and Lessee now desire to amend the Lease to (a) provide for annual
lease rentals payable by the Lessee in amounts that correspond with the semi-annual amounts of
principal and interest due on the 2024A Bonds and to modify the lease rental payment dates under the Lease, and (b) provide that, upon the discharge of the 2014B Bonds from the lien of the Indenture, the lease rentals due under the Lease shall be payable by the Lessee solely from the revenues derived from the special benefits tax levied by the Lessee pursuant to Indiana Code 36-7-
14-27 (the “Special Tax Revenues”); and
NOW THEREFORE, in consideration of the premises, the covenants and agreements hereinafter contained, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Lessor and the Lessee agree as follows:
PART I
AMOUNT OF RENT PAYABLE AND RENTAL PAYMENT DATES
Notwithstanding anything in the Lease to the contrary, the annual lease rentals payable by the Lessee under the Lease shall be in amounts that correspond with the semi-annual amounts of principal and interest due on the 2024A Bonds in each twelve (12) month period ending on each January 15 (or such other date as may be agreed upon by the Lessor and the Lessee and set forth in
an addendum to the Lease) (each, an “Annual Period”), rounded up to the next multiple of $1,000
next higher than the sum of principal and interest due on the 2024A Bonds in such Annual Period, plus an additional $5,000 to cover the certain administrative costs and expenses related to the 2024A Bonds, payable in advance in semi-annual installments on January 1 and July 1 of each year, commencing no earlier than July 1, 2025. The term “Bonds”, as defined in the Original Lease, shall
hereafter mean and refer to the 2024A Bonds.
After the sale of the 2024A Bonds, the schedule of the amount and date of each fixed semi-annual rental installment payable under the Lease shall be endorsed on this Second Amendment to Lease, substantially in the form of Exhibit A attached hereto, by the parties hereto at the time of issuance of the 2024A Bonds and recorded as an addendum.
3
PART II
SOURCE OF RENTAL PAYMENTS
The second sentence of Section 3 of the Original Lease is hereby deleted in its entirety.
Notwithstanding anything in the Lease to the contrary, the fixed semi-annual rental installments, any Additional Rentals and any other amounts payable under the Lease shall be payable solely from the revenues derived from the special benefits tax levied by the Lessee pursuant to Indiana Code 36-7-14-27.
PART III
REAFFIRMATION OF LEASE
Except as otherwise provided herein, all terms, conditions and provisions of the Lease are hereby ratified and affirmed.
PART IV
EFFECTIVE DATE
The provisions of this Second Amendment to Lease Agreement are only effective upon the issuance of the 2024A Bonds and the discharge of the 2014B Bonds from the lien of the Indenture.
4
IN WITNESS WHEREOF, Lessor and Lessee have executed this Second Amendment to Lease Agreement as of the date and year first above written.
LESSOR:
CITY OF CARMEL REDEVELOPMENT AUTHORITY
By: Robert P. Bush II, President
ATTEST:
By: Jay Brill, Secretary-Treasurer
LESSEE:
CITY OF CARMEL REDEVELOPMENT COMMISSION
By: William Hammer, President
ATTEST:
By: William L. Brooks, Secretary
5
STATE OF INDIANA ) ) SS:
COUNTY OF ____________ )
Before me, the undersigned, a Notary Public in and for said County and State, personally appeared Robert P. Bush II and Jay Brill, personally known to be the President and Secretary-Treasurer, respectively, of the City of Carmel Redevelopment Authority (the “Authority”), and
acknowledged the execution of the foregoing Second Amendment to Lease Agreement for and on
behalf of the Authority.
WITNESS my hand and notarial seal this ____day of ___________, 2024.
____________________________________
(Written Signature)
(Seal) ____________________________________ (Printed Signature) Notary Public
My Commission expires: My county of residence is: ____________________ ____________________________________
6
STATE OF INDIANA ) ) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for this City and State, personally appeared William Hammer and William L. Brooks, personally known to be the President and Secretary, respectively, of the City of Carmel Redevelopment Commission (the “Commission”), and
acknowledged the execution of the foregoing Second Amendment to Lease Agreement for and on
behalf of the Commission.
WITNESS my hand and notarial seal this ____day of __________, 2024.
____________________________________
(Written Signature)
(Seal) ____________________________________ (Printed Signature) Notary Public
My Commission expires: My county of residence is: ____________________ ____________________________________
I affirm under the penalties of perjury, that I have taken reasonable care to redact each Social Security Number in this document, unless required by law. /s/ Bradley J. Bingham
This instrument was prepared by Bradley J. Bingham, Barnes & Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204.
A-1
EXHIBIT A
FORM OF ADDENDUM TO LEASE BETWEEN CITY OF CARMEL REDEVELOPMENT AUTHORITY, LESSOR AND CITY OF CARMEL REDEVELOPMENT COMMISSION, LESSEE
THIS ADDENDUM (this “Addendum”), entered into as of this ____ day of _____________, 20__, by and between City of Carmel Redevelopment Authority, as lessor (the “Lessor”), and City
of Carmel Redevelopment Commission, as lessee (the “Lessee”);
WITNESSETH:
WHEREAS, the Lessor and the Lessee have entered into a Lease Agreement, dated as of July 1, 2006 (the “Original Lease”), as amended and supplemented by a First Addendum to Lease, dated as of August 1, 2006, as further amended and supplemented by a Second Addendum to Lease, dated
as of November 1, 2009, as further amended and supplemented by a Third Addendum to Lease,
dated as of April 1, 2010, as further amended and supplemented by a Fourth Addendum to Lease, dated as of June 1, 2012, as further amended and supplemented by a First Amendment to Lease, dated as of May 1, 2014, and as further amended and supplemented by a Second Amendment to Lease, dated as of ________ __, 20__ (the “Lease”); and
WHEREAS, it is provided in the Lease that there shall be endorsed thereon the adjusted lease
rental following the sale of the 2024A Bonds (as defined in the Lease).
NOW, THEREFORE, IT IS HEREBY AGREED, CERTIFIED AND STIPULATED by the parties to the Lease the adjusted lease rental is set forth on Appendix I attached hereto.
IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed for
and on their behalf as of the day and year first above written.
LESSOR: LESSEE: CITY OF CARMEL REDEVELOPMENT AUTHORITY CITY OF CARMEL REDEVELOPMENT COMMISSION
President President
ATTEST:
Secretary-Treasurer
ATTEST:
[Vice President][Secretary]
A-2
STATE OF INDIANA ) ) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for this City and State, personally appeared _________________ and ______________________, personally known to be the President and Secretary-Treasurer, respectively, of the City of Carmel Redevelopment Authority (the
“Authority”), and acknowledged the execution of the foregoing Addendum to Lease for and on
behalf of the Authority.
WITNESS my hand and notarial seal this ______ day of ______, 20__.
(Written Signature)
(Seal) (Printed Signature) Notary Public
My Commission expires:
My county of residence is:
A-3
STATE OF INDIANA ) ) SS:
COUNTY OF HAMILTON )
Before me, the undersigned, a Notary Public in and for this City and State, personally appeared ___________________ and ________________, personally known to be the President and [Vice President][Secretary], respectively, of the City of Carmel Redevelopment Commission (the
“Commission”), and acknowledged the execution of the foregoing Addendum to Lease for and on
behalf of the Commission.
WITNESS my hand and notarial seal this ______ day of ______, 20__.
(Written Signature)
(Seal) (Printed Signature) Notary Public
My Commission expires:
My county of residence is:
I affirm under the penalties of perjury, that I have taken reasonable care to redact each Social
Security Number in this document, unless required by law. /s/ Bradley J. Bingham
This instrument was prepared by Bradley J. Bingham, Barnes & Thornburg LLP, 11 South Meridian Street, Indianapolis, Indiana 46204.
A-4
Appendix I to Addendum to Lease
Rental Schedule
Payment Date Amount
SCHEDULE TO BE COMPLETED FOLLOWING THE SALE OF THE BONDS
DMS 44445308.1
Sponsors: Councilors; Worrell
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 3, 2024 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE D-2731-24 1 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 AUTHORIZING AND APPROVING AN ADDITIONAL APPROPRIATION OF FUNDS 4 FROM THE GENERAL FUND #101 TO THE 2024 CARMEL FIRE DEPARMENT BUDGET 5 6 Synopsis: This ordinance appropriates funds into the Carmel Fire Department’s 2024 7
budget that were received from grant money for the Department’s participation in the 8 WorkOne Central Indiana Recruit Academy. 9
10
WHEREAS, CFD receives grant funds to participate in the WorkOne Central Indiana Recruit 11
Academy; and 12 13 WHEREAS, CFD has received Fifty Thousand Dollars ($50,000.00) in grant funds for the 14 Program thus far this year; and 15
16 WHEREAS, the Council must appropriate the grant funds from the Programs into the 17
2024 Carmel Fire Department Budget in order for CFD to spend the funds for their intended purpose; 18
and 19
20 WHEREAS, the General Fund (#101) has excess funds in the amount of Fifty Thousand 21 Dollars ($50,000.00) in the operating balance to appropriate into the 2024 Carmel Fire Department 22
Budget. 23
24 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 25 Indiana, that the following additional sum of money is hereby appropriated out of the General Fund 26 Operating Balance and for the purposes specified, subject to applicable laws, as follows: 27 28
FROM 29 30 $50,000.00 from the GENERAL FUND OPERATING Balances 31 32 To 33
34 Carmel Fire Department (#1120): 100-00 Full Time - $44,080.00 35 Carmel Fire Department (#1120): 570-03 Instructional Fees Internal - $4,347.30 36 Carmel Fire Department (#1120): 570-01 Training Fees (Internal) - $1,572.70 37 38
This Ordinance shall be in full force and effect from and after the date of its passage, execution 39
by the Mayor. 40 41 42 43
44
Ordinance D-2731-24 45 Page One of Two 46
Sponsors: Councilors; Worrell
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 3, 2024 at 3:00 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this day of 47 ______ , 2024, by a vote of _____ ayes and _____ nays. 48
49 COMMON COUNCIL FOR THE CITY OF CARMEL 50 51 52 Anthony Green, President Adam Aasen, Vice-President 53
54
55 Rich Taylor Matthew Snyder 56 57 ______________________________ 58
Jeff Worrell Teresa Ayers 59
60 61 Shannon Minnaar Ryan Locke 62 63
______________________________ 64
Anita Joshi 65 66 ATTEST: 67 68
______________________________ 69
Jacob Quinn, Clerk 70 71 Presented by me to the Mayor of the City of Carmel, Indiana this day of 72 _________________________ 2024, at _______ __.M. 73
74
75 Jacob Quinn, Clerk 76 77 Approved by me, Mayor of the City of Carmel, Indiana, this day of 78
________________________ 2024, at _______ __.M. 79
80 81 82 Sue Finkam, Mayor 83
84
ATTEST: 85 86 87 88
Jacob Quinn, Clerk 89
90 Ordinance D-2731-24 91 Page Two of Two Pages 92
SPONSOR: Councilor Worrell
This Resolution was prepared by Samantha Karn, Corporation Counsel, on September 3, 2024 at 2:50 p.m.. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise.
RESOLUTION NO. CC 10-07-24-01 1 2
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING A 3
TRANSFER OF FUNDS BETWEEN THE GRANT FUND (#900) AND THE GENERAL FUND (#101) 4
5 Synopsis: Transfers $50,000.00 from the Grant Fund (#900) into the General Fund (101) in order to 6 appropriate grant funds received from WorkOne Central Indiana. 7 8 WHEREAS, the Carmel Fire Department has received grant funds from WorkOne Central Indiana in 9 the amount of Fifty Thousand Dollars ($50,000.00) which were deposited into the Grant Fund (#900); and, 10 11
WHEREAS, it is necessary to transfer the sum of Fifty Thousand Dollars ($50,000.00) from the Grant Fund 12
(#900) into the General Fund (#101) in order to appropriate and spend the grant funds. 13 14 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, 15 that the Controller is authorized to transfer funds from the Grant Fund into the General Fund as follows: 16 17
$50,000.00 from GRANT FUND (FUND #900) 18
19
To 20
21
GENERAL FUND (#101): $50,000.00 22
23
24
25
26
27
28
29
30
31
32
33
34
Resolution CC 10-07-24-01 35 Page One of Two Pages 36
37
38
SPONSOR: Councilor Worrell
This Resolution was prepared by Samantha Karn, Corporation Counsel, on September 3, 2024 at 2:50 p.m.. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise.
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this day of ______ 39
, 2024, by a vote of _____ ayes and _____ nays. 40
41
COMMON COUNCIL FOR THE CITY OF CARMEL 42
43
44
Anthony Green, President Adam Aasen, Vice-President 45
46
47
Jeff Worrell Matt Snyder 48
49
______________________________ 50
Rich Taylor Teresa Ayers 51
52
53
Anita Joshi Ryan Locke 54
55
______________________________ 56
Shannon Minnaar 57
58
ATTEST: 59
60
______________________________ 61
Jacob Quinn, Clerk 62
63
Presented by me to the Mayor of the City of Carmel, Indiana this day of ___ 64
, 2024, at .M. 65
66
67
Jacob Quinn, Clerk 68
69
Approved by me, Mayor of the City of Carmel, Indiana, this day of , 2024, at 70
.M. 71
72
73
74
Sue Finkam, Mayor 75
76
ATTEST: 77
78
79
80
Jacob Quinn, Clerk 81
82 83 Resolution CC 10-07-24-01 84 Page Two of Two Pages 85
SPONSOR(S): Councilor Worrell
This Resolution was prepared by Samantha Karn, Interim Corporation Counsel, on September 12, 2024, at 8:15 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise.
RESOLUTION CC 10-07-24-02 1 2
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, APPROVING A TRANSFER OF FUNDS IN THE 2024 INFORMATION AND 4 COMMUNICATION SYSTEMS DEPARTMENT BUDGET 5 6 Synopsis: Transfers $65,000.00 to cover expenses incurred in the Other Contracted 7
Services line item within the 2024 Information and Communication Systems Department 8 budget. 9 10 WHEREAS, the sum of Sixty Five Thousand Dollars ($65,000.00) is needed to cover 11 expenses incurred in the Other Contracted Services line item of the 2024 Information and 12
Communication Systems Department; and 13
14 WHEREAS, the 2024 Information and Communication Systems Department budget has 15 excess funds in the amount of Sixty Five Thousand Dollars ($65,000.00) in the following line 16 item: 17
18
Information and Communication Systems Department (#1115) Line Item 41-100.00 – 19 Full Time $65,000.00 20 21 NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of 22
Carmel, Indiana, that the Controller is authorized to transfer funds within the 2024 Information 23
and Communication Systems Department budget as follows: 24 25 Information and Communication Systems Department (#1115) Line Item 41-100.00 – 26 Full Time $65,000.00 27
28 INTO 29 30 Information and Communication Systems Department (#1115) Line Item 43-509.00 – Other 31 Contracted Services $65,000.00 32
33
34 35 36 37
38
39 40 41 42
43
44 Resolution CC 10-07-24-02 45 Page One of Two 46
SPONSOR(S): Councilor Worrell
This Resolution was prepared by Samantha Karn, Interim Corporation Counsel, on September 12, 2024, at 8:15 a.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency or otherwise.
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this 47 day of _ , 2024, by a vote of _____ ayes and _____ nays. 48
49 COMMON COUNCIL FOR THE CITY OF CARMEL 50 51 52 Anthony Green, President Adam Aasen, Vice-President 53
54
55 Rich Taylor Matthew Snyder 56 57 ______ 58
Jeff Worrell Teresa Ayers 59
60 61 Shannon Minnaar Ryan Locke 62 63
______________________________ 64
Anita Joshi 65 66 ATTEST: 67 68
______________________________ 69
Jacob Quinn, Clerk 70 71 Presented by me to the Mayor of the City of Carmel, Indiana this day of ______ 72 2024, at _.M. 73
74
75 Jacob Quinn, Clerk 76 77 Approved by me, Mayor of the City of Carmel, Indiana, this day of 78
2024, at _.M. 79
80 81 82 Sue Finkam, Mayor 83
84
ATTEST: 85 86 87 88
Jacob Quinn, Clerk 89
90 Resolution CC 10-07-24-02 91 Page Two of Two 92
SPONSORS: Green and Aasen
This Resolution was prepared by Samantha S. Karn, Corporation Counsel, on September 23, 2024, at 2:01 p.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency.
RESOLUTION CC 10-07-24-03 1 2
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, TRANSFERRING FUNDS FROM THE GENERAL FUND #101 TO THE 4 RAINY DAY FUND 5 6 Synopsis: Transfers $1,740,590 from the General Fund to the Rainy Day Fund, pursuant 7
to Carmel City Code Section 2-110(d), which requires that the Rainy Day Fund balance on 8 January 1, 2024, must equal or exceed ten percent (10%) of the 2024 General Fund budget 9 adopted by the Council in 2023. 10 11 WHEREAS, pursuant to Indiana Code, the Common Council of the City of Carmel, 12
Indiana, is the fiscal body of the City of Carmel, Indiana; 13
14 WHEREAS, Carmel City Code Section 2-110(d) requires that the Rainy Day Fund 15 balance on January 1, 2024, must equal or exceed ten percent (10%) of the 2024 General Fund 16 budget adopted by the Council in 2023; 17
18 WHEREAS, the Rainy Day Fund balance as of January 1, 2024 is $12,863,060; and 19 20 WHEREAS, the 2024 General Fund budget equals $146,036,504. 21 22
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of 23 Carmel, Indiana, as follows: 24 25 Section 1: That the foregoing Recitals are incorporated herein by this reference. 26 27
Section 2: That the Controller is hereby authorized and directed to transfer the following 28 sums of money from the General Fund operating balance, subject to applicable laws: 29 30 FROM 31 32
$1,740,590 from General Fund (Fund #101) unappropriated, unencumbered operating 33 balance 34 35 TO 36 37
Rainy Day Fund (Fund #912) operating balance. 38
39 40 This Resolution shall become effective upon its passage and execution by the Common 41 Council and the Mayor as required by law. 42
43
44 Resolution CC 10-07-24-03 45
Page One of Two Pages 46
SPONSORS: Green and Aasen
This Resolution was prepared by Samantha S. Karn, Corporation Counsel, on September 23, 2024, at 2:01 p.m. No subsequent revision to this Resolution has been reviewed by Ms. Karn for legal sufficiency.
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this 47 day of _ , 2024, by a vote of _____ ayes and _____ nays. 48
49 COMMON COUNCIL FOR THE CITY OF CARMEL 50 51 52 Anthony Green, President Adam Aasen, Vice-President 53
54
55 Rich Taylor Matthew Snyder 56 57 ______ 58
Jeff Worrell Teresa Ayers 59
60 61 Shannon Minnaar Ryan Locke 62 63
______________________________ 64 Anita Joshi 65 66 ATTEST: 67 68
______________________________ 69 Jacob Quinn, Clerk 70 71 Presented by me to the Mayor of the City of Carmel, Indiana this day of ______ 72 2024, at _.M. 73
74 75 Jacob Quinn, Clerk 76 77 Approved by me, Mayor of the City of Carmel, Indiana, this day of 78
2024, at _.M. 79
80 81 82 Sue Finkam, Mayor 83
84
ATTEST: 85 86 87 88
Jacob Quinn, Clerk 89 90 Resolution CC 10-07-24-03 91 Page Two of Two Pages 92
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
RESOLUTION NO. CC 10-07-24-04 1 2
A PRELIMINARY RESOLUTION DESIGNATING AN ECONOMIC REVITALIZATION 3 AREA AND QUALIFYING CERTAIN PERSONAL PROPERTY FOR TAX ABATEMENT - 4 THE ALLIANCE FOR COOPERATIVE ENERGY SERVICES POWER MARKETING, LLC 5 6
Synopsis: A preliminary resolution that designates the real property located at 4140 W 7 99th Street, Carmel, Indiana as an economic revitalization area and grants a partial 8 abatement of property taxes attributable to certain eligible equipment installed therein 9 10 WHEREAS, Ind. Code § 6-1.1-12.1 (the “Act”) allows a partial abatement of property 11
taxes attributable to the installation of certain equipment in “economic revitalization areas”; and, 12
WHEREAS, the Act provides that an economic revitalization area must be a geographic 13
area which is within the corporate limits of a city and which has become undesirable for, or 14
impossible of, normal development and occupancy because of lack of development, cessation of 15
growth, deterioration of improvements or character of occupancy, age, obsolescence, substandard 16
building or other factors which have impaired values or prevent a normal development of property 17
or use of property; and, 18
WHEREAS, the Act authorizes the Common Council of the City of Carmel, Indiana (the 19
“Council”) to designate economic revitalization areas by following a procedure involving adoption 20
of a preliminary resolution, publication of a notice of a public hearing, conducting a public hearing 21
and adoption of a final resolution confirming the preliminary resolution and the tax abatement; 22
and, 23
WHEREAS, the Council believes that it is in the best interest of the citizens of the City of 24
Carmel (the “City”) to create an economic revitalization area designation in a manner whereby 25
citizens of the City will benefit from the creation of permanent jobs, expansion of the property tax 26
base, and protection of private investment; and, 27
28
Resolution CC 10-07-24-04 29
Page One of Seven Pages 30 31
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
WHEREAS, the Alliance for Cooperative Energy Services Power Marketing LLC d/b/a 32
ACES Power, (the “Company”), has requested the personal property abatement as described herein 33
and filed a Statement of Benefits Form (SB-1) with the City of Carmel which is attached hereto 34
and fully incorporated herein; 35
WHEREAS, the Company is requesting that the real estate located at 4140 W 99th Street, 36
Carmel, Indiana (the “Project Site”) be designated as an Economic Revitalization Area for the 37
purpose of achieving property tax savings in connection with the acquisition and installation of 38
certain depreciable personal property (the “Project”) at the Project Site; and, 39
WHEREAS, the Project Site is shown and described on Exhibit A, which is attached 40
hereto and incorporated herein by this reference, and is presently part of Hamilton County Tax 41
Parcel 17-13-07-00-10-005.000 and State Parcel Number 29-13-07-010-005.000-018; and, 42
WHEREAS, the Company has operations in Arizonia, Minneapolis and North Carolina 43
and all were considered for this expansion project, with Carmel being the preferred location 44
pending finalization of project incentives; and, 45
WHEREAS, the Company committed to invest Six Million Five Hundred Thousand 46
Dollars ($6,500,000) in tangible personal property at the Project Site, of which Four Million 47
Dollars ($4,000,000) will qualify for personal property tax abatement as new IT equipment (new 48
IT equipment is hereinafter referred to as “Eligible Personal Property”); and, 49
WHEREAS, the Company anticipates retention of two hundred fourteen (214) existing 50
full-time employees compensated at an average annual wage of One Hundred Thirty Thousand 51
($130,000) per year (excluding overtime and benefits) at the Project Site as a result of the Project. 52
The Company also anticipates adding approximately forty-five (45) new full-time employees 53
compensated at an average annual wage of One Hundred Eighteen Thousand Dollars ($118,000) 54
Resolution CC 10-07-24-04 55
Page Two of Seven Pages 56
57
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
per year (excluding overtime and benefits) as a result of the Project. All investments will be 58
complete and new full-time employees hired before December 31, 2028. 59
BASED UPON THE ABOVE, IT IS THEREFORE RESOLVED, by the Common Council 60
of the City of Carmel as follows: 61
1. The request for an economic revitalization area designation relative to the Project 62
was properly made by the Company, and the Statement of Benefits Form (SB-1) is hereby 63
approved by the Council. 64
2. The Project Site is located in an area of the City where municipal services are 65
provided and no additional infrastructure will be necessitated by the Project. 66
3. Project Site is zoned for and is generally suitable for the proposed expanded use of 67
commercial office and is consistent with the site’s existing development pattern; however, given 68
the age of the facility at the Project Site and the complexity of the technology systems being 69
installed at the site, and security systems and structures required, investment in the Eligible 70
Personal Property will require significant additional investment in real property improvements to 71
accommodate the Project making it undesirable for normal development 72
4. Evidence has been submitted and considered which indicates that the Project will further 73
and promote municipal development objectives by expansion of the property tax base through the 74
purchase and installation of the Eligible Personal Property including, but not limited to, servers 75
and related hardware, computer storage hardware, laptops, computer network switches and other 76
network equipment, date center equipment (batteries and cooling units), large format monitors and 77
phone system hardware. 78
79
80
Resolution CC 10-07-24-04 81
Page Three of Seven Pages 82
83
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
5. The Council hereby designates the Project Site as an Economic Revitalization Area 84
for purposes of establishing a deduction to the assessed value of Eligible Personal Property 85
acquired and installed within the building located upon the Project Site, subject to the adoption of 86
a confirmatory resolution by the Council. 87
6. The Council further designates that the economic revitalization area designation 88
declared by this Resolution shall expire on December 31, 2028. 89
7. The deduction provided by this Resolution shall be for the assessed value of all 90
Eligible Personal Property installed at the Project Site on or after November 1, 2024, and for a 91
period of five (5) years from the date of the first full assessment of the Eligible Personal Property 92
located at the Project Site. The Company agrees to not file any appeal of annual tax assessments 93
over the course of the five (5) year period. The Council hereby finds, declares and determines that 94
deductions from the assessed value of the Eligible Personal Property approved by this Resolution 95
shall be allowed pursuant to the following five (5) year deduction schedule, which the Common 96
Council hereby establishes, prescribes and adopts: 97
YEAR OF DEDUCTION PERCENTAGE OF DEDUCTION 98
1st 75% 99 2nd 75% 100
3rd 75% 101 4th 75% 102 5th 75% 103 6th 0% 104
105
8. In support of the deductions contained in this Resolution, the Council makes the 106
following FINDINGS: 107
a. The estimated cost of the Eligible Personal Property investment presented by 108
the Company is reasonable for equipment of that type. 109
110
Resolution CC 10-07-24-04 111
Page Four of Seven Pages 112
113
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
b. The estimate of the number of individuals who will be employed or whose 114
employment will be retained by the Company can be reasonably expected to 115
result from the installation of the Eligible Personal Property. 116
c. The annual salaries for the individuals who will be employed or whose 117
employment will be retained by the Company can reasonably be expected to 118
result from the installation of the Eligible Personal Property. 119
d. Based on the total projected investment by the Company, increased assessed 120
valuation, and the expansion of the employment base within the City of Carmel, 121
the benefits to the City are sufficient to justify the granting of the deduction 122
described in Section 7 above. 123
9. The terms of this Resolution are subject to the adoption of a Final Resolution 124
confirming the terms and conditions herein after a public hearing to be held on November 18, 125
2024, at 6:00 p.m., in the Council Chamber Room located at One Civic Square, Carmel, Indiana 126
46032. 127
10. The deductions provided by this Resolution are subject to the Company’s 128
compliance with the terms of the Agreement entered into between the City and the Company, and 129
the requirements contained in Ind. Code § 6-1.1-12.1, and may only be modified or terminated 130
according to the procedures contained in Ind. Code § 6-1.1-12.1-5.9. 131
11. A copy of this Resolution shall be filed with the Hamilton County Assessor as 132
required by Ind. Code § 6-1.1-12.1-2.5. Further, a copy of this Resolution and the Statement of 133
Benefits Form shall be filed with the officers of each taxing unit that has authority to levy property 134
taxes in the geographic area which is hereby allowed deductions at least ten (10) days prior to the 135
public hearing on this Resolution. 136
Resolution CC 10-07-24-04 137
Page Five of Seven Pages 138
139
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
12. Further, the Company shall cause a notice to be published in the paper of record in 140
accordance with Ind. Code § 5-3-1, which shall advise that at the Carmel City Council's meeting 141
on November 18 at 6:00 p.m., the Council will receive and hear all remonstrance and objections 142
from interested persons, and, having heard and considered same, will act to rescind, modify and 143
confirm, or confirm this Resolution. The notice must be published no later than ten (10) days 144
before the aforementioned Council meeting and shall state that a description of the affected area 145
is available and can be inspected in the Hamilton County Assessor's Office. 146
147
148
149
150
151
152
Signature page to follow 153
154
155 156
157 158 159 160
161
162 163 164 165 166
167 168 169 170
Resolution CC 10-07-24-04 171
Page Six of Seven Pages 172 173
Sponsors: Joshi and Worrell
This Resolution was prepared by Sergey Grechukhin, Carmel Transactions Chief, on September 26, 2024. No subsequent revision to this Resolution has been reviewed by Mr. Grechukhin for legal sufficiency or otherwise.
SO RESOLVED, by the Common Council of the City of Carmel, Indiana, this ____ day 174 of ________, 2024, by a vote of _____ ayes and _____ nays. 175
176 COMMON COUNCIL FOR THE CITY OF CARMEL 177 178 ___________________________________ 179
Anthony Green, President Adam Aasen, Vice-President 180
181
182 ___________________________________ ____________________________________ 183
Jeff Worrell Teresa Ayers 184 185
186 ___________________________________ ____________________________________ 187 Shannon Minnaar Anita Joshi 188 189
190 ___________________________________ ____________________________________ 191
Ryan Locke Matt Snyder 192 193
194 ___________________________________ 195 Rich Taylor 196 197 ATTEST: 198
199 _________________________________ 200 Jacob Quinn, Clerk 201 202
Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 203
_________________________ 2024, at _______ __.M. 204 205 ____________________________________ 206 Jacob Quinn, Clerk 207 208
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 209 ________________________ 2024, at _______ __.M. 210 211 ____________________________________ 212
Sue Finkam, Mayor 213
ATTEST: 214
215 ___________________________________ 216 Jacob Quinn, Clerk 217 218
219 220 Resolution CC 10-07-24-04 221 Page Seven of Seven Pages 222
Sponsor(s): Councilor(s) Snyder, Minnaar and Ayers
ORDINANCE D-2734-24 1
2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY 3 OF CARMEL, INDIANA, FIXING SALARIES OF APPOINTED OFFICERS 4 AND EMPLOYEES OF THE CARMEL CITY COURT FOR THE YEAR 2025 5
6 Synopsis: Establishes 2025 maximum salaries for employees of the Carmel City Court. 7
8
BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT: 9
10 As required by the Indiana Code, it is requested that the maximum salaries and pay schedule of appointed 11 officers and employees of the Carmel City Court, Carmel, Indiana be established beginning December 21, 12
2024, and continuing thereafter until December 20, 2025, and request that such salary rates be approved by the 13
Common Council. 14
15 CLASSIFICATION MAXIMUM BI-WEEKLY SALARY 16
17
COURT CLERK ADMINISTRATOR/JUDGE’S EXECUTIVE ASSISTANT $3,400.00 18 COURT STAFF /COURT REPORTER $3,300.00 19 PART-TIME BAILIFF UP TO $70.00 PER HOUR 20 PART-TIME COURT STAFF UP TO $40.00 PER HOUR 21 LEGAL INTERNS UP TO $21.00 PER HOUR 22
23 Section 1. Full-time employees of the city Court shall receive $250.00 per year longevity pay for the first 24 ten years of service and $310.00 per year for years eleven through twenty-five, in addition to all other forms of 25 compensation. Terms and conditions of longevity pay shall conform to the City’s most current regulations as 26 adopted by the Carmel City Council. 27
28 Section 2. Each Court employee who is required to work on a declared holiday, whether on a scheduled 29 basis or unscheduled basis, shall receive fifteen dollars ($15.00) per hour premium pay for each hour worked 30 on the holiday. Such premiums shall be calculated to the nearest quarter of an hour. 31
32
Section 3. A full-time civilian employee who demonstrates a specified level of fluency in an approved foreign 33 language shall receive an additional two thousand dollars ($2,000.00) per year, in addition to all other forms of 34 compensation. All such pay must be approved by the Judge of Carmel City Court. To continue receiving this 35 compensation, the employee is required to maintain fluency and may be periodically re-tested. 36
37
Section 4. Employees who meet established criteria, as set by the Judge of Carmel City Court, pertaining to 38
education and job function shall receive technical pay amounting to ten percent (10%) of their base pay, in 39 addition to all other forms of compensation. 40
41
42
43
44
45
46
47
48
49
50
Sponsor(s): Councilor(s) Snyder, Minnaar and Ayers 51 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2024, by a vote 52
of _____ ayes and _____ nays. 53
54 COMMON COUNCIL FOR THE CITY OF CARMEL 55 56 ___________________________________ 57
Ryan Locke Teresa Ayres 58
59 ___________________________________ __________________________________ 60 Jeff Worrell Shannon Minnaar 61 62
___________________________________ ___________________________________ 63
Matt Snyder Anita Joshi 64 65 ___________________________________ ____________________________________ 66 Anthony Green Rich Taylor 67
68 ___________________________________ 69 Adam Aasen 70 71 ATTEST: 72
73 __________________________________ 74 Jacob W. Quinn, City Clerk 75 76 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 77
78 _________________________ 2024, at _______ __. M. 79 80 ____________________________________ 81 Jacob W. Quinn, City Clerk 82
83 Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 84 85 ________________________ 2024, at _______ __. M. 86 87
88
____________________________________ 89 Sue Finkam, Mayor 90 91 ATTEST: 92
___________________________________ 93
Jacob W. Quinn, Clerk 94 95 Ordinance D-2734-24 96 Page 1 of 2 Pages 97
98
This document was prepared by Judge Brian G. Poindexter 99
Sponsors: Councilors Aasen, Ayers
and Taylor
1
ORDINANCE D-2733-24 1 2
3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 4 INDIANA, FIXING SALARIES OF APPOINTED DEPUTIES AND 5 EMPLOYEES OF THE CARMEL CITY CLERK FOR THE YEAR 2025 6 7
Synopsis: Establishes 2025 maximum salaries for employees of the Carmel City Clerk. 8 9 BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, 10 INDIANA, THAT: 11 12
As referenced by Indiana Code 36-4-7-3 and 36-4-11-4, the Carmel Common 13
Council is requested to approve the maximum salaries and pay schedule for appointed 14 deputies and employees of the Carmel City Clerk, beginning December 21, 2024, and 15 continuing through December 20, 2025, as follows: 16 17
Section 1. 18
19 CLASSIFICATION MAXIMUM BI-WEEKLY BASE SALARY 20 21
DEPUTY CLERK I 3,264.11 22 DEPUTY CLERK II 2,940.64 23 PART TIME DEPUTY CLERK UP TO $40.00 PER HOUR 24 25 Section 2. Full-time employees of the City Clerk’s Office shall receive $250.00 26
per year longevity pay for the first ten years of service and $310.00 per year for years 27 eleven through twenty-five, in addition to all other forms of compensation. Terms and 28 conditions of longevity pay shall conform to the City’s most current regulations as 29 adopted by the Carmel City Council. 30 31 Section 3. Each Clerk employee who is required to work on a declared holiday, 32 whether on a scheduled basis or unscheduled basis, shall receive fifteen dollars ($15.00) 33 per hour premium pay for each hour worked on the holiday. Such premiums shall be 34 calculated to the nearest quarter of an hour. 35
36 Section 4. A full-time civilian employee who demonstrates a specified level of 37 fluency in an approved foreign language shall receive an additional two thousand dollars 38 ($2,000.00) per year, in addition to all other forms of compensation. All such pay must 39 be approved by the Carmel City Clerk. To continue receiving this compensation, the 40
employee is required to maintain fluency and may be periodically re-tested. 41
42 43 44 45
46 47
Sponsors: Councilors Aasen, Ayers
and Taylor
2
PASSED by the Common Council of the City of Carmel, Indiana this _____ day 48 of _________________ 2024, by a vote of _________ ayes and ________ nays. 49
50 COMMON COUNCIL FOR THE CITY OF CARMEL 51 52 __________________________________ 53 Anthony Green, President Jeff Worrell 54
55
__________________________________ 56 Adam Aasen, Vice-President Ryan Locke 57 58 __________________________________ 59
Rich Taylor Teresa Ayers 60
61 __________________________________ ______________________________ 62 Shannon Minnaar Matthew Snyder 63 64
__________________________________ 65
Anita Joshi 66 67 68 ATTEST: 69
70
_________________________________ 71 Jacob W. Quinn, City Clerk 72 73 Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of 74
_________________________ 2024, at _______ __.M. 75
76 ____________________________________ 77 Jacob W. Quinn, City Clerk 78 79
80
Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of 81 ________________________ 2024, at _______ __.M. 82 83 ____________________________________ 84
Sue Finkam, Mayor 85
ATTEST: 86 87 ___________________________________ 88 Jacob W. Quinn, City Clerk 89
90
Ordinance prepared by Jacob W. Quinn 91
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
1 ORDINANCE D-2735-24 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 3 INDIANA, FIXING SALARIES OF APPOINTED OFFICERS AND EMPLOYEES 4 OF THE CITY OF CARMEL, INDIANA, FOR THE YEAR 2025 5 6 Synopsis: Establishes the 2025 maximum salaries for employees of the Executive Branch. 7 8 BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT: 9 10 I, Sue Finkam, Mayor of the City of Carmel, Indiana, as required by Indiana Code 36-4-7-3 and 11 Indiana Code 36-8-3-3, do hereby fix the maximum salaries and pay schedule of appointed officers and 12 employees of the City of Carmel, Indiana beginning December 21, 2024, and continuing thereafter until 13
December 20, 2025, and request that such salary rates be approved by the Common Council as follows: 14 15 MAXIMUM BI-WEEKLY BASE SALARY $8,715.38 16
CHIEF INFRASTRUCTURE OFFICER 17 18 MAXIMUM BI-WEEKLY BASE SALARY $8,461.54 19
CHIEF FINANCIAL OFFICER/CONTROLLER 20 CHIEF OF STAFF 21 CORPORATION COUNSEL 22 EXECUTIVE DIRECTOR OF ECONOMIC DEVELOPMENT 23 FIRE CHIEF 24 POLICE CHIEF 25 26 MAXIMUM BI-WEEKLY BASE SALARY $7,115.38 27 CITY ENGINEER/DIRECTOR OF ENGINEERING 28 DIRECTOR OF HUMAN RESOURCES 29 DIRECTOR OF MARKETING AND COMMUNITY RELATIONS 30
DIRECTOR OF REDEVELOPMENT 31 DIRECTOR OF TECHNOLOGY 32 DIRECTOR OF UTILITIES 33 GENERAL MANAGER/SUPERINTENDENT 34 STREET COMMISSINER/DIRECTOR 35 36 MAXIMUM BI-WEEKLY BASE SALARY $6,289.77 37 DEPUTY CHIEF FINANCIAL OFFICER/CONTROLLER 38 GENERAL MANAGER/GOLF SUPERINTENDENT 39 40 MAXIMUM BI-WEEKLY BASE SALARY $5,699.85 41
FIRE DEPUTY CHIEF 42 POLICE DEPUTY CHIEF 43 44 MAXIMUM BI-WEEKLY BASE SALARY $5,411.38 45 FIRE BATTALION CHIEF 46 FIRE DIVISION CHIEF 47
POLICE MAJOR 48 49 50
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
MAXIMUM BI-WEEKLY BASE SALARY $5,238.74 51 ASSISTANT DIRECTOR OF UTILITIES 52
ASSISTANT DIRECTOR FOR BUDGET MANAGEMENT 53 54 MAXIMUM BI-WEEKLY BASE SALARY $5,019.35 55 CITY ATTORNEY 56 57 MAXIMUM BI-WEEKLY BASE SALARY $ 4,834.46 58 POLICE LIEUTENANT 59 FIRE CAPTAIN 60 61 MAXIMUM BI-WEEKLY BASE SALARY $4,799.96 62 ASSISTANT CITY ENGINEER 63
ASSISTANT DIRECTOR OF REDEVELOPMENT 64 LITIGATION CHIEF 65 TRANSACTIONS CHIEF 66
67 MAXIMUM BI-WEEKLY BASE SALARY $4,580.53 68 ACCOUNTING AND FINANCE MANAGER 69
MANAGER OF CUSTOMER SERVICE AND BILLING 70 WATER/SEWER OPERATIONS MANAGER 71 72 MAXIMUM BI-WEEKLY BASE SALARY $4,449.84 73 FIRE LIEUTENANT 74 POLICE SERGEANT 75 76 MAXIMUM BI-WEEKLY BASE SALARY $4,360.98 77 ASSISTANT CORPORATION COUNSEL 78 BUILDING COMMISSIONER 79 80 MAXIMUM BI-WEEKLY BASE SALARY $4,161.38 81 FIRE ENGINEER 82 83 MAXIMUM BI-WEEKLY BASE SALARY $4,141.67 84 DISTRIBUTION/COLLECTION SYSTEM MANAGER 85 EXECUTIVE SUPERVISORY ASSISTANT 86
OPERATIONS MANAGER 87 REDEVELOPMENT FINANCE MANAGER 88 WATER/SEWER PLANT MANAGER 89 90 MAXIMUM BI-WEEKLY BASE SALARY $4,065.96 91
FIREFIGHTER 92 PATROL OFFICER 93 94 MAXIMUM BI-WEEKLY BASE SALARY $3,922.28 95 ACCREDITATION BUDGET ADMINISTRATOR 96 CONSTRUCTION MANAGER 97
GIS COORDINATOR 98 SENIOR PROJECT MANAGER 99 STAFF ENGINEER I 100
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
SYSTEMS SUPERVISOR 101 102 MAXIMUM BI-WEEKLY BASE SALARY $3,700.75 103 ACCOUNTING SUPERVISOR 104 AMS COORDINATOR 105 ASSISTANT BUILDING COMMISSIONER 106 COMMUNICATIONS SUPERVISOR 107 ELECTRICAL SUPERVISOR 108 DEPUTY CHIEF OF STAFF 109 FACILITIES MANAGER 110 GOLF PRO 111 LABORATORY SUPERVISOR 112 MANAGER OF CUSTOMER RELATIONS AND EDUCATION 113
NETWORK ADMINISTRATOR 114 PLANNER I 115 PROJECT MANAGER 116
PURCHASING ANALYST 117 REDEVELOPMENT PROJECT MANAGER 118 STAFF ENGINEER II 119
SYSTEMS ADMINISTRATOR 120 SYSTEMS APPLICATION AND SERVICE ADMINISTRATOR 121 SUPERVISOR 122 TRANSPORTATION SYSTEMS ADMINISTRATOR 123 WATER TREATMENT COMPLIANCE ADMINISTRATOR 124 WATER/SEWER SUPERVISOR 125 126 MAXIMUM BI-WEEKLY BASE SALARY $3,483.46 127 ENGINEERING ADMINISTRATOR 128 PLAN REVIEW COORDINATOR 129 RECORDS SYSTEMS ADMINISTRATOR 130
STAFF ACCOUNTANT 131 STORM WATER ADMINISTRATOR 132 TRANSPORTATION DEVELOPMENT COORDINATOR 133 134 MAXIMUM BI-WEEKLY BASE SALARY $3,264.11 135 BUILDING INSPECTOR/PLANS EXAMINER 136
CODE ENFORCEMENT INSPECTOR I 137 CONTENT SPECIALIST 138 CUSTOMER SERVICE SUPERVISOR 139 EMPLOYEE BENEFITS MANAGER 140 ENVIRONMENTAL PLANNER 141
FINANCIAL ANALYST 142 FINANCIAL/PROGRAM OFFICER 143 FOREMAN 144 INSPECTOR 145 LABORATORY ANALYST 146 MAINTENANCE/ELECTRONICS FOREMAN 147
MAYOR’S ASSISTANT 148 METERED/FIELD SUPPORT SERVICES COORDINATOR 149 PAYROLL ANALYST 150
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PLANNER II 151 PRETREATMENT COORDINATOR 152
TECHNICAL FOREMAN 153 WATER/SEWER FOREMAN 154 155 MAXIMUM BI-WEEKLY BASE SALARY $3,044.72 156 ACCOUNTS PAYABLE ADMINISTRATOR 157 ADMINISTRATIVE SUPERVISOR 158 AMS ANALYST 159 AUTO MECHANIC I 160 CODE ENFORCEMENT INSPECTOR II 161 ELECTRICIAN 162 EMPLOYEE DEELOPMENT COORDINATOR 163
EXECUTIVE ADMINISTRATIVE ASSISTANT 164 GIS ANALYST 165 MECHANIC I 166
NETWORK/APPLICATIONS ANALYST 167 SCADA TECHNICIAN 168 SENIOR OPERATOR 169
URBAN FORESTER 170 171 MAXIMUM BI-WEEKLY BASE SALARY $2,940.64 172 ACCOUNTANT 173 AMS TECHNICIAN 174 AUTO MECHANIC II 175 COMMUNICATIONS TECHNICIAN I 176 COMMUNITY RELATIONS SPECIALIST 177 CREW LEADER 178 DATA TECHNICIAN 179 DISTRIBUTION/COLLECTION SYSTEM OPERATOR 180
FINANCIAL SPECIALIST 181 HOUSEHOLD HAZARDOUS WASTE COORDINATOR 182 HUMAN RESOURCES GENERALIST 183 LABORATORY TECHNICIAN 184 MAINTENANCE SUPERVISOR 185 MECHANIC II 186
MEETING COORDINATOR 187 OFFICE ADMINISTRATOR 188 PARALEGAL 189 PAYROLL SPECIALIST 190 PERMITS SPECIALIST 191
VISUAL/DIGITAL SPECIALIST 192 WATER/SEWER PLANT OPERATOR 193 194 MAXIMUM BI-WEEKLY BASE SALARY $2,605.90 195 ACCOUNTING TECHNICIAN 196 AMBULANCE BILLING SPECIALIST 197
ASSISTANT GOLF PRO 198 COMMUNICATIONS TECHNICIAN II 199 DATA SPECIALIST/TRAINING COORDINATOR 200
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
DATA TECHNICIAN 201 GIS TECHNICIAN II 202
LEGAL ASSISTANT 203 METERED SERVICES COORDINATOR 204 OPERATOR 205 RECORDS SUPERVISOR 206 SENIOR SKILLED LABORER 207 WATER/SEWER MECHANIC 208 209 MAXIMUM BI-WEEKLY BASE SALARY $2,386.47 210 ADMINISTRATIVE ASSISTANT I 211 DEFERRAL COORDINATOR 212 NIBRS COORDINATOR 213
SKILLED LABORER 214 URBAN FORESTRY SPECIALIST 215 216 MAXIMUM BI-WEEKLY BASE SALARY $2,167.00 217 ADMINISTRATIVE ASSISTANT II 218 BUILDING SERVICES WORKER 219
GENERAL LABORER 220 METER READER 221 RECORDS CLERK 222 223 The figures listed in this salary ordinance are maximums and do not necessarily represent an incumbent’s 224 actual salary. 225 226 All base salaries paid by the City of Carmel to its employees shall conform to the general guidelines 227 established for the grade and step compensation system implemented January 1, 1999 and revised 228 effective January 1, 2017. 229 230
PART-TIME/TEMPORARY – UP TO $51.50 PER HOUR 231 232 SPECIALTY PAY 233 234 Engineering Department employees who hold a Professional Engineer license may qualify for specialty 235 pay in the amount of up to $30,000 per year in addition to all other forms of compensation. 236
237 A Department of Information and Communication Systems employee who is assigned primary on-call 238 duties between the hours of 4:30 PM and 8:00 AM, and other times when the department is not fully 239 staffed, is eligible for on-call pay at a flat rate of ten dollars ($10.00) per day for regular weekdays and 240 twenty-five dollars ($25.00) per day for Saturday, Sunday and City holidays, in addition to all other forms 241
of compensation. Eligibility for on-call pay shall be determined by the department’s on-call policy. 242 Exempt employees are not eligible for on-call pay. 243 244 A Street Department employee who is assigned primary on-call duties between the hours of 4:30 PM and 245 8:00 AM, and other times when the department is not fully staffed, is eligible for on-call pay at a flat rate 246 of ten dollars ($10.00) per day for regular weekdays and twenty five dollars ($25.00) per day for 247
Saturday, Sunday and City holidays, in addition to all other forms of compensation. Eligibility for on-call 248 pay shall be determined by the department’s on-call policy. Exempt employees are not eligible for on-call 249 pay. 250
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
251 Street Department employees who meet criteria specified by the Department may qualify for the specialty 252
pay specified below, in addition to all other forms of compensation: 253 254 INSPECTOR TECHNICIAN $5.00 PER HOUR UP TO $2,500.00 PER YEAR SAFETY AND 255 TRAINING ASSISTANT $5.00 PER HOUR UP TO $2,500.00 PER YEAR FABRICATION 256 TECHNICIAN $5.00 PER HOUR UP TO $2,500.00 PER YEAR 257 258 Each Street Department employee shall be entitled to receive only two (2) types of specialty pay at any 259 given time. The employee shall receive the highest specialty pay(s) for which he or she is eligible. All 260 specialty pay shall cease when an employee no longer performs the duties associated with the pay or no 261 longer meets the qualifications for such pay, whether the change results from the decision/action of the 262 City or of the employee. 263
264 A Utilities employee who is assigned primary on-call duties between the hours of 4:30 PM and 8:00 AM, 265 and other times when the department is not fully staffed, is eligible for on-call pay at a flat rate of ten 266
dollars ($10.00) per day for regular weekdays and twenty-five dollars ($25.00) per day for Saturday, 267 Sunday and City holidays, in addition to all other forms of compensation. Eligibility for on-call pay shall 268 be determined by the department’s on-call policy. Exempt employees are not eligible for on-call pay. 269
270 All full-time and part-time employees shall be paid only by the department of hire, and only from the 271 appropriate budget line. 272 273 All full-time civilian employees, the Fire Chief, and the Police Chief shall receive two hundred fifty 274 dollars ($250.00) per year longevity pay for the first ten years of service and three hundred ten dollars 275 ($310.00) per year for years eleven through twenty-five, in addition to all other forms of compensation. 276 Longevity pay terms and conditions shall conform to the City’s current longevity ordinance as adopted by 277 the Carmel Common Council. 278 279 All full-time sworn employees except the Fire Chief, and the Police Chief shall receive five hundred 280
dollars ($500.00) per year for years sixteen through twenty-five, in addition to all other forms of 281 compensation. 282 283 All employees whose regularly assigned shift begins between the hours of 2:00 PM and 11:00 PM shall 284 be entitled to receive shift differential pay of one dollar ($1.00) per hour for each hour worked, in addition 285 to all other forms of compensation. 286
287 Each full-time, part-time, seasonal or temporary employee who is required to report to work on a declared 288 holiday, whether on a scheduled or an unscheduled basis, shall receive fifteen dollars ($15.00) per hour 289 premium pay for each hour actually worked on the holiday. Such premium pay shall be calculated to the 290 nearest quarter hour. 291
292 A full-time civilian employee who demonstrates a specified level of fluency in an approved foreign 293 language shall receive an additional two thousand dollars ($2,000.00) per year, in addition to all other 294 forms of compensation. All such pay must be approved by the employee’s director and the Director of 295 Human Resources. To continue receiving this compensation, the employee is required to maintain 296 fluency, and may be periodically re-tested. 297
298 Employees who meet established criteria pertaining to education and job function (excluding directors) 299 shall receive technical pay amounting to ten percent (10%) of their base pay, in addition to all other forms 300
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
of compensation. 301 302
Overtime compensation for full-time, part-time and temporary employees shall be in addition to the 303 amounts specified above, and shall be paid in compliance with the federal Fair Labor Standards Act and 304 the City of Carmel's most current compensation ordinance as adopted by the Carmel Common Council. 305 306 The regular hourly and overtime rate of pay shall be determined as follows: 307 308 The hourly rate of pay of all City employees shall be calculated based upon the number of hours the 309 employee is scheduled to work in a regular work period. 310 311 The formula for calculating the hourly rate of pay shall be: (bi-weekly base pay + longevity pay + shift 312 differential pay + 24-hour fire schedule pay + specialty pay)/ hours the employee is scheduled to work in 313
a regular work period. 314 315 Scheduled hours are as follows: 316
317 For all civilians and for firefighters in administrative positions, the scheduled hours shall be 37.5 318 in a 7-day work period (75 hours bi-weekly). 319
320 For all police officers and golf course employees, the scheduled hours shall be 160 in a 28-day 321 work period (80 hours bi-weekly). 322 323 For firefighters who work a 24-hour shift, the scheduled hours shall be an average of 224 hours in 324 a 28-day work period (112 hours bi-weekly). 325 326 The formula for calculating the overtime rate of pay shall be: 327 328 For Fire Department non-exempt shift employees, hourly rate of pay (as determined by formula 329 in Section 12(h)(ii) above) x 0.5 for scheduled overtime from 212-224 hours, and hourly rate x 330
1.5 for scheduled overtime in excess of 224 hours and for all emergency call-outs, end-of-shift 331 runs and work-related court appearances. 332 333 For all other non-exempt City employees, hourly rate of pay (as determined by formula in Section 334 12(h)(ii) above) x 1.5.* 335 336
*Not all overtime is eligible for time and one-half compensation. See Carmel City Code § 2-40 337 (c) for guidelines. 338 339 340 Appointed members of the Plan Commission and Board of Zoning Appeals shall be paid the sum of one 341
hundred twenty-five dollars ($125.00) for each regularly scheduled meeting or special meeting, including 342 a training meeting, attended. Appointed members of the Plan Commission shall receive an additional one 343 hundred twenty-five dollars ($125.00) for each standing sub-committee meeting attended. 344 345 Exempt employees of the Department of Community Services shall be entitled to receive a stipend of 346 seventy-five dollars ($75.00) per meeting or compensatory time off for regular or special meetings of the 347
Plan Commission or Board of Zoning Appeals, or their respective committees or task forces, if such 348 meetings are held outside the regular working hours of 8:00 a.m. to 5:00 p.m. Under no circumstances 349 shall an exempt employee be entitled to receive both a meeting stipend and compensatory time off for 350
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
attending the same meeting. 351 352
Non-exempt employees of the Department of Community Services shall be entitled to overtime 353 compensation for attending regular or special meetings of the Plan Commission or Board of Zoning 354 Appeals, or their respective committees or task forces, if such meetings cause them to work in excess of 355 37.5 hours per week. 356 357 Appointed members of the Board of Public Works and Safety shall be paid a salary of seven thousand 358 eight hundred seventy-five dollars ($7,875) per year. 359 360 Departments may employ interns at a pay rate not to exceed $20.00 per hour. 361 362 CARMEL POLICE DEPARTMENT SPECIALTY PAY: 363
364 Designated Field Training Officers shall, at the request of the Chief of Police, be entitled to receive up to 365 ten dollars ($10.00) per hour for performing the duties associated with these functions, in addition to all 366
other forms of compensation. 367 368 Accident Investigators who do not qualify for the specialty pay shown in Section (e) below and Certified 369
Instructors shall, at the request of the Chief of Police, be entitled to receive up to three dollars ($3.00) per 370 hour for performing the duties associated with these functions, in addition to all other forms of 371 compensation. 372 373 A Police Officer who demonstrates a specified level of fluency in an approved foreign language shall 374 receive an additional two thousand dollars ($2,000.00) per year, in addition to all other forms of 375 compensation. All such pay must be approved by the Chief of Police and the Director of Human 376 Resources. To continue receiving this compensation, the Officer is required to maintain fluency, and may 377 be periodically re-tested. 378 379 Police Officers who meet the criteria specified by the Department and who serve in the position of 380
Investigator (CID or SID) or School Resource Officer (SRO) are eligible for positional pay, in addition to 381 all other forms of compensation. Supervisors of these units are not eligible for 382 positional pay. 383 384 INVESTIGATOR (PATROL/DETECTIVE ONLY) UP TO $3,000.00 PER YEAR 385 SCHOOL RESOURCE OFFICER UP TO $3,000.00 PER YEAR 386
387 Police Department employees who meet criteria specified by the Department may qualify 388 for the specialty pay specified below, in addition to all other forms of compensation: 389 390 PERSONNEL SPECIALIST/FTO COORDINATOR UP TO $2,500.00 PER YEAR 391
FIREARMS RANGE/TRAINING COORDINATOR UP TO $2,500.00 PER YEAR 392 K-9 COORDINATOR UP TO $2,500.00 PER YEAR 393 FIELD EVIDENCE TECHNICIAN UP TO $2,500.00 PER YEAR 394 SPECIAL WEAPONS AND TACTICS (SWAT) UP TO $2,500.00 PER YEAR 395 EMERGENCY RESPONSE GROUP (ERG) UP TO $2,000.00 PER YEAR 396 ACCIDENT INVESTIGATOR (240 HOURS TRAINING) UP TO $2,500.00 PER YEAR 397
ACCIDENT INVESTIGATOR (160 HOURS TRAINING) UP TO $2,000.00 PER YEAR 398 ACCIDENT INVESTIGATOR (80 HOURS TRAINING) UP TO $1,500.00 PER YEAR 399 K-9 HANDLER UP TO $1,500.00 PER YEAR 400
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
MOTORCYCLE/TRAFFIC OFFICER UP TO $1,500.00 PER YEAR 401 UNMANNED AIRCRAFT SYSTEMS (UAS) UP TO $1,500.00 PER YEAR 402
NEGOTIATOR UP TO $1,500.00 PER YEAR 403 DRUG RECOGNITION OFFICER UP TO $1,000.00 PER YEAR 404 HONOR GUARD UP TO $1,000.00 PER YEAR 405 POLICE OFFICER SUPPORT TEAM UP TO $1,000.00 PER YEAR 406 IDACS COORDINATOR UP TO $1,000.00 PER YEAR 407 CHILD SAFETY SEAT TECHNICIAN UP TO $1,000.00 PER YEAR 408 409 Each Police Department employee shall be entitled to receive only two (2) types of specialty pay at any 410 given time. The employee shall receive the highest specialty pay(s) for which he or she is eligible. All 411 specialty pay shall cease when an employee no longer performs the duties associated with the pay or no 412 longer meets the qualifications for such pay, whether 103 the change results from the decision/action of 413
the City or of the employee. 414 415 A Carmel Police Officer who is assigned Operations Division Patrol primary on-call duties between the 416
hours of 5:00 AM and 5:00 PM, or 5:00 PM and 5:00 AM, is eligible for on call pay at a flat rate of ten 417 dollars ($10.00) per shift for regular weekdays and twenty-five dollars ($25.00) per shift for Saturday, 418 Sunday and City holidays, in addition to all other forms of compensation. Eligibility for on-call pay shall 419
be determined by the department’s on-call policy. Exempt employees are not eligible for on-call pay. 420 421 Following twelve (12) full months of employment, each officer of the Carmel Police Department shall be 422 eligible for an annual clothing allowance of fourteen hundred dollars ($1,400.00), the entirety to be paid 423 in a lump sum on or before April 1. Such payment shall be treated as taxable income. 424 425 Police Officers shall be exempted from Social Security as outlined in Carmel City Code 119 Sec. 2-426 56(d)(6). 427 428 CARMEL FIRE DEPARTMENT SPECIALTY PAY: 429 430
A Firefighter shall be entitled an additional two dollars ($2,154.00) per hour for each hour he or she is 431 assigned to an ambulance, in addition to all other forms of compensation. 432 433 A Captain or Lieutenant who fills in for a Battalion Chief shall receive three dollars ($3.00) per hour ride-434 out pay, and a Firefighter who fills in for an Engineer, Lieutenant or Captain shall receive two dollars 435 ($2.00) per hour ride-out pay, in addition to all other forms of compensation. Officers filling in for other 436
officers (except filling in for a Battalion Chief) are not eligible for ride out pay. 437 438 A Firefighter who demonstrates a specified level of fluency in an approved foreign language shall receive 439 an additional two thousand dollars ($2,000.00) per year, in addition to all other forms of compensation. All 440 such pay must be approved by the Fire Chief and the Director of Human Resources. To continue receiving 441
this compensation, the Firefighter is required to maintain fluency, and may be periodically re-tested. 442 443 Fire Department employees who meet criteria specified by the Department may qualify for the specialty 444 pay specified below, in addition to all other forms of compensation: 445 446 PARAMEDIC 10% OF FIRST CLASS FIREFIGHTER SALARY 447
PUBLIC INFORMATION OFFICER (PIO) UP TO $3,500.00 PER YEAR 448 ENGINEER TECHNICAL PAY UP TO $2,500.00 PER YEAR 449 SHIFT INVESTIGATOR UP TO $2,000.00 PER YEAR 450
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
MECHANIC UP TO $2,000.00 PER YEAR 451 HAZARDOUS MATERIALS UP TO $2,000.00 PER YEAR 452
RESCUE TECHNICIAN UP TO $2,000.00 PER YEAR 453 SPECIAL DUTY PAY UP TO $2,000.00 PER YEAR 454 CERTIFIED AMBULANCE CODER UP TO $2,000.00 PER YEAR 455 SWAT MEDIC UP TO $2,000.00 PER YEAR 456 DRONE PILOT UP TO $2,000.00 PER YEAR 457 STATION CAPTAIN UP TO $1,500.00 PER YEAR 458 459 Each Fire Department employee shall be entitled to receive only two (2) types of specialty pay at any given 460 time, except those receiving Public Information Officer, Special Duty, Station Captain or Engineer 461 Technical Pay specialty pay, who are eligible for two additional types of specialty pay. The employee shall 462 receive the highest specialty pay(s) for which he or she is eligible. All specialty pay shall cease when an 463
employee no longer performs the duties associated with the pay or no longer meets the qualifications for 464 such pay, whether the change results from the decision/action of the City or of the employee. 465 466
Twenty-four Hour Fire Schedule Pay shall be paid to Fire Department personnel required to work a 24-467 hour shift, in addition to all other forms of compensation, as specified below (Firefighters hired after 468 January 1, 1999, are not eligible for 24 Hour Fire Schedule Pay): 469
470 BATTALION CHIEF UP TO $143.00 BI-WEEKLY 471 CAPTAIN UP TO $143.00 BI-WEEKLY 472 LIEUTENANT UP TO $136.00 BI-WEEKLY 473 ENGINEER UP TO $130.00 BI-WEEKLY 474 FIREFIGHTER UP TO $125.00 BI-WEEKLY 475 476 Section 4. All prior City ordinances or parts thereof that are inconsistent with any 477 provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. 478
479 Section 5. If any portion of this Ordinance is for any reason declared unconstitutional, 480 invalid or unenforceable by a court of competent jurisdiction, such decision shall not affect the 481 validity of the remaining portions of this Ordinance. 482 483
Section 6. This Ordinance shall be in full force and effect from and after the date of its 484 passage and signing by the mayor. 485 486 [remainder of page left intentionally blank] 487 488 489 490 491 492 493 494 495 496 497 498
499
Sponsor(s): Councilors Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this day of 500 , 2024, by a vote of ayes and nays. 501 502 COMMON COUNCIL FOR THE CITY OF CARMEL 503 504 505 506 Anthony Green, President Adam Aasen, Vice-President 507 508 509 Rich Taylor Matthew Snyder 510 511 512
Jeff Worrell Teresa Ayers 513 514 515
Shannon Minnaar Ryan Locke 516 517 518
Anita Joshi 519 520 ATTEST: 521 522 ______________________________ 523 Jacob Quinn, Clerk 524 525 Presented by me to the Mayor of the City of Carmel, Indiana this day of 526 527 2024, at __.M. 528 529 530 531 Jacob Quinn, Clerk 532
533 Approved by me, Mayor of the City of Carmel, Indiana, this day of 534 535
2024, at __.M. 536 537 538
539 Sue Finkam, Mayor 540 541 ATTEST: 542 543 544 545 Jacob Quinn, Clerk 546 547
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 25, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
1 ORDINANCE D-2736-24 2 3 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, 4 INDIANA, FIXING SALARIES OF ELECTED OFFICIALS 5 OF THE CITY OF CARMEL, INDIANA, FOR THE YEAR 2025 6 7 Synopsis: Establishes 2025 salaries and all years thereafter for Carmel’s elected officials. 8 9 10 WHEREAS, the Common Council of the City of Carmel (the “City”) desires to set the bi- 11 weekly salaries and other compensation of the City’s elected officials pursuant to IC 36-4- 7-2. 12 13 NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, 14 Indiana, as follows 15 16
Section 1: The bi-weekly salaries of elected officials shall be as follows commencing December 17 21, 2024 and continuing through December 20, 2025: 18 19
ELECTED OFFICIAL BI-WEEKLY SALARY 20 21 MAYOR $6,827.25 22 JUDGE $6,007.06 23 CITY CLERK $5,034.10 24 COMMON COUNCIL $966.45 25 26 27 Section 2: All elected officials shall be provided with a City-issued cellular phone and a plan for 28 unlimited minutes and data. 29 30
31 Section 3: The Mayor shall be provided with either a leased vehicle for personal and/or business 32 use with no limit on annual mileage, or a monthly vehicle stipend of $600. The City shall be responsible 33 for maintenance, repairs, cleaning and gasoline for a leased vehicle. 34 35 36
Section 4: The following methodology shall be used to determine the bi-weekly salaries of elected 37 officials for all years after 2025. Not later than October 1st of each year, the Controller shall report to the 38 Common Council the Cost-of-Living Adjustment (COLA) or General Salary Adjustment (GSA) used in 39
the proposed City budget and proposed City Ordinance fixing the bi-weekly salaries for appointed officers 40 and employees of the City (Executive Branch employees) for the following year. The bi-weekly salaries 41 of elected officials will be increased annually using the same COLA or GSA used to adjust Executive 42 Branch employees for the following year; however, the Common Council may, by a separate ordinance, 43 suspend or delay an adjustment for the Mayor. Any adjustment under this Section shall take effect at the 44 same time as the adjustment for Executive Branch employees takes effect. 45 46 [remainder of page left intentionally blank] 47 48 Ordinance D-2736-24 49 Page One of Two Pages 50
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 25, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this day of 51 , 2024, by a vote of ayes and nays. 52 53 COMMON COUNCIL FOR THE CITY OF CARMEL 54 55 56 Anthony Green, President Adam Aasen, Vice-President 57 58 59 Rich Taylor Matthew Snyder 60 61 _____ 62 Jeff Worrell Teresa Ayers 63
64 65 Shannon Minnaar Ryan Locke 66
67 68 Anita Joshi 69
70 ATTEST: 71 72 ______________________________ 73 Jacob Quinn, Clerk 74 75 Presented by me to the Mayor of the City of Carmel, Indiana this day of 76 2024, at __.M. 77 78 79 Jacob Quinn, Clerk 80 81 Approved by me, Mayor of the City of Carmel, Indiana, this day of 82 2024, at __.M. 83
84 85 86
Sue Finkam, Mayor 87 88 ATTEST: 89
90 91 92 Jacob Quinn, Clerk 93 94 95 Ordinance D-2736-24 96 Page Two of Two Pages 97
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE D-2737-24 1
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY 2
OF CARMEL, INDIANA CREATING THE CARMEL SURTAX 3
FUND AND IMPOSING A MOTOR VEHICLE LICENSE EXCISE 4
SURTAX 5
Synopsis: Creates the Carmel Surtax Fund and Imposes a Motor Vehicle License Excise Surtax. 6
7
WHEREAS, Ind. Code §6-3.5-10-1 et seq. (the “Act”) authorizes the City of Carmel 8
Common Council (the “Council”) to impose, by ordinance, an annual motor vehicle license excise 9 surtax (“Surtax”) of not more than twenty-five dollars ($25.00) on certain motor vehicles registered 10 in the City of Carmel (“City”); 11 12
WHEREAS, the Act authorizes the Council to impose the Surtax on each motor vehicle 13
that is subject to the tax or impose the Surtax on vehicles subject to the tax at one or more 14 different amounts based upon the class of vehicles; 15 16 WHEREAS, the Act prohibits the Council from adopting an ordinance imposing a 17
Surtax unless the Council concurrently adopts an ordinance under Ind. Code 18
§6-3.5-11 to impose the municipal wheel tax; 19
WHEREAS, pursuant to Ind. Code §6-3.5-11, the Council is concurrently adopting a 20
municipal wheel tax; 21
22 WHEREAS, the Council may not adopt an ordinance to impose the Surtax unless the 23 City uses a transportation asset management plan approved by the Indiana Department of 24 Transportation (“INDOT”); 25
26 WHEREAS, the City utilizes a transportation asset management plan approved by 27 INDOT, as more specifically described in Exhibit A, attached hereto and incorporated herein; 28 and 29 30 WHEREAS, the City may use the Surtax revenues (1) to construct, reconstruct, repair, 31
or maintain streets and roads under the City's jurisdiction; or (2) for the City's contribution 32
toward a grant from the local road and bridge matching grant fund under Ind. Code §8-23-30. 33
34
35
36
37
38
Ordinance D-2737-24 39 Page One of Four 40
41
42
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
43 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 44 Indiana, as follows: 45 46 Section 1. Chapter 2, Article 7, Section 2-402 shall be created and added to the 47
Carmel Code of Ordinances as follows: 48
(a) Definitions. The definitions set forth in Ind. Code §6-3.5-10-1 are 49 incorporated herein and shall apply throughout this ordinance. 50
(b) Imposition and Rate of Surtax. Effective January 1, 2025, the 51 following vehicles, registered in the City of Carmel and subject to 52
the Motor Vehicle License Excise Tax shall be subject a Surtax in 53
the amount of Twenty Five Dollars ($25.00), in accordance with the 54 provisions of Ind. Code §6-3.5-10-1 et seq. The Surtax shall be paid 55 with the registration of each such vehicle. The City Controller shall 56 deposit revenue received from the Surtax in a fund to be known as 57
the “Carmel Surtax Fund” and shall distribute the Surtax Fund in 58
accordance with Ind. Code §6-3.5-10-10. 59 60 (1) Passenger motor vehicles. 61 (2) Motorcycles. 62
(3) Motor driven cycles. 63
(4) Collector vehicles. 64 (5) Trailer vehicles with a declared gross weight of nine thousand (9,000) 65 pounds or less. 66 (6) Trucks with a declared gross weight of eleven thousand (11,000) 67
pounds or less. 68
(7) Mini-trucks. 69 (8) Military vehicles. 70 71
(c) Carmel Surtax Fund (258). The “Carmel Surtax Fund” (Fund 258) is 72
hereby created and shall be a non-reverting fund. The City may use the 73
Surtax revenues 74
(1) to construct, reconstruct, repair, or maintain streets and roads 75
under the City's jurisdiction; 76
(2) for the City's contribution toward a grant from the local road and 77
bridge matching grant fund under Ind. Code §8-23-30; or 78
(3) any other allowable uses under Ind. Code §6-3.5-10. 79
80
81 Ordinance D-2737-24 82 Page Two of Four 83
84
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(d) Estimate of Anticipated Surtax Revenues. On or before October 1 of 85
each year, the City Controller shall provide the Council with an 86
estimate of the Surtax revenues to be received by the City during the 87
next calendar year. The City shall include the estimated Surtax 88
revenues in the City’s budget estimate for the calendar year. 89
(e) Transmittal of Ordinance to BMV. The Council hereby authorizes the 90
Mayor or her designee to send a copy of this ordinance to the Indiana 91
Bureau of Motor Vehicles. 92
93
Section 2. The foregoing Recitals are incorporated herein by this reference. 94
95
Section 3. Chapter 2, Article 7, Section 2-402 of the Carmel City Code is hereby added. 96 97 Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or 98 invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as 99
enforcement of same can be given the same effect. 100 101 Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by 102 the Mayor. 103 104
105
(Remainder of Page left intentionally blank) 106
107 108
109 110 111
112 113 114
115 116 117
118 119 120
121 122 123
124 125
126 Ordinance D-2737-24 127 Page Three of Four 128
129 130
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED, by the Common Council of the City of Carmel, Indiana, this day of 131 , 2024, by a vote of ayes and nays. 132 133 COMMON COUNCIL FOR THE CITY OF CARMEL 134 135 136 Anthony Green, President Adam Aasen, Vice-President 137 138 139 Rich Taylor Matthew Snyder 140
141 142 Jeff Worrell Teresa Ayers 143 144 145 Shannon Minnaar Ryan Locke 146
147 148 Anita Joshi 149 150 ATTEST: 151 152
______________________________ 153 Jacob Quinn, Clerk 154 155 Presented by me to the Mayor of the City of Carmel, Indiana this day of 156 157 2024, at __.M. 158 159 160
161 Jacob Quinn, Clerk 162 163
Approved by me, Mayor of the City of Carmel, Indiana, this day of 164 165 2024, at __.M. 166
167 168 169
Sue Finkam, Mayor 170 ATTEST: 171 172 173 174 Jacob Quinn, Clerk 175 176 Ordinance No. D-2737-24 177
Page Four of Four 178
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE D-2738-24 1
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF 2
CARMEL, INDIANA CREATING THE CARMEL WHEEL TAX FUND AND 3
IMPOSING A MUNICIPAL WHEEL TAX 4
5 Synopsis: Creates the Carmel Wheel Tax Fund and Imposes a Municipal Wheel Tax. 6
7
WHEREAS, Ind. Code §6-3.5-11 et seq. (the “Act”) authorizes the City of 8 Carmel Common Council (the “Council”) to impose, by ordinance, an annual wheel tax 9 (“Wheel Tax”) of not more than forty dollars ($40.00) on certain motor vehicles 10
registered in the City of Carmel (“City”); 11
12 WHEREAS, the Act authorizes the Council to impose the Wheel Tax at a 13 different rate for each class of vehicle subject to the Act. In addition, the Act authorizes 14 the Council to establish different rates within the classes of busses, recreational vehicles, 15
semitrailers, trailers, tractors, and trucks based on weight classifications established by 16
the Indiana Bureau of Motor Vehicles (“BMV”); 17 18 WHEREAS, the Act prohibits the Council from adopting an ordinance imposing 19 a Wheel Tax unless the City Council concurrently adopts an ordinance under Ind. Code 20
§6-3.5-10-1 et seq. to impose the annual motor vehicle license excise surtax; 21
WHEREAS, pursuant to Ind. Code §6-3.5-10-1 et seq., the Council is 22 concurrently adopting a Motor Vehicle License Excise Surtax; 23 24 WHEREAS, the Council may not adopt an ordinance to impose the Wheel Tax 25 unless the City uses a transportation asset management plan approved by the Indiana 26 Department of Transportation (“INDOT”); 27 28 WHEREAS, the City utilizes a transportation asset management plan approved 29
by INDOT, as more specifically described in Exhibit A, attached hereto and incorporated 30 herein; and 31 32 WHEREAS, the City may use the Wheel Tax revenues: 33
(1) to construct, reconstruct, repair, or maintain streets and roads under the 34 City's jurisdiction; 35
(2) as a contribution to an authority established under Ind. Code §36-7-23; or 36 (3) for the city's contribution toward a grant from the local road and 37 bridge matching grant fund under Ind. Code §8-23-30. 38 39 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 40 Indiana, as follows: 41 42 Section 1. Section Chapter 2, Article 7, Section 2-403 shall be created and added to the 43
Carmel Code of Ordinances as follows: 44
“(a) Definitions. The definitions and provisions set forth in Ind. Code 45 §6-3.5-11-1 are incorporated herein and shall apply throughout this 46
ordinance. 47
48 (b) Imposition and Rate of Wheel Tax. Effective January 1, 2025, the 49 following vehicles, registered in the City and subject to the Wheel Tax 50 shall be subject to a Wheel Tax in the amount of Forty Dollars ($40.00), 51
in accordance with the provisions of the Ind. Code §6-3.5-11-1 et seq. 52
The Wheel Tax shall be paid to the Indiana Bureau of Motor Vehicles 53 each year at the time the vehicle is registered. The City’s Controller 54 shall deposit the Wheel Tax revenues in a fund to be known as the 55 “Carmel Wheel Tax Fund” and shall distribute the Carmel Wheel Tax 56
Fund in accordance with Ind. Code §6-3.5-11-1 et seq. 57 58 Ordinance D-2738-24 59 Page One of Three 60
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
61
62 (1) Buses. 63 (2) Recreational vehicles. 64 (3) Semitrailers. 65 (4) Trailers with a declared gross weight of more than nine thousand 66
(9,000) pounds. 67 (5) Trucks and tractors with a declared gross weight of more 68
than eleven thousand (11,000) pounds. 69
70 Vehicles exempt from the Wheel Tax are vehicles: 71 (1) owned by the state, 72 (2) owned by a state agency of the state, 73
(3) owned by a political subdivision of the state, 74
(4) subject to the municipal vehicle excise tax imposed under Ind. 75 Code 6-3.5-10, 76 (5) a bus owned or operated by a religious or nonprofit youth 77 organization and used to transport persons to religious services or 78
for the benefit of its members, 79
(6) a school bus, 80 (7) a motor vehicle that is funeral equipment and that is used in the 81 operation of funeral services (as defined in Ind. Code §25-15-2-82 17), or (8) any other vehicle exempt pursuant to Ind. 83
Code §6-3.5-11-4. 84
(c) Carmel Wheel Tax Fund. The “Carmel Wheel Tax Fund” is hereby 85
created and shall be a non-reverting fund. The City may only use the Wheel 86
Tax revenues to: 87
(1) construct, reconstruct, repair, or maintain streets and roads under 88
the City’s jurisdiction; 89
(2) as a contribution to an authority established under Ind. Code §36-90
7-23; 91
(3) for the City’s contribution to obtain a grant from the local road 92
and bridge matching grant fund under Ind. Code §8-23-30 or (4) 93
or any other use allowable under Ind. Code §6-3.5- 11-14. 94
(d) Estimate of Anticipated Wheel Tax Revenues. On or before 95
October 1 of each year, the City Controller shall provide the City Council 96
with an estimate of the Wheel Tax revenues to be received by the City 97
during the next calendar year. The City shall include the estimated Wheel 98
Tax revenues in the City’s budget estimate for the calendar year. 99
(e) Transmittal of Ordinance. The Council hereby authorizes the 100
Mayor or her designee to provide a copy of the ordinance to the Indiana 101
Bureau of Motor Vehicles and the Department of State Revenue as 102 required by Ind. Code §6-3.5-11-8.” 103 104 Section 2. The foregoing Recitals are incorporated herein by this reference. 105
106 Section 3. Chapter 2, Article 7, Section 2-403 of the Carmel City Code is hereby added. 107 108 Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or 109 invalid, such decision shall not affect the validity of the remaining portions of this 110
Ordinance so long as enforcement of same can be given the same effect. 111
112 Section 5. This Ordinance shall be in full force and effect from and after its passage and signing 113 by the Mayor. 114 115
116 117 Ordinance D-2738-24 118 Page Two of Three 119 120 121
SPONSOR(S): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 5, 2024 at 12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
122 PASSED, by the Common Council of the City of Carmel, Indiana, this day of 123 , 2024, by a vote of ayes and nays. 124 125 COMMON COUNCIL FOR THE CITY OF CARMEL 126 127 128 129 Anthony Green, President Adam Aasen, Vice-President 130 131 132 133
Rich Taylor Matthew Snyder 134 135 136
137 Jeff Worrell Teresa Ayers 138 139
140 141 Shannon Minnaar Ryan Locke 142 143 144 145 Anita Joshi 146 147 ATTEST: 148 149 150 ______________________________ 151 Jacob Quinn, Clerk 152 153
Presented by me to the Mayor of the City of Carmel, Indiana this day of 154 155 2024, at __.M. 156
157 158 159
160 Jacob Quinn, Clerk 161 162 Approved by me, Mayor of the City of Carmel, Indiana, this day of 163 164 2024, at __.M. 165 166 167 168 169 Sue Finkam, Mayor 170
171 ATTEST: 172 173
174 175 Jacob Quinn, Clerk 176
177 Ordinance No. D-2738-24 178 Page Three of Three 179
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at
12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal
sufficiency or otherwise.
1
ORDINANCE D-2739-24 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY 3
OF CARMEL, INDIANA AMENDING ARTICLE 4, SECTIONS 4
2-94, 2-106 AND 2-150 AND ADDING SECTIONS 2-154 AND 2-5
155 OF THE CARMEL CITY CODE 6
7
Synopsis: Amends the Law Enforcement Aid IV Fund (Fund 911), Urban Forestry Fund 8 (Fund 501) and Non-Reverting Code Enforcement Fund (Fund #924), and adds a Non-9 Reverting Carmel Surtax Fund (Fund #258) and a Non-Reverting Carmel Wheel Tax Fund 10 (Fund #259). 11
12
WHEREAS, the Common Council of the City of Carmel, Indiana is, pursuant to Indiana 13 Code 36-4-6-18, authorized to pass ordinances and resolutions regarding the control of the City’s 14 finances and the appropriation of money; and 15
WHEREAS, from time to time adjustments are needed to properly administer the City’s 16 funds; and 17
WHEREAS, it is necessary to add additional funds as appropriate with ordinances 18 passed by the Carmel Common Council establishing a Municipal Surtax and a Municipal Wheel 19 Tax. 20
NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of 21 Carmel, Indian as follows: 22
23
Section 1: The foregoing Recitals are incorporated herein by this reference. 24
That Chapter 2, Article 4, Sections 2-94, 2-106 and 2-150 of the Carmel City Code are 25 hereby amended and shall read as follows: 26 Ҥ 2-94 Law Enforcement Aid IV Fund (Fund 911). 27
(a) The Clerk-Treasurer of the City is directed to establish a fund denominated There is 28 established a Law Enforcement Aid IV Fund #911 for the purpose of receiving 1994 grant 29 monies. 30 (b) Said fund shall be funded by contributions from various granting agencies, including the 31 City, and that all balances from previous grants be deposited into said new fund. 32
33
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Ordinance D-2739-24 36
Page One of Four Pages 37
38
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at
12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal
sufficiency or otherwise.
§ 2-106 Urban Forestry Fund (Fund 501). 39 (a) Monies received from public and private donors and grants shall be deposited into the Urban 40
Forestry Fund #501, which shall be a non-reverting fund. 41
(b) Monies in the Urban Forestry Fund may not be transferred to the General Fund. 42 (c) The Common Council of the City of Carmel, Indiana, appoints the Director of the 43 Department of Community Services Street Commissioner of the City of Carmel as the designated 44 local official to sign all claims for said monies after Council approval. 45
(d) The Common Council of the City of Carmel, Indiana, designates the Clerk-Treasurer 46
Controller of the City as the disbursing officer. 47 48
§ 2-150 Non-Reverting Code Enforcement Fund (Fund #924). 49 (a) There is established a City of Carmel Non-Reverting Code Enforcement Fund. 50
(b) The funds contained in the Non-Reverting Code Enforcement Fund shall be received and 51
deposited therein from all lawful sources in accordance with applicable law. 52 (c) The funds in the Non- Reverting Code Enforcement Fund shall only be used for code 53 enforcement activities and projects. 54 (d) Monies in the Non- Reverting Code Enforcement Fund shall not be transferred into the 55
General Fund, except as provided by applicable law. 56 (e) The Non-Reverting Code Enforcement Fund shall be administered by the Department of 57 Community Services Office of Corporation Counsel. 58 (f) The funds contained in the Non-Reverting Code Enforcement Fund shall be accounted for 59 and maintained separate and apart from all other City funds, and shall be invested with the 60
interest earned thereon deposited in the Non- Reverting Code Enforcement Fund. 61 (g) In the event the Non- Reverting Code Enforcement Fund is terminated, all unexpended 62 funds maintained therein shall be distributed to the City and deposited in the General Fund.” 63 Section 2: Chapter 2, Article 4, Sections 2-154 and 2-155 are hereby added and shall read as 64 follows: 65
Ҥ 2-154 Non-Reverting Carmel Surtax Fund (Fund #258). 66
The “Carmel Surtax Fund” (Fund 258) is hereby created and shall be a non-67
reverting fund. The City may use the Surtax revenues: 68
(1) to construct, reconstruct, repair, or maintain streets and roads under the 69
City's jurisdiction; 70
(2) for the City's contribution toward a grant from the local road and bridge 71
matching grant fund under Ind. Code §8-23-30; or 72
(3) any other allowable uses under Ind. Code §6-3.5-10. 73
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Ordinance D-2739-24 77
Page Two of Four Pages 78
79
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at
12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal
sufficiency or otherwise.
§ 2-155 Non-Reverting Carmel Wheel Tax Fund (Fund #259). 80 The “Carmel Wheel Tax Fund” is hereby created and shall be a non-reverting fund. The City may 81
only use the Wheel Tax revenues to: 82
(1) construct, reconstruct, repair, or maintain streets and roads under the City’s jurisdiction; 83 (2) as a contribution to an authority established under Ind. Code §36-7-23; 84 (3) for the City’s contribution to obtain a grant from the local road and bridge matching grant 85 fund under Ind. Code §8-23-30 or 86
(4) or any other use allowable under Ind. Code §6-3.5- 11-14.” 87
88 Section 3. The foregoing Recitals are incorporated herein by this reference. 89 90
Section 4. Chapter 2, Article 4, Sections 2-94, 2-106 and 2-150 of the Carmel City Code 91
are hereby amended and Chapter 2, Article 4, Sections 2-154 and 2-155 of the Carmel City Code 92 are hereby added. 93 94 Section 5. If any portion of this Ordinance is for any reason declared to be unconstitutional 95
or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance 96
so long as enforcement of same can be given the same effect. 97 98 Section 6. This Ordinance shall be in full force and effect from and after its passage and 99 signing by the Mayor. 100
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102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117
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Ordinance D-2739-24 124
Page Three of Four Pages 125
Sponsor(s): Green and Aasen
This Ordinance was prepared by Samantha Karn, Corporation Counsel, on September 23, 2024 at
12:10 p.m. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal
sufficiency or otherwise.
126 PASSED, by the Common Council of the City of Carmel, Indiana, this day of 127
, 2024, by a vote of ayes and nays. 128 129 COMMON COUNCIL FOR THE CITY OF CARMEL 130 131 132 Anthony Green, President Adam Aasen, Vice-President 133 134 135 Rich Taylor Matthew Snyder 136 137 138
Jeff Worrell Teresa Ayers 139 140 141
Shannon Minnaar Ryan Locke 142 143 144
Anita Joshi 145 146 ATTEST: 147 148 _________________________________ 149 Jacob Quinn, Clerk 150 151 Presented by me to the Mayor of the City of Carmel, Indiana this day of 152 153 2024, at __.M. 154 155 156 157 Jacob Quinn, Clerk 158
159 Approved by me, Mayor of the City of Carmel, Indiana, this day of 160 161
2024, at __.M. 162 163 164
165 Sue Finkam, Mayor 166 ATTEST: 167 168 169 Jacob Quinn, Clerk 170 171
Ordinance D-2739-24 172
Page Four of Four Pages 173
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE NO. D-2740-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
AMENDING CHAPTER 2, ARTICLE 1, SECTIONS 2-1, 2-3, 2-6, 2-10, 2-12, 2-13 AND 2-14 OF THE 4 CARMEL CITY CODE. 5 6 Synopsis: Ordinance clarifying purpose and duties of components of government. 7 8 WHEREAS, the City of Carmel (“City”), is established as four components of government; and 9
10 WHEREAS, it is now necessary for the Carmel City Code to be amended for further clarification of 11 the purpose and duties of these components. 12 13 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 14
as follows: 15
16 Section 1. The foregoing Recitals are fully incorporated herein by this reference. 17 18 Section 2. The following subsections of Carmel City Code, Chapter, 2, Article 1, Sections 2-1, 2-3, 2-19
6, 2-10, 2-11, 2-12, 2-13 and 2-14 are hereby amended, and shall read as follows: 20
21 § 2-1 Four Branches Components of Government. 22 (a) The government of the City shall consist of four branches components, those being: 23 (1) Executive Branch (I.C., 36-4-5) 24
(2) Legislative Branch (I.C., 36-4-6) 25
(3) Fiscal Branch Clerk (I.C., 36-4-10) 26 (4) Judicial Branch (I.C., 33-35-1) (Ord. D-362, § I, 3-22-83) 27 (b) Charts depicting the four branches of government appear at the end of this chapter in Appendix I. 28 29
§ 2-3 Executive Departments. 30
(a) The Mayor shall be the chief administrator of the City and shall have control of the day-to-day operations 31 of the following executive departments which are established. 32 (1) Department of Community Services. (Ord. D-1193, 1-8-96) 33 a) Plan Commission. (I.C., 36-7-4 et seq.). 34
b) Board of Zoning Appeals. (I.C., 36-7-4-900 et seq.). 35
(2) Engineering Department. 36 (3) Fire Department. 37 a) Fire Pension Board (I.C., 36-8-7 [1937 Fund]; I.C., 36-8-8 [1977 Fund]). 38 (4) Department of Law to be known as the Office of Corporation Counsel. (pursuant to I.C., 36-4-9-12—39 City Attorney and attorney for Plan Commission, Board of Zoning Appeals). 40
(5) Police Department. 41 a) Police Pension Board. (I.C., 36-8-6 [1925 Fund]; I.C., 36-8-8 [1977 Fund]). 42 (6) Street Department. 43 (7) Public Water and Public Wastewater Utilities. (Ord. D-1193, 1-8-96) 44 (8) Department of Parks and Recreation. (I.C., 36-10-3-1 et seq.) (Ord. D-673, §1, 10-1-90) 45
(9) Department of Redevelopment. (Ord. D-720, § 1, 8-5-91). 46 (10) Finance Department. 47 (11) Department of Economic Development. 48 Ordinance D-2740-24 49 Page One of Fourteen 50
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(12) Marketing and Community Relations Department. 51 (13) Department of Human Resources. 52 (14) Information and Communication Systems Technology Department. 53 (15) Brookshire Golf Course. 54
55
(b) Pursuant to IC 36-4-9-6, The Mayor shall appoint the following who serve at her pleasure: 56 1. The chiefs of the Fire and Police Departments 57 2. and t The heads Directors of the Department of Finance who serves as the City Controller, the 58 Community Services (pursuant to I.C., 36-4-9-2), Engineering Department who serves as the City Civil 59
Engineer, the Department of Law who serves as the Corporation Counsel, , Office of the Controller, 60
and the Communications Center are appointed by the Mayor and serve at his pleasure. and; 61 3. The Directors of other departments established by City Council per IC 36-4-9-4. 62 63
§ 2-6 Reserved for Future Use The Controller 64
The Controller is the fiscal officer of the City and shall be the director of the Finance Department. He or 65 she shall perform the duties assigned by I.C., 36-4-10-5, and such other duties as the Common Council may, 66 by ordinance, require. 67
§ 2-6.1 Claim Payments in Advance of Council Allowance. 68
69
(a) The fiscal officer may submit claim payments in advance of Council approval for specific types of 70 expenses. The City's legislative body having jurisdiction over the approval shall review and act upon the 71 claim at its next regular or special meeting following the preapproved payment. 72 (1) Property or services purchased or leased from the United States government, its agencies, or its 73 political subdivisions. 74 (2) License or permit fees. 75 (3) Insurance premiums. 76 (4) Utility payments, utility connection charges, internet and mobile phone charges, and fuel 77
charges for City vehicles. 78 (5) General grant programs where advance funding is not prohibited and the contracting party 79
posts sufficient security to cover the amount advanced. 80 (6) Grants of state funds authorized by statute. 81 (7) Maintenance agreements, service agreements or lease payments. 82
(8) Bond or coupon payments. 83
(9) Payroll. 84 (10) Federal, state or county taxes. 85 (11) Expenses that must be paid because of emergency circumstances. 86 (12) A product or service for which the City legislative body had accepted a bid. 87 (13) Petty Cash Funds as established pursuant to City Code § 2-114. 88 (14) Legal settlements which have been approved by the Corporation Counsel and are within the 89 Corporation Counsel's settlement authority pursuant to City Code § 2-9.1. 90
(15) Payments for special land acquisition projects as directed in advance by resolution of the 91 City’s legislative body. 92
(16) Payments made pursuant to City Code § 2-61(b), (c), (d) and other reimbursements 93 permitted by the City Code. 94
(17) Refunds to City of Carmel customers. 95 96 Ordinance D-2740-24 97 Page Two of Fourteen 98
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(18) Wire transfers for land purchases, payroll, health insurance, and debt service, all of which 99 have been budgeted and/or approved by the legislative body. 100
(b) Each payment of expenses under this section must be supported by a fully itemized claim. 101
§ 2-6.2 Capital Asset Policy. 102
103 (a) Definition of Capital Assets. 104
(1) Capital Assets are assets that are used in operations and have an initial useful life in excess of 105 one year. The term includes both tangible assets (land, construction in progress, buildings, building 106 improvements, vehicles, machinery, equipment, works of art, historical treasures, infrastructure) and 107 intangible assets (easements, software, water rights). Assets acquired for the purpose of sale or 108 investment do not qualify as capital assets, regardless of their form, because they are not used in 109 operations. 110
(2) The City has a minimum capitalization threshold of $5,000. The capitalization threshold is 111 applied to individual items in a group of items, rather than to the group as a whole, unless the effect of 112 doing so would be to eliminate a significant portion of total capital assets. Assets that are not capitalized 113 (items less than $5,000 and greater than $1,000) are expensed in the year of acquisition. An inventory is 114 kept of all assets greater than $1,000. 115
(b) Major Capital Asset Classes and. In order to ensure that governmental entities have an 116 accurate, complete, and current record of capital assets, it is important that asset categories are 117 appropriately determined. This section further clarifies the asset definition by major category. 118
(1) Land. Land is defined as specified land, lots, parcels or acreage including rights of way owned by 119 the City of Carmel, its various departments, boards or commissions, regardless of the method or date of 120 acquisition. Easements are not included, as the City does not own them, but as an interest in land owned 121 by another (i.e. property owner) that entitles its holder to a specified limited use. The City Utility, 122 however, does capitalize easements. 123
(2) Buildings. 124
a) Buildings are defined as permanent (non-moveable) structures. Any structures designed and 125 erected to house equipment services or functions are included. This includes systems, services, and 126 fixtures within the buildings, as well as attachments such as porches, stairs, fire escapes, canopies, 127 areaways, lighting fixtures, flagpoles, sound equipment, security cameras, lifts and riggings, curtains and 128 staging and all other such units that serve the building. 129
b) Plumbing systems, lighting systems, sound systems, surveillance systems, passenger and 130 freight elevators, escalators, built-in casework, walk-in coolers and freezers, fixed shelving and other 131 fixed equipment are included as part of the building if it is owned. Communications antennas and/or 132 towers are not included because they are treated as part of the equipment unit. 133
(3) Improvements Other Than Buildings. Improvements other than buildings have a limited useful 134 life. Examples of the Civil City assets in this category are parking areas, drives, fencing, pools, fountains, 135 underground sprinkler systems, decorative street lighting and other similar items. Examples of the City 136 Utilities assets are water supply mains, collection sewers, wells, fences, intake pipes, manholes, and fire 137 hydrants. 138
139
140 Ordinance D-2740-24 141 Page Three of Fourteen 142
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
143
(4) Furnishings and Equipment. The furnishings and equipment asset class is used to account for 144 moveable items. Included within this category are office equipment, office furniture, appliances, 145 furnishings, machinery items, maintenance equipment, communication equipment, police, fire, laboratory 146 equipment, vehicles, road equipment, aircraft, emergency equipment, earth moving equipment, text 147 equipment, civil defense equipment, law enforcement equipment, and data processing equipment. Supplies 148 are excluded. 149
(5) Infrastructure. Infrastructure assets are long-lived capital assets that normally are stationary in 150 nature and can be preserved for a significantly greater number of years than most capital assets and that 151 are normally stationary in nature. Examples include roads, streetlights, traffic signals, drainage systems, 152 and water lines. Infrastructure assets do not include buildings, drives, parking lots or any other examples 153 given above that are incidental to property or access to the property described above. 154
(6) Construction in Progress. Construction, or development, in progress is a special class of 155 capital assets that are still in the process of construction (tangible) or development (intangible). 156 Depreciation does not begin until the capital assets are substantially ready to be placed in service. 157
(7) Other Capital Assets. This is a separate category for capital assets that do not fit into any of 158 the major asset classes listed above. 159
(c) Threshold Levels for Capital Assets. The following schedule will be used for capitalization and 160 depreciation of the City's capital assets. Amounts are based on governmental entities with revenues 161 exceeding $100 million. 162 163
164 Capitalize/Depreciate
Capitalize/Depreciate
Land Capitalize only
Land Improvements $50,000
Buildings $100,000
Building Improvements $100,000
Construction in Progress Capitalize only
Machinery and Equipment $5,000
Vehicles $5,000
City Utility Assets $5,000
Computer Software $5,000
Infrastructure $3,000,000
165
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167 Ordinance D-2740-24 168 Page Four of Fourteen 169
170
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(d) Valuation of Capital Assets. 171
(1) Capital assets should be recorded at historical cost and should include the cost of freight, site 172 preparation, architect and engineering fees and other costs as applicable. If a method other than cash is 173 used to pay for the asset, then the fair-market value of the non-cash payment or consideration determines 174 the asset's cost or acquisition value. When the value of the consideration paid cannot be determined, the 175 asset's fair market value determines its cost. 176
(2) With a few exceptions, an asset's cost should also include necessary costs incurred to place the 177 asset in service. Costs include the invoice price plus incidental costs (insurance during transit, freight, 178
capitalized interest, duties, title search, registration fees and installation costs). Exceptions to the rule 179 include interest expenses associated with deferred payments and real estate taxes paid, if any, in the 180 acquisition of property. 181
(e) Depreciation Method and Salvage Value. 182
(1) Depreciation is the process of allocating the cost of tangible property over a period of time, 183 rather than deducting the cost as an expense in the year of acquisition. Generally, at the end of the asset's 184
life, the sum of the amounts charged for depreciation in each accounting period (accumulated 185 depreciation) will equal original cost less salvage value. The City depreciates its capital assets by using 186
the Straight-Line Method. Under this method, the basis of the asset is written off evenly over the useful 187 life of the asset. The same amount of the depreciation is taken each year. Depreciation is calculated at the 188
end of each fiscal year. 189
(2) The salvage value of an asset is the value it is expected to have when it is no longer useful for its 190 intended purpose. In other words, the salvage value is the amount for which the asset could be sold at the 191 end of its useful life. The City determines salvage value on an asset-by-asset basis. 192
(f) Estimated Useful Lives of City Assets. The following assets accounted for under the Capital 193 Asset Policy will be depreciated using the straight-line method of depreciation. A gain or loss on 194 disposal will be reported. The most common useful lives are as follows: 195
(1) City Civil. 196
a) Vehicles - 5 years. 197 b) Police Vehicles - 4 years. 198 c) Office Equipment - 5 years. 199 d) Office Furniture - 20 years. 200
e) Heavy Equipment - 10 years. 201
f) Fire Trucks - 15 years. 202 g) Ambulances - 10 years. 203 h) Buildings - 50 years. 204 i) Building Components (HVAC systems, roofing) - 20 years. 205
j) Leasehold Improvements - useful life of asset or lease term (whichever is shorter). 206
k) Land Improvements - structure (parking lots, athletic courts, swimming pools) - 20 years. 207 l) Land Improvements - groundwork (golf course, athletic fields, landscaping, fencing) - 20 208 years. 209 m) Outdoor Equipment - (playground equipment, radio towers) - 15 years. 210 n) Grounds Equipment - (mowers, tractors, attachments) - 15 years. 211 o) Computer Software - 5 years. 212
p) Security Cameras -10 years. 213
q) Stage Lighting - 5 years. 214 215 Ordinance D-2740-24 216 Page Five of Fourteen 217
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
218 r) Mobile Stage Trailer - 10 years. 219 s) Rigging and Lifts - 10 years. 220 t) Sound Equipment for Palladium - 10 years. 221
(2) City Utility - Water. 222 a) Buildings and Improvements - 50 years. 223 b) Transmission and Distribution Mains - 50 to 75 years. 224
c) Meters/Meter Installation - 25 to 30 years. 225
d) Pumping Equipment - 50 years. 226 e) Water Treatment Equipment - 50 years. 227 f) Elevated Storage - 75 years. 228 g) Office Equipment - 5 years. 229
h) Machinery - 5 to 40 years. 230
i) Hydrants - 50 to 75 years. 231 j) Well Equipment - 15 to 20 years. 232 k) Wells - 50 to 100 years. 233 l) Communications Equipment - 10 years. 234
m) GPS - 100 years. 235
n) Clearwell - 100 years. 236
(3) City Utility - Sewer. 237
a) Buildings and Improvements - 50 years. 238
b) Sewer Lines - 50 years. 239
c) Lift Station - 50 years. 240 d) Treatment Plant Equipment - 10 years. 241 e) Office Equipment - 5 years. 242 f) Machinery – 6 to 20 years. 243
g) Vehicles - 5 years. 244
h) HVAC Systems - 25 years. 245 i) GPS - 100 years. 246 j) Computer Software - 5 years. 247 (4) Infrastructure. The following is the list of networks and their useful lives: 248
a) Roads/Streets Network. 249
Subsystems: Types of Roads/Streets, Curbs, and Sidewalks - 45 years. 250 b) Traffic Components Network. 251 Subsystems: Traffic Signals -35 years. 252 Street lights - 25 years. 253
c) Drainage Systems Network - 50 years. 254
(g) Capital Leases. 255 (1) Leased equipment should be capitalized if the lease agreement meets any one of the 256 following criteria: 257 a) The lease transfers ownership of the property to the lessee by the end of the lease term. 258
b) The lease contains a bargain purchase option. 259 c) The lease term is equal to 75% of the estimated economic life of the leased property (and the 260 lease is non-cancellable during that time). 261 d) The present value of the minimum lease payments at the inception of the lease (excluding 262 executory costs) equals at least 90% of the fair-value of the leased property. 263 264 Ordinance D-2740-24 265 Page Six of Fourteen 266
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
267 (2) Leases that do not meet any of the above criteria are considered operating leases. 268 (h) Assets Not Capitalized. 269 (1) Assets less than $5,000 are expensed in the year of acquisition. Assets greater than $1,000 are 270 recorded in the General Ledger. 271
(2) Exceptions are: 272 a) Items costing less than the above limits which are permanently installed as a part of the cost of 273
original construction or installation of a larger building or equipment unit will be included in the cost of 274 the larger unit; and 275
b) Modular equipment added subsequent to original equipment construction of a larger building or 276 equipment unit which may be put together to form larger units costing more than the prescribed limits will 277 be charged to capital assets even though the cost of individual items is less than such units; and 278 c) Cabinets, shelving, bookcases, and similar items, added subsequent to original construction, 279 which are custom made for a specific place and adaptable elsewhere, will be capitalized. 280
(i) Capital Assets Purchased With Grant Funds. When Federal Grant Funds are used to purchase 281
capital assets, compliance with the applicable Subparts of Part 200 - Uniform Administrative 282 Requirements, Cost Principles, and Audit Requirements for Federal Awards in the Code of Federal 283 Regulations is required. All grant types typically have requirements specified in the Grant Award Letter 284 with which the City must comply. 285
(j) Asset Acquisition, Transfer and Disposal. City assets may be acquired or disposed of using 286 various methods, as described in supplemental City documentation and forms. The following 287
procedure must be observed for all acquisitions, transfers and disposals of assets: complete the 288 requisite forms, obtain the signature of the Department Director and forward the completed 289
documentation to the Fiscal Office for recording purposes. 290
(k) Reporting of Fraud. Any city employee who suspects the misappropriation of capital assets 291 should follow the applicable requirements outlined in Ordinance No. D-2286-16. This Ordinance 292 establishes a policy on materiality and the process for reporting material variances. 293
294
§ 2-6.3 Advance Payments for Goods and Services. 295
(a) Advance payments for goods or services before the goods are delivered or services are 296 completed are hereby authorized. 297 (b) Advance payments for goods and services may not exceed the lesser of the following: 298 (1) Fifty percent of the entire cost of the contract. 299 (2) $2,000,000. 300
(c) The City’s fiscal officer or the fiscal officer's designee must do all of the following when advance 301 payments are made: 302 (1) Track prepayments by defining the prepayment on a purchase order. 303
(2) Create a prepayment invoice that is associated with the purchase order. 304 (3) Require insurance or a surety bond in the amount of the prepayment if the amount of the 305 prepayment is more than $150,000. 306 307 308 309
310
311 Ordinance D-2740-24 312 Page Seven of Fourteen 313 314
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
Division III. Fiscal Branch. Clerk 315
§ 2-10 The Controller. 316
The Controller is the fiscal officer of the City. He shall perform the duties assigned by I.C., 36-4-317
10-5, and such other duties as the Common Council may, by ordinance, require. 318 § 2-12 Claim Payments in Advance of Council Allowance. 319
320
(c) The fiscal officer may submit claim payments in advance of Council approval for specific types of 321 expenses. The City's legislative body having jurisdiction over the approval shall review and act upon the 322 claim at its next regular or special meeting following the preapproved payment. 323 (1) Property or services purchased or leased from the United States government, its agencies, or its 324 political subdivisions. 325 (2) License or permit fees. 326 (3) Insurance premiums. 327 (4) Utility payments, utility connection charges, internet and mobile phone charges, and fuel 328 charges for City vehicles. 329 (5) General grant programs where advance funding is not prohibited and the contracting party 330 posts sufficient security to cover the amount advanced. 331 (6) Grants of state funds authorized by statute. 332
(7) Maintenance agreements, service- agreements or lease payments. 333
(8) Bond or coupon payments. 334 (9) Payroll. 335 (10) Federal, state or county taxes. 336 (11) Expenses that must be paid because of emergency circumstances. 337
(12) A product or service for which the City legislative body had accepted a bid. 338
(13) Petty Cash Funds as established pursuant to City Code § 2-114. 339 (14) Legal settlements which have been approved by the City Attorney and are within the City 340 Attorney's settlement authority pursuant to City Code § 2-9.1. 341 (15) Payments for special land acquisition projects as directed in advance by resolution of the 342 City legislative body. 343 (16) Payments made pursuant to City Code § 2-61(b), (c), (d) and other reimbursements 344 permitted by the City Code. 345 (17) Refunds to City of Carmel customers. 346 (18) Wire transfers for land purchases, payroll, health insurance, and debt service, all of which 347 have been budgeted and/or approved by the legislative body. 348 349 (d) Each payment of expenses under this section must be supported by a fully itemized claim. 350 (`91 Code, § 2-12) (Ord. D-1063, 3-7-94; Ord. D-1183, 10-16-95; Ord. D-1370-98, 6-15-98; Ord. D- 351 1899-08, As Amended, passed 8-4-08; Ord. D-2067-11, 11-7-11) 352
§ 2-13 Capital Asset Policy. 353
354 (l) Definition of Capital Assets. 355
(1) Capital Assets are assets that are used in operations and have an initial useful life in excess of 356 one year. The term includes both tangible assets (land, construction in progress, buildings, building 357 improvements, vehicles, machinery, equipment, works of art, historical treasures, infrastructure) and 358 intangible assets (easements, software, water rights). Assets acquired for the purpose of sale or 359 investment do not qualify as capital assets, regardless of their form, because they are not used in 360 operations. 361 Ordinance D-2740-24 362
Page Eight of Fourteen 363
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(2) The City has a minimum capitalization threshold of $5,000. The capitalization threshold is 364 applied to individual items in a group of items, rather than to the group as a whole, unless the effect of 365 doing so would be to eliminate a significant portion of total capital assets. Assets that are not capitalized 366 (items less than $5,000 and greater than $1,000) are expensed in the year of acquisition. An inventory is 367 kept of all assets greater than $1,000. 368
(m) Major Capital Asset Classes and. In order to ensure that governmental entities have an 369 accurate, complete, and current record of capital assets, it is important that asset categories are 370 appropriately determined. This section further clarifies the asset definition by major category. 371
(1) Land. Land is defined as specified land, lots, parcels or acreage including rights of way owned by 372 the City of Carmel, its various departments, boards or commissions, regardless of the method or date of 373 acquisition. Easements are not included, as the City does not own them, but as an interest in land owned 374 by another (i.e. property owner) that entitles its holder to a specified limited use. The City Utility, 375 however, does capitalize easements. 376
(2) Buildings. 377
a) Buildings are defined as permanent (non-moveable) structures. Any structures designed and 378 erected to house equipment services or functions are included. This includes systems, services, and 379 fixtures within the buildings, as well as attachments such as porches, stairs, fire escapes, canopies, 380 areaways, lighting fixtures, flagpoles, sound equipment, security cameras, lifts and riggings, curtains and 381 staging and all other such units that serve the building. 382
b) Plumbing systems, lighting systems, sound systems, surveillance systems, passenger and 383 freight elevators, escalators, built-in casework, walk-in coolers and freezers, fixed shelving and other 384 fixed equipment are included as part of the building if it is owned. Communications antennas and/or 385 towers are not included because they are treated as part of the equipment unit. 386
(3) Improvements Other Than Buildings. Improvements other than buildings have a limited useful 387 life. Examples of the Civil City assets in this category are parking areas, drives, fencing, pools, fountains, 388 underground sprinkler systems, decorative street lighting and other similar items. Examples of the City 389 Utilities assets are water supply mains, collection sewers, wells, fences, intake pipes, manholes, and fire 390 hydrants. 391
(4) Furnishings and Equipment. The furnishings and equipment asset class is used to account for 392 moveable items. Included within this category are office equipment, office furniture, appliances, 393 furnishings, machinery items, maintenance equipment, communication equipment, police, fire, laboratory 394 equipment, vehicles, road equipment, aircraft, emergency equipment, earth moving equipment, text 395 equipment, civil defense equipment, law enforcement equipment, and data processing equipment. Supplies 396 are excluded. 397
(5) Infrastructure. Infrastructure assets are long-lived capital assets that normally are stationary in 398
nature and can be preserved for a significantly greater number of years than most capital assets and that 399 are normally stationary in nature. Examples include roads, streetlights, traffic signals, drainage systems, 400 and water lines. Infrastructure assets do not include buildings, drives, parking lots or any other examples 401 given above that are incidental to property or access to the property described above. 402
(6) Construction in Progress. Construction, or development, in progress is a special class of 403 capital assets that are still in the process of construction (tangible) or development (intangible). 404 Depreciation does not begin until the capital assets are substantially ready to be placed in service. 405
406 Ordinance D-2740-24 407 Page Nine of Fourteen 408
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(7) Other Capital Assets. This is a separate category for capital assets that do not fit into any of the 409 major asset classes listed above. 410
(n) Threshold Levels for Capital Assets. The following schedule will be used for capitalization and 411 depreciation of the City's capital assets. Amounts are based on governmental entities with revenues 412 exceeding $100 million. 413 414
415 Capitalize/Depreciate
Capitalize/Depreciate
Land Capitalize only
Land Improvements $50,000
Buildings $100,000
Building Improvements $100,000
Construction in Progress Capitalize only
Machinery and Equipment $5,000
Vehicles $5,000
City Utility Assets $5,000
Computer Software $5,000
Infrastructure $3,000,000
416 (o) Valuation of Capital Assets. 417
(1) Capital assets should be recorded at historical cost and should include the cost of freight, site 418 preparation, architect and engineering fees and other costs as applicable. If a method other than cash is 419 used to pay for the asset, then the fair-market value of the non-cash payment or consideration determines 420 the asset's cost or acquisition value. When the value of the consideration paid cannot be determined, the 421 asset's fair market value determines its cost. 422
(2) With a few exceptions, an asset's cost should also include necessary costs incurred to place the 423 asset in service. Costs include the invoice price plus incidental costs (insurance during transit, freight, 424 capitalized interest, duties, title search, registration fees and installation costs). Exceptions to the rule 425 include interest expenses associated with deferred payments and real estate taxes paid, if any, in the 426 acquisition of property. 427
(p) Depreciation Method and Salvage Value. 428
(1) Depreciation is the process of allocating the cost of tangible property over a period of time, 429 rather than deducting the cost as an expense in the year of acquisition. Generally, at the end of the asset's 430 life, the sum of the amounts charged for depreciation in each accounting period (accumulated 431 depreciation) will equal original cost less salvage value. The City depreciates its capital assets by using 432 the Straight-line Method. Under this method, the basis of the asset is written off evenly over the useful 433 life of the asset. The same amount of the depreciation is taken each year. Depreciation is calculated at the 434 end of each fiscal year. 435
436
Ordinance D-2740-24 437 Page Ten of Fourteen 438
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(2) The salvage value of an asset is the value it is expected to have when it is no longer useful for its 439 intended purpose. In other words, the salvage value is the amount for which the asset could be sold at the 440 end of its useful life. The City determines salvage value on an asset-by-asset basis. 441
(q) Estimated Useful Lives of City Assets. The following assets accounted for under the Capital 442 Asset Policy will be depreciated using the straight-line method of depreciation. A gain or loss on 443 disposal will be reported. The most common useful lives are as follows: 444
(1) City Civil. 445 a) Vehicles - 5 years. 446 b) Police Vehicles - 4 years. 447 c) Office Equipment - 5 years. 448
d) Office Furniture - 20 years. 449
e) Heavy Equipment - 10 years. 450 f) Fire Trucks - 15 years. 451 g) Ambulances - 10 years. 452 h) Buildings - 50 years. 453
i) Building Components (HVAC systems, roofing) - 20 years. 454
j) Leasehold Improvements - useful life of asset or lease term (whichever is shorter). 455 k) Land Improvements - structure (parking lots, athletic courts, swimming pools) - 20 years. 456 • Land Improvements - groundwork (golf course, athletic fields, landscaping, fencing) - 20 457 years. 458 l) Outdoor Equipment - (playground equipment, radio towers) - 15 years. 459 m) Grounds Equipment - (mowers, tractors, attachments) - 15 years. 460
n) Computer Software - 5 years. 461
o) Security Cameras -10 years. 462 p) Stage Lighting - 5 years. 463 q) Mobile Stage Trailer - 10 years. 464 r) Rigging and Lifts - 10 years. 465
s) Sound Equipment for Palladium - 10 years. 466
(2) City Utility - 467 Water. 468 a) Buildings and Improvements - 50 years. 469 b) Transmission and Distribution Mains - 50 to 75 years. 470
c) Meters/Meter Installation - 25 to 30 years. 471
d) Pumping Equipment - 50 years. 472 e) Water Treatment Equipment - 50 years. 473 f) Elevated Storage - 75 years. 474 g) Office Equipment - 5 years. 475
h) Machinery - 5 to 40 years. 476
i) Hydrants - 50 to 75 years. 477 j) Well Equipment - 15 to 20 years. 478 k) Wells - 50 to 100 years. 479 l) Communications Equipment - 10 years. 480
m) GPS - 100 years. 481
n) Clearwell - 100 years. 482 (3) City Utility - 483 Sewer. 484 a) Buildings and Improvements - 50 years. 485
b) Sewer Lines - 50 years. 486
Ordinance D-2740-24 487 Page Eleven of Fourteen 488
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
c) Lift Station - 50 years. 489 d) Treatment Plant Equipment - 10 years. 490 e) Office Equipment - 5 years. 491 f) Machinery - 6-20 years. 492
g) Vehicles - 5 years. 493
h) HVAC Systems - 25 years. 494 i) GPS - 100 years. 495 j) Computer Software - 5 years. 496 (4) Infrastructure. The following is the list of networks and their useful lives: 497
a) Roads/Streets Network. 498
Subsystems: Types of Roads/Streets, Curbs, and Sidewalks - 45 years. 499 b) Traffic Components Network. 500 Subsystems: Traffic Signals -35 501 years. Street lights - 25 years. 502
c) Drainage Systems Network - 50 years. 503
(r) Capital Leases. 504 (1) Leased equipment should be capitalized if the lease agreement meets any one of the 505 following criteria: 506 a) The lease transfers ownership of the property to the lessee by the end of the lease term. 507
b) The lease contains a bargain purchase option. 508
c) The lease term is equal to 75% of the estimated economic life of the leased property (and the 509 lease is non-cancellable during that time). 510 d) The present value of the minimum lease payments at the inception of the lease (excluding 511 executory costs) equals at least 90% of the fair-value of the leased property. 512
(2) Leases that do not meet any of the above criteria are considered operating leases. 513
(s) Assets not Capitalized. 514 (1) Assets less than $5,000 are expensed in the year of acquisition. Assets greater than $1,000 are 515 recorded in the General Ledger. 516 (2) Exceptions are: 517 a) Items costing less than the above limits which are permanently installed as a part of the cost of 518 original construction or installation of a larger building or equipment unit will be included in the cost 519 of the larger unit; 520 b) Modular equipment added subsequent to original equipment construction of a larger building or 521 equipment unit which may be put together to form larger units costing more than the prescribed limits will 522 be charged to capital assets even though the cost of individual items is less than such units; and 523
c) Cabinets, shelving, bookcases, and similar items, added subsequent to original construction, 524 which are custom made for a specific place and adaptable elsewhere, will be capitalized. 525
(t) Capital Assets Purchased with Grant Funds. When Federal Grant Funds are used to purchase capital 526 assets, compliance with the applicable Subparts of Part 200 - Uniform Administrative Requirements, Cost 527 Principles, and Audit Requirements for Federal Awards in the Code of Federal Regulations is required. 528 All grant types typically have requirements specified in the Grant Award Letter with which the City must 529 comply. 530
(u) Asset Acquisition, Transfer and Disposal. City assets may be acquired or disposed of using 531 various methods, as described in supplemental City documentation and forms. The following 532 procedure must be observed for all acquisitions, transfers and disposals of assets: complete the 533 requisite forms, obtain the signature of the Department Director and forward the completed 534 documentation to the Fiscal Office for recording purposes. 535 Ordinance D-2740-24 536
Page Twelve of Fourteen 537
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(v) Reporting of Fraud. Any city employee who suspects the misappropriation of capital assets 538 should follow the applicable requirements outlined in Ordinance No. D-2286-16. This Ordinance 539 establishes a policy on materiality and the process for reporting material variances. 540
(Ord. D-1680-04, 3-1-04; Ord. D- 2067-11, 11-7-11; Ord. 2191-14, As Amended, 11-3-14; Ord. D-2451- 541 18, § 2, 2-4-18) 542
§ 2-14 Advance Payments for Goods and Services. 543
544 (d) Advance payments for goods or services before the goods are delivered or services are 545
completed are hereby authorized. 546
(e) Advance payments for goods and services may not exceed the lesser of the following: 547 (1) Fifty percent of the entire cost of the contract. 548 (2) Two million dollars. 549 (f) The City’s fiscal officer or the fiscal officer's designee must do all of the following when advance 550
payments are made: 551
(1) Track prepayments by defining the prepayment on a purchase order. 552 (2) Create a prepayment invoice that is associated with the purchase order. 553 (3) Require insurance or a surety bond in the amount of the prepayment if the amount of the 554 prepayment is more than $150,000. 555
556
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 557 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 558 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 559 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 560
effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 561
imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 562 563 Section 4. If any portion of this Ordinance is for any reason declared to be invalid by a court of 564 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 565
so long as enforcement of same can be given the same effect. 566
567 Section 5. The remaining portions of Carmel City Code Sections 2-3, 2-6, 2-10, 2-11, 2-12, 2-13 568 and 2-14 are not affected by this Ordinance upon its passage. 569 570
Section 6. This Ordinance shall be in full force and effect from and after the date of its passage 571 and signing by the Mayor and such publication as required by law. 572 573 574
575 576 577 578 579
580 581 582 Ordinance D-2740-24 583 Page Thirteen of Fourteen 584
585 586
SPONSOR(S): Councilor(s) Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
587 588 PASSED by the Common Council of the City of Carmel, Indiana, this day of ________, 589 2024, by a vote of _____ ayes and _____ nays. 590
591 COMMON COUNCIL FOR THE CITY OF CARMEL 592 593 594 Anthony Green, President Adam Aasen, Vice-President 595
596
597 Rich Taylor Matt Snyder 598 599 ______________________________ 600
Jeff Worrell Teresa Ayers 601
602 603 Shannon Minnaar Ryan Locke 604 605
______________________________ 606
Anita Joshi 607 608 ATTEST: 609 610
______________________________ 611
Jacob Quinn, Clerk 612 613 Presented by me to the Mayor of the City of Carmel, Indiana this day of 614 615
_________________________ 2024, at _______ __.M. 616
617 618 619 Jacob Quinn, Clerk 620
621
Approved by me, Mayor of the City of Carmel, Indiana, this day of 622 623 ________________________ 2024, at _______ __.M. 624 625
626
627 Sue Finkam, Mayor 628 ATTEST: 629
630
631 632 Jacob Quinn, Clerk 633 634
Ordinance D-2740-24 635
Page Fourteen of Fourteen 636
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
ORDINANCE NO. D-2741-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3
AMENDING CHAPTER 2, ARTICLE 6, SECTIONS 2-301, 2-302 AND 2-303, 4 OF THE CARMEL CITY CODE. 5 6 Synopsis: Ordinance amending budget procedures of the City of Carmel. 7 8 WHEREAS, the City of Carmel (“City”), pursuant to Indiana Code § 36-4-7-6, is required to formulate 9
a budget estimate for the ensuing year; and 10
11 WHEREAS, the City has previously established budget procedures, such being codified, in part, under 12 Carmel City Code §§ 2-301, 2-302, and 2-303; and 13 14
WHEREAS, the Common Council of the City now finds that in the interests of fiscal responsibility 15
this procedure should be amended. 16 17 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, Indiana, 18 as follows: 19
20
Section 1. The foregoing Recitals are fully incorporated herein by this reference. 21 22 Section 2. The following subsections of Carmel City Code Sections 2-301, 2-302, and 2-303 are hereby 23 amended, and shall read as follows: 24
Ҥ 2-301 Transfer of Funds. 25
26 (a) Common Council Approved Transfers. The Common Council may transfer money from one 27 major budget classification to another within a City department or office of an elected official component 28 of government and may transfer appropriated funds between line items within major budget 29 classifications within a City department of office of an elected official when the transfer between line 30 items would cause the Maximum Approved Transfer Amount (as defined in subsection (b)(1)) to be 31 exceeded and if: 32
(1) It determines that the transfer is necessary; 33
(2) The transfer does not require the expenditure of more money than the total amount set out in the 34 budget as finally determined pursuant to I.C., 6-1.1 et seq.; 35
(3) The transfer is made at a regular public meeting and by proper resolution; and 36
(4) The transfer is certified to the county auditor when the transfer is between major budget 37 classifications. 38
(b) Department Controller Approved Transfers. 39
(1) The Controller may transfer appropriated funds between line items within a major budget 40 classification for all City departments, the Office of the Mayor, the Clerk, and the City Judge may 41 transfer appropriated funds between line items within major budget classifications without the approval 42 of the Common Council (“Department Controller Approved Transfers”), provided, however, that such 43 transfers may not exceed the Maximum Approved Transfer Amount. The term “Maximum Approved 44 Ordinance D-2741-24 45 Page One of Four Pages 46
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
47
Transfer Amount” shall mean no more than $25,000 per occurrence and no more than $50,000 per 48 receiving line item, per calendar year, except that no Maximum Approved Transfer Amount shall apply 49 to personnel costs and expenses. 50
(2) Department Controller Approved Transfers may be made without notice and without the approval 51 of the State Board of Tax Commissioners. 52
(3) The Controller shall report any single transfer of $50,000 or more to the Common Council at 53
the end of each month. 54
(3)Written notice of Department Approved Transfers shall be provided to the Office of the 55 Controller. 56
(c)Emergencies. When there exists, under emergency conditions, a threat to public health, welfare, 57 or safety, the Maximum Approved Transfer Amount may be exceeded and ratified at the next 58 meeting of the Common Council following the emergency. 59
60
§ 2-302 Chart of Accounts and Budget Forms. 61 (a) The Controller shall adopt a Chart of Accounts in compliance with the State Board of Accounts and 62 Department of Local Government Finance and shall submit a copy of any changes at least annually to 63 the Common Council. Common Council has adopted a Chart of Accounts, budget forms and report 64 (Exhibits A, B, C, D, and E, attached to Ordinance D-1005). The Council requires all departments, 65 Carmel/Clay Board of Parks and Recreation, and all elected officials to shall use the Chart of Accounts 66 and budget forms as adopted in the preparation of budget estimates. The budget and any forms shall be 67 formulated in accordance with IC 36-4-7- The Council authorizes the Controller to administer the Chart of 68
Accounts as he finds it necessary in order to assure continuity and consistency of the budget process among 69 all departments and elected officials. The Council further declares that the Chart of Accounts or budget 70
forms may not be changed or altered. Nonposting accounts as stated in the Chart of Accounts shall not be 71 used by any department or elected official in the preparation of the budget but shall abide by the point 72
system and budget category line items as established in the Chart of Accounts. 73 74 (b) The Controller shall adopt budget forms to be used in the preparation of the budget. All departments, 75
Carmel/Clay Board of Parks and Recreation and all elected officials shall use the Chart of Accounts and 76 budget forms as adopted in the preparation of budget estimates. The budget and any forms shall be 77 formulated in accordance with IC 36-4-7. Any and all additions or alterations of the Chart of Accounts, budget 78 forms and report must be petitioned by ordinance through the Council and must receive a favorable 79
recommendation from the fiscal officer. 80 81 (c) The Utility Department is exempt from the provisions of this section.” 82 83
§ 2-303 Encumbrances. 84
85 (a) Written contractual obligations. Components of government may only encumber funds 86 with a written contractual obligation from one budget year to the next with approval of the 87 Controller, with the exception of the below limited exceptions. 88 89
Ordinance D-2741-24 90
Page Two of Four Pages 91 92 93
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
(b) Absence of written contractual obligations. All City departments, the office of the Mayor, 94 Clerk, Common Council, and City Judge may encumber funds in the absence of a written 95 contractual obligation from one budget year to a subsequent budget year, only in conformance with 96 this section. 97 98 (b)(1) In the event that a department seeks to carry forward such an encumbrance to a subsequent 99 budget year, that department must submit a request to the Controller justifying the encumbrance. 100 The Controller shall provide a summary memorandum to the Common Council, prior to the adoption 101 of the City budget by the Common Council final Common Council meeting of the year, listing any 102 such encumbrance. 103 104
(2)The Ffailure to provide such a memorandum will result in the automatic cancellation of such 105 encumbrance and the automatic return of the encumbered funds to their originating fund on the first 106 day of the following subsequent budget year; 107
(3)The only exception will be invoices which remain in "dispute" or "inquiry" status, or invoices 108 received after the last annual Council meeting; and, 109
(4)Any encumbrances specified in such a memorandum shall, subject to any modifications or 110 conditions adopted by the Common Council through a resolution, automatically be renewed in the 111 subsequent budget year. 112
(c) All capital fund projects (Cum Cap Development, Cum Cap Improvement, and Cum Cap Sewer) as 113 well as Local Road and Street Fund projects that have been encumbered may not be used for any project 114 or purpose different than from that established by the original encumbrance, and such project or purpose 115 must proceed in the budget year in which the funds are encumbered. If it is deemed necessary to change 116 the scope of the encumbrance, a resolution must be presented to and approved by the Common Council. 117 This resolution shall list the detailed justification for the change request.” 118 119 Section 6. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 120
are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 121 repeal to have prospective effect only. However, the repeal or amendment by this Ordinance of any other 122 ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the 123 effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be 124 imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. 125
126
Section 7. If any portion of this Ordinance is for any reason declared to be invalid by a court of 127 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance 128 so long as enforcement of same can be given the same effect. 129 130
Section 8. The remaining portions of Carmel City Code Sections 2-301, 2-302, and 2-303 are not 131
affected by this Ordinance upon its passage. 132 133 Section 9. This Ordinance shall be in full force and effect from and after the date of its passage 134
and signing by the Mayor and such publication as required by law. 135
136 137 138
139 140 Ordinance D-2741-24 141 Page Three of Four Pages 142
SPONSOR(S): Councilors: Green and Aasen
This Ordinance was prepared by Samantha S. Karn, Corporation Counsel, on 9/19/2024 at 11:00 a.m. It may have been subsequently revised. No subsequent revision to this Ordinance has been reviewed by Ms. Karn for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this day of ________, 143 2024, by a vote of _____ ayes and _____ nays. 144 145 COMMON COUNCIL FOR THE CITY OF CARMEL 146
147
148 Anthony Green, President Adam Aasen, Vice-President 149 150 151
Rich Taylor Matt Snyder 152
153 ______________________________ 154 Jeff Worrell Teresa Ayers 155 156
157
Shannon Minnaar Ryan Locke 158 159 ______________________________ 160 Anita Joshi 161
162
ATTEST: 163 164 ______________________________ 165 Jacob Quinn, Clerk 166
167
Presented by me to the Mayor of the City of Carmel, Indiana this day of 168 _________________________ 2024, at _______ __.M. 169 170 171
Jacob Quinn, Clerk 172
173 Approved by me, Mayor of the City of Carmel, Indiana, this day of 174 ________________________ 2024, at _______ __.M. 175 176
177
178 Sue Finkam, Mayor 179 180 ATTEST: 181
182
183 184 Jacob Quinn, Clerk 185
186
187 188 189 190
Ordinance No. D-2741-24 191
Page Four of Four Pages 192
Sponsor: Councilor Taylor
ORDINANCE D-2744-24 1 2 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF 3
CARMEL, INDIANA, AUTHORIZING THE ISSUANCE OF GENERAL 4 OBLIGATION BONDS FOR THE PURPOSE OF PROVIDING FUNDS TO 5 REFINANCE CERTAIN CAPITAL EQUIPMENT LEASES AND 6 INCIDENTAL EXPENSES IN CONNECTION THEREWITH AND 7 ON ACCOUNT OF THE ISSUANCE AND SALE OF THE 2024 BONDS 8
AND APPROPRIATING THE PROCEEDS DERIVED FROM THE SALE 9 OF SUCH BONDS 10
Synopsis: 11 This ordinance authorizes the issuance of general obligation bonds of the City, to be payable 12 from ad valorem property taxes, for the purpose of refinancing certain outstanding capital 13
equipment leases in order to provide interest cost savings to the City and paying costs of 14
issuance of such bonds 15
WHEREAS, the City of Carmel, Indiana (the “City”) has previously entered into certain 16 master lease agreements or lease-purchase agreements, more particularly described in Exhibit A 17 hereto and made a part hereof (collectively, the “Prior Leases”) to provide financing to purchase 18
certain capital equipment used, or to be used, by one or more departments of the City, which 19
equipment is more particularly described in Exhibit A hereto (collectively, the “Equipment”); 20 and 21
WHEREAS, the Prior Leases are currently payable from the City’s General Fund or 22 Ambulance Fund; and 23
WHEREAS, due to favorable market conditions, the Common Council of the City (the 24
“Council”) now desires to authorize the refinancing of all or a portion of the Prior Leases in 25 order to (i) lower the interest costs associated with the Prior Leases and thereby provide a 26 savings to the City’s General Fund and Ambulance Fund, respectively, and (ii) change the source 27 of security to finance the cost of such Equipment (collectively, the “Refunding”); and 28
WHEREAS, the Common Council (the “Council”) hereby finds that it would be of 29
public utility and benefit and in the best interests of the City and its citizens to finance the costs 30 of the Refunding through the issuance of general obligation bonds of the City; and 31
WHEREAS, the Council deems it advisable to authorize the issuance, in one or more 32 series, of general obligation refunding bonds of the City pursuant to Indiana Code 5-1-5 and 33
Indiana Code 36-4-6-19, each as amended, designated as the “City of Carmel, Indiana, General 34
Obligation Refunding Bonds, Series 2024” (with such different or additional series designation 35 determined to be necessary or appropriate) (the “2024 Bonds”), in the original aggregate 36 principal amount not to exceed Nine Million Dollars ($9,000,000), for the purpose of providing 37 funds to be applied to pay the costs of the Refunding and the costs incurred in connection with 38
the issuance and sale of the 2024 Bonds and all incidental expenses therewith, including the cost 39
of any credit enhancement with respect thereto (if necessary); and 40
WHEREAS, the original principal amount of the 2024 Bonds, together with the 41 outstanding principal amount of previously issued bonds or other obligations which constitute a 42 debt of the City, is no more than two percent (2%) of one-third (1/3) of the total net assessed 43
2
valuation of the City; and 44
WHEREAS, the Council now finds that the Equipment subject to each of the Prior 45
Leases is considered an independently desirable end in itself without reference to another capital 46
project, and none of the Prior Leases has cost, or will cost, the City more than $6,350,000; and 47
WHEREAS, the amount of proceeds of the 2024 Bonds allocated to pay costs of the 48 Refunding and the costs of issuance of the 2024 Bonds, together with estimated investment 49 earnings thereon, does not exceed the amount needed for such purpose, as estimated by the 50
Council; and 51
WHEREAS, the Council now finds that the existing budget and tax levy did not 52 contemplate the costs of the Refunding or the issuance of the 2024 Bonds, and now desires to 53 authorize the issuance of the 2024 Bonds to procure such funds for such purpose and that a need 54 exists for the making of the additional appropriation hereinafter set out; and 55
WHEREAS, notice of a hearing on said appropriation has been duly given by 56
publication as required by law, and the hearing on said appropriation has been held, at which all 57 taxpayers and other interested persons had an opportunity to appear and express their views as to 58 such appropriation; and 59
WHEREAS, the Council now finds that all conditions precedent to the adoption of an 60
ordinance authorizing the issuance of the 2024 Bonds and an additional appropriation of the City 61
have been complied with in accordance with the Act. 62
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE 63 CITY OF CARMEL, INDIANA THAT: 64
SECTION 1. Authorization for the 2024 Bonds. In order to provide financing for the 65
Refunding and incidental expenses incurred in connection therewith and on account of the 66
issuance of the 2024 Bonds, the City shall borrow money and issue the 2024 Bonds as herein 67 authorized. 68
SECTION 2. General Terms of Bonds. In order to procure said loan for such purposes, 69 the CFO/Controller of the City (the “Controller”) is hereby authorized and directed to have 70
prepared and to issue and sell negotiable general obligation bonds of the City, in one or more 71
series, in an aggregate principal amount not to exceed Nine Million Dollars ($9,000,000) (the 72 “Authorized Amount”), to be designated “City of Carmel, Indiana, General Obligation 73 Refunding Bonds, Series 2024” (with an appropriate additional series designation, if needed) for 74 the purpose of providing financing for the Refunding and incidental expenses, such expenses to 75
include, without limitation, the costs of selling and issuing the 2024 Bonds. 76
The 2024 Bonds shall be signed in the name of the City by the manual or facsimile 77 signature of the Mayor of the City and attested by the manual or facsimile signature of the 78 Controller of the City, who shall affix the seal of the City, if any, to each of the 2024 Bonds 79 manually or shall have the seal imprinted or impressed thereon by facsimile or other means. In 80
case any officer whose signature or facsimile signature appears on the 2024 Bonds shall cease to 81
be such officer before the delivery of the 2024 Bonds, such signature shall nevertheless be valid 82 and sufficient for all purposes as if such officer had remained in office until delivery thereof. 83 The 2024 Bonds shall also be authenticated by the manual signature of the Registrar (as hereafter 84 defined). Subject to the provisions of this Ordinance regarding the registration of the 2024 85
3
Bonds, the 2024 Bonds shall be fully negotiable instruments under the laws of the State of 86 Indiana. 87
The 2024 Bonds are, as to all the principal thereof and interest due thereon, general 88
obligations of the City, payable from ad valorem property taxes on all taxable property within 89 the City. 90
The 2024 Bonds shall be issued in fully registered form in denominations of Five 91 Thousand Dollars ($5,000) or any integral multiple thereof (or such different denominations as 92
shall be acceptable to the Controller, upon the advice of bond counsel), shall be numbered 93
consecutively from 2024R-1 upward, and shall be originally dated as of their date of issuance. 94 The 2024 Bonds shall bear interest payable semiannually on January 15 and July 15 of each year 95 (each, an “Interest Payment Date”), or such other dates as determined by the Controller prior to 96 the sale of the 2024 Bonds, based on advice of the municipal advisor to the City, beginning no 97
earlier than January 15, 2025, at a rate or rates not exceeding six percent (6.00%) per annum (the 98
exact rate or rates to be determined by bidding or negotiation pursuant to Section 6 of this 99 Ordinance). Interest shall be calculated on the basis of a 360-day year comprised of twelve 100 30-day months. 101
The 2024 Bonds shall mature on the dates and shall be issued in the principal amounts, as 102
applicable, as determined by the Controller and Mayor, provided that the original aggregate 103
principal amount does not exceed the Authorized Amount, that the first maturity shall be no 104 earlier than January 15, 2025, and that the final maturity shall be no later than January 15, 2034. 105
All payments of interest on the 2024 Bonds shall be paid by check mailed one business 106 day prior to the Interest Payment Date to the registered owners thereof as of the fifteenth (15th) 107
day of the month preceding the month in which interest is payable at the addresses as they appear 108
on the registration books kept by the Registrar (the “Registration Record”) or at such other 109 address as is provided to the Paying Agent (as hereafter defined) in writing by such registered 110 owner. Each registered owner of $100,000 or more in principal amount of 2024 Bonds shall be 111 entitled to receive interest payments by wire transfer by providing written wire instructions to the 112
Paying Agent before the record date for any payment. All principal payments on the 2024 Bonds 113
shall be made upon surrender thereof at the principal office of the Paying Agent, in any coin or 114 currency of the United States of America which on the date of such payment shall be legal tender 115 for the payment of public and private debts, or in the case of a registered owner of $100,000 or 116 more in principal amount of 2024 Bonds, by wire transfer on the due date upon written direction 117
of such owner provided at least fifteen (15) days prior to the maturity date. 118
Interest on 2024 Bonds shall be payable from the Interest Payment Date to which interest 119 has been paid next preceding the authentication date thereof unless such 2024 Bonds are 120 authenticated after the date which is fifteen (15) days immediately prior to such Interest Payment 121 Date and on or before such Interest Payment Date in which case they shall bear interest from 122
such Interest Payment Date, or unless authenticated on or before the date which is fifteen (15) 123
days immediately prior to the first Interest Payment Date, in which case they shall bear interest 124 from the original date, until the principal shall be fully paid. 125
Each Bond shall be transferable or exchangeable only upon the Registration Record by 126 the registered owner thereof in person, or by his attorney duly authorized in writing, upon 127
surrender of such Bond together with a written instrument of transfer or exchange satisfactory to 128
the Registrar duly executed by the registered owner or his attorney duly authorized in writing, 129 and thereupon a new fully registered Bond or 2024 Bonds in the same aggregate principal 130
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amount, and of the same maturity, shall be executed and delivered in the name of the transferee 131 or transferees or the registered owner, as the case may be, in exchange therefor. The costs of 132
such transfer or exchange shall be borne by the City, except for any tax or governmental charge 133
required to be paid in connection therewith, which shall be payable by the person requesting such 134 transfer or exchange. The City, the Registrar and the Paying Agent may treat and consider the 135 persons in whose names such 2024 Bonds are registered as the absolute owners thereof for all 136 purposes including for the purpose of receiving payment of, or on account of, the principal 137
thereof and interest due thereon. 138
In the event any Bond is mutilated, lost, stolen or destroyed, the City may execute and the 139 Registrar may authenticate a new bond of like date, maturity and denomination as that mutilated, 140 lost, stolen or destroyed, which new bond shall be marked in a manner to distinguish it from the 141 bond for which it was issued, provided that, in the case of any mutilated bond, such mutilated 142
bond shall first be surrendered to the Registrar, and in the case of any lost, stolen or destroyed 143
bond there shall be first furnished to the Registrar evidence of such loss, theft or destruction 144 satisfactory to the City and the Registrar, together with indemnity satisfactory to them. In the 145 event any such bond shall have matured, instead of issuing a duplicate bond, the City and the 146 Registrar may, upon receiving indemnity satisfactory to them, pay the same without surrender 147
thereof. The City and the Registrar may charge the owner of such Bond with their reasonable 148
fees and expenses in this connection. Any bond issued pursuant to this paragraph shall be 149 deemed an original, substitute contractual obligation of the City, whether or not the lost, stolen or 150 destroyed Bond shall be found at any time, and shall be entitled to all the benefits of this 151 Ordinance, equally and proportionately with any and all other 2024 Bonds issued hereunder. 152
SECTION 3. Terms of Redemption. The Controller, upon consultation with the City’s 153
municipal advisor, may designate maturities of 2024 Bonds (or portion thereof in integral 154 multiples of $5,000 principal amount each) that shall be subject to optional redemption and/or 155 maturity sinking fund redemption, and the corresponding redemption dates, amounts and prices 156 (including premium, if any). Except as otherwise set forth in this Ordinance, the Controller, 157
upon consultation with the City’s municipal advisor, is hereby authorized and directed to 158
determine the terms governing any such redemption. 159
Notice of redemption shall be mailed by first-class mail or by registered or certified mail 160 to the address of each registered owner of a Bond to be redeemed as shown on the Registration 161 Record not more than forty-five (45) days and not less than thirty (30) days prior to the date 162
fixed for redemption except to the extent such redemption notice is waived by owners of 2024 163
Bonds redeemed, provided, however, that failure to give such notice by mailing, or any defect 164 therein, with respect to any Bond shall not affect the validity of any proceedings for the 165 redemption of any other 2024 Bonds. Any notice of redemption required under this section shall 166 identify the 2024 Bonds to be redeemed including the complete name of the 2024 Bonds, the 167
interest rate, the issue date, the maturity date, the respective CUSIP numbers (if any) and 168
certificate numbers (and, in the case of a partial redemption, the respective principal amounts to 169 be called) and shall state (i) the date fixed for redemption, (ii) the Redemption Price, (iii) that the 170 2024 Bonds called for redemption must be surrendered to collect the Redemption Price, (iv) the 171 address of the principal corporate trust office of the registrar and paying agent at which the 2024 172
Bonds must be surrendered together with the name and telephone number of a person to contact 173
from the office of the registrar and paying agent, (v) any condition precedent to such redemption, 174 (vi) that on the date fixed for redemption, and upon the satisfaction of any condition precedent 175 described in the notice, the Redemption Price will be due and payable upon each such 2024 176 Bond or portion thereof and that interest on the 2024 Bonds called for redemption ceases to 177
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accrue on the date fixed for redemption, and (vii) that if such condition precedent is not satisfied, 178 such notice of redemption is rescinded and of no force and effect, and the principal and premium, 179
if any, shall continue to bear interest on and after the date fixed for redemption at the interest rate 180
borne by the 2024 Bond. The place of redemption may be determined by the City. Interest on 181 the 2024 Bonds so called for redemption shall cease on the redemption date fixed in such notice 182 if sufficient funds are available at the place of redemption to pay the redemption price on the 183 date so named, and thereafter, such 2024 Bonds shall no longer be protected by this Ordinance 184
and shall not be deemed to be outstanding hereunder, and the holders thereof shall have the right 185
only to receive the redemption price. 186
All 2024 Bonds which have been redeemed shall be canceled and shall not be reissued; 187 provided, however, that one or more new registered 2024 Bonds shall be issued for the 188 unredeemed portion of any Bond without charge to the holder thereof. 189
No later than the date fixed for redemption, funds shall be deposited with the Paying 190
Agent or another paying agent to pay, and such agent is hereby authorized and directed to apply 191 such funds to the payment of, the 2024 Bonds or portions thereof called for redemption, 192 including accrued interest thereon to the redemption date. No payment shall be made upon any 193 Bond or portion thereof called for redemption until such bond shall have been delivered for 194
payment or cancellation or the Registrar shall have received the items required by this resolution 195
with respect to any mutilated, lost, stolen or destroyed bond. 196
SECTION 4. Appointment of Registrar and Paying Agent. The Controller is hereby 197 authorized to serve as, or to appoint a qualified financial institution to serve as, registrar and 198 paying agent for the 2024 Bonds (the “Registrar” or “Paying Agent”). The Registrar is hereby 199
charged with the responsibility of authenticating the 2024 Bonds, and shall keep and maintain at 200
its principal office or corporate trust office books for the registration and transfer of the 2024 201 Bonds. The Controller is hereby authorized to enter into such agreements or understandings with 202 such institution as will enable the institution to perform the services required of the Registrar and 203 Paying Agent. The Controller is authorized to pay such fees as the institution may charge for the 204
services it provides as Registrar and Paying Agent. 205
The Registrar and Paying Agent may at any time resign as Registrar and Paying Agent by 206 giving thirty (30) days written notice to the Controller and to each registered owner of the 2024 207 Bonds then outstanding, and such resignation will take effect at the end of such thirty (30) days 208 or upon the earlier appointment of a successor Registrar and Paying Agent by the Controller. 209
Such notice to the Controller may be served personally or be sent by first-class or registered 210
mail. The Registrar and Paying Agent may be removed at any time as Registrar and Paying 211 Agent by the Controller, in which event the Controller may appoint a successor Registrar and 212 Paying Agent. The Controller shall notify each registered owner of the 2024 Bonds then 213 outstanding of the removal of the Registrar and Paying Agent. Notices to registered owners of 214
the 2024 Bonds shall be deemed to be given when mailed by first-class mail to the addresses of 215
such registered owners as they appear on the Registration Record. Any predecessor Registrar 216 and Paying Agent shall deliver all the 2024 Bonds, cash and investments in its possession and 217 the Registration Record to the successor Registrar and Paying Agent. At all times, the same 218 entity shall serve as Registrar and as Paying Agent. 219
SECTION 5. Form of Bonds. (a) The form and tenor of the 2024 Bonds shall be 220
substantially as follows, all blanks to be filled in properly and all necessary additions and 221 deletions to be made prior to delivery thereof: 222
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2024R- 223 UNITED STATES OF AMERICA 224 225 STATE OF INDIANA COUNTY OF HAMILTON 226
CITY OF CARMEL, INDIANA 227 GENERAL OBLIGATION REFUNDING BOND, SERIES 2024 228
Interest Rate Maturity Date Original Date Authentication Date [CUSIP] 229 REGISTERED OWNER: 230
PRINCIPAL SUM: ___________________________ DOLLARS ($______) 231
The City of Carmel, in Hamilton County, Indiana (the “City”) for value received, hereby promises to pay to 232 the Registered Owner set forth above, the Principal Sum set forth above on the Maturity Date set forth above, 233 and to pay interest thereon until the Principal Sum shall be fully paid, at the Interest Rate per annum specified 234 above from the Interest Payment Date (as defined herein) to which interest has been paid next preceding the 235 Authentication Date of this bond unless this bond is authenticated after the date which is fifteen (15) days 236
immediately preceding such Interest Payment Date and on or before such Interest Payment Date in which case it 237 shall bear interest from such Interest Payment Date, or unless this bond is authenticated on or before [________ 238 15, 2025], in which case it shall bear interest from the Original Date, which interest is payable semiannually on 239 January 15 and July 15 of each year (each, an “Interest Payment Date”), beginning on [_________ 15, 2025]. 240 Interest shall be calculated on the basis of a 360-day year comprised of twelve 30-day months. 241
The principal of this bond is payable at __________________ (the “Registrar” or “Paying Agent”), in 242
__________, Indiana. All payments of interest on this bond shall be paid by check mailed one business day 243 prior to the Interest Payment Date to the registered owner hereof as of the first day of the month in which 244 interest is payable at the address as it appears on the registration books kept by the Registrar or at such other 245 address as is provided to the Paying Agent in writing by the Registered Owner. Each registered owner of 246 $1,000,000 or more in principal amount of 2024 Bonds shall be entitled to receive interest payments by wire 247 transfer by providing written wire instructions to the Paying Agent before the record date for any payment. All 248
payments of principal of and premium, if any, on this bond shall be made upon surrender thereof at the principal 249 [corporate trust] office of the Paying Agent in any coin or currency of the United States of America which on 250 the dates of such payment shall be legal tender for the payment of public and private debts, or in the case of a 251 Registered Owner of $1,000,000 or more in principal amount of 2024 Bonds, by wire transfer on the due date 252 upon written direction of such owner provided at least fifteen (15) days prior to the maturity date. 253
This bond is one of an authorized issue of negotiable general obligation bonds of the City, of like original 254
date, tenor and effect, except as to denomination, numbering, interest rates, and dates of maturity, in the total 255 amount of ____________ ($___________), numbered consecutively from 2024R-1 upward, issued for the 256 purpose of financing the costs of refinancing certain capital equipment leases of the City as more particularly 257 described in the Ordinance (as defined herein) and (b) the costs incurred in connection with the issuance and 258 sale of the bonds and all incidental expenses therewith, as authorized by Ordinance D-2732-24 adopted by the 259 Common Council on the __ day of __________, 2024 (the “Ordinance”), and in accordance with Indiana Code 260 5-1-5, et seq., Indiana Code § 36-4-6-19 and other applicable provisions of the Indiana Code, as amended 261 (collectively, the “Act”). The owner of this bond, by the acceptance hereof, agrees to all the terms and 262 provisions contained in the Ordinance and the Act. 263
PURSUANT TO THE PROVISIONS OF THE ACT AND THE ORDINANCE, THE PRINCIPAL OF 264 THIS BOND AND ALL OTHER 2024 BONDS OF SAID ISSUE AND THE INTEREST DUE THEREON 265 ARE PAYABLE AS A GENERAL OBLIGATION OF THE CITY, FROM AN AD VALOREM PROPERTY 266
TAX TO BE LEVIED ON ALL TAXABLE PROPERTY WITHIN THE CITY. 267
[INSERT REDEMPTION TERMS] 268
Notice of such redemption shall be mailed by first-class mail or by registered or certified mail not more 269 than sixty (60) days and not less than thirty (30) days prior to the date fixed for redemption to the address of the 270 registered owner of each bond to be redeemed as shown on the registration record of the City except to the 271
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extent such redemption notice is waived by owners of the bond or bonds redeemed, provided, however, that 272 failure to give such notice by mailing, or any defect therein, with respect to any bond shall not affect the validity 273 of any proceedings for the redemption of any other 2024 Bonds. Any notice of redemption required under this 274 section shall identify the 2024 Bonds to be redeemed including the complete name of the 2024 Bonds, the 275 interest rate, the issue date, the maturity date, the respective CUSIP numbers (if any) and certificate numbers 276 (and, in the case of a partial redemption, the respective principal amounts to be called) and shall state (i) the 277
date fixed for redemption, (ii) the Redemption Price, (iii) that the 2024 Bonds called for redemption must be 278 surrendered to collect the Redemption Price, (iv) the address of the principal corporate trust office of the 279 registrar and paying agent at which the 2024 Bonds must be surrendered together with the name and telephone 280 number of a person to contact from the office of the registrar and paying agent, (v) any condition precedent to 281 such redemption, (vi) that on the date fixed for redemption, and upon the satisfaction of any condition precedent 282 described in the notice, the Redemption Price will be due and payable upon each such 2024 Bond or portion 283
thereof and that interest on the 2024 Bonds called for redemption ceases to accrue on the date fixed for 284 redemption, and (vii) that if such condition precedent is not satisfied, such notice of redemption is rescinded and 285 of no force and effect, and the principal and premium, if any, shall continue to bear interest on and after the date 286 fixed for redemption at the interest rate borne by the 2024 Bond. The place of redemption may be determined 287 by the City. Interest on the 2024 Bonds so called for redemption shall cease on the redemption date fixed in 288 such notice if sufficient funds are available at the place of redemption to pay the redemption price on the date so 289
named, and thereafter, such 2024 Bonds shall no longer be protected by the Ordinance and shall not be deemed 290 to be outstanding thereunder. 291
This bond is subject to defeasance prior to payment as provided in the Ordinance. 292
If this bond shall not be presented for payment on the date fixed therefor, the City may deposit in trust with 293 the Paying Agent or another paying agent, an amount sufficient to pay such bond, and thereafter the Registered 294 Owner shall look only to the funds so deposited in trust for payment and the City shall have no further 295
obligation or liability in respect thereto. 296
This bond is transferable or exchangeable only upon the books of the City kept for that purpose at the office 297 of the Registrar by the Registered Owner in person, or by his attorney duly authorized in writing, upon 298 surrender of this bond together with a written instrument of transfer or exchange satisfactory to the Registrar 299 duly executed by the Registered Owner or his attorney duly authorized in writing, and thereupon a new fully 300 registered bond or 2024 Bonds in the same aggregate principal amount, and of the same maturity, shall be 301
executed and delivered in the name of the transferee or transferees or the Registered Owner, as the case may be, 302 in exchange therefor. The City, any registrar and any paying agent for this bond may treat and consider the 303 person in whose name this bond is registered as the absolute owner hereof for all purposes including for the 304 purpose of receiving payment of, or on account of, the principal hereof and interest due hereon. 305
The 2024 Bonds maturing in any one year are issuable only in fully registered form in the denomination of 306 [$5,000 or any integral multiple thereof]. 307
It is hereby certified and recited that all acts, conditions and things required to be done precedent to and in 308 the execution, issuance and delivery of this bond have been done and performed in regular and due form as 309 provided by law. 310
This bond shall not be valid or become obligatory for any purpose until the certificate of authentication 311 hereon shall have been executed by an authorized representative of the Registrar. 312
IN WITNESS WHEREOF, the City of Carmel, Indiana, has caused this bond to be executed in its 313 corporate name by the manual or facsimile signatures of its duly elected, qualified and acting Mayor, its 314 corporate seal, if any, to be hereunto affixed, imprinted or impressed by any means and attested manually or by 315 facsimile by the Controller of the City. 316
CITY OF CARMEL, INDIANA By: Mayor (SEAL)
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ATTEST: Controller
CERTIFICATE OF AUTHENTICATION 317
It is hereby certified that this bond is one of the 2024 Bonds described in the within-mentioned Ordinance 318 duly authenticated by the Registrar. 319
_____________________________, as Registrar 320 321
322 By: 323 Authorized Representative 324 325 326 The following abbreviations, when used in the inscription on the face of this bond, shall be construed as 327
though they were written out in full according to applicable laws or regulations: 328
TEN. COM. as tenants in common
TEN. ENT. as tenants by the entireties
JT. TEN. as joint tenants with right of survivorship and
not as tenants in common UNIF. TRANS. MIN. ACT Custodian (Cust.) (Minor) under Uniform Transfers to Minors Act of
(State) Additional abbreviations may also be used, although not contained in the above list. 329
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto 330
________________________________________ (Please Print or Typewrite Name and Address) 331 $__________________principal amount (must be a multiple of $5,000) of the within bond and all rights 332 thereunder, and hereby irrevocably constitutes and appoints _________________________, attorney to transfer 333 the within bond on the books kept for the registration thereof with full power of substitution in the premises. 334
NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within bond in every particular, without alteration or enlargement or any change whatsoever. 335 Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a Securities Transfer Association recognized signature guarantee program.
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(End of Form of Bonds) 336
(b) The 2024 Bonds may, in compliance with all applicable laws, initially be issued 337
and held in book-entry form on the books of the central depository system, The Depository Trust 338
Company, its successors, or any successor central depository system appointed by the City from 339 time to time (the “Clearing Agency”), without physical distribution of 2024 Bonds to the 340 purchasers. The following provisions of this section apply in such event. 341
One definitive Bond of each maturity shall be delivered to the Clearing Agency (or its 342
agent) and held in its custody. The City and the Registrar and Paying Agent may, in connection 343
therewith, do or perform or cause to be done or performed any acts or things not adverse to the 344 rights of the holders of the 2024 Bonds as are necessary or appropriate to accomplish or 345 recognize such book-entry form 2024 Bonds. 346
During any time that the 2024 Bonds remain and are held in book-entry form on the 347
books of a Clearing Agency, (1) any such Bond may be registered upon the books kept by the 348
Registrar in the name of such Clearing Agency, or any nominee thereof, including Cede & Co., 349 as nominee of The Depository Trust Company; (2) the Clearing Agency in whose name such 350 Bond is so registered shall be, and the City and the Registrar and Paying Agent may deem and 351 treat such Clearing Agency as, the absolute owner and holder of such Bond for all purposes of 352
this Ordinance, including, without limitation, the receiving of payment of the principal of and 353
interest on such Bond, the receiving of notice and giving of consent; (3) neither the City nor the 354 Registrar or Paying Agent shall have any responsibility or obligation hereunder to any direct or 355 indirect participant, within the meaning of Section 17A of the Securities Exchange Act of 1934, 356 as amended, of such Clearing Agency, or any person on behalf of which, or otherwise in respect 357
of which, any such participant holds any interest in any Bond, including, without limitation, any 358
responsibility or obligation hereunder to maintain accurate records of any interest in any Bond or 359 any responsibility or obligation hereunder with respect to the receiving of payment of principal 360 of or interest or premium, if any, on any Bond, the receiving of notice or the giving of consent; 361 and (4) the Clearing Agency is not required to present any Bond called for partial redemption 362
prior to receiving payment so long as the Registrar and Paying Agent and the Clearing Agency 363
have agreed to the method for noting such partial redemption. 364
If either the City receives notice from the Clearing Agency which is currently the 365 registered owner of the 2024 Bonds to the effect that such Clearing Agency is unable or 366 unwilling to discharge its responsibility as a Clearing Agency for the 2024 Bonds, or the City 367
elects to discontinue its use of such Clearing Agency as a Clearing Agency for the 2024 Bonds, 368
then the City and Registrar and Paying Agent each shall do or perform or cause to be done or 369 performed all acts or things, not adverse to the rights of the holders of the 2024 Bonds, as are 370 necessary or appropriate to discontinue use of such Clearing Agency as a Clearing Agency for 371 the 2024 Bonds and to transfer the ownership of each of the 2024 Bonds to such person or 372
persons, including any other Clearing Agency, as the holders of the 2024 Bonds may direct in 373
accordance with this Ordinance. Any expenses of such discontinuance and transfer, including 374 expenses of printing new certificates to evidence the 2024 Bonds, shall be paid by the City. 375
During any time that the 2024 Bonds are held in book-entry form on the books of a 376 Clearing Agency, the Registrar shall be entitled to request and rely upon a certificate or other 377
written representation from the Clearing Agency or any participant or indirect participant with 378
respect to the identity of any beneficial owner of 2024 Bonds as of a record date selected by the 379 Registrar. For purposes of determining whether the consent, advice, direction or demand of a 380 registered owner of a Bond has been obtained, the Registrar shall be entitled to treat the 381
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beneficial owners of the 2024 Bonds as the bondholders and any consent, request, direction, 382 approval, objection or other instrument of such beneficial owner may be obtained in the fashion 383
described in this Ordinance. 384
During any time that the 2024 Bonds are held in book-entry form on the books of a 385 Clearing Agency, the Mayor, the Controller and/or the Registrar are authorized to execute and 386 deliver a Letter of Representations agreement with the Clearing Agency, or a Blanket Issuer 387 Letter of Representations, and the provisions of any such Letter of Representations or any 388
successor agreement shall control on the matters set forth therein. The Registrar, by accepting 389
the duties of Registrar under this Ordinance, agrees that it will (i) undertake the duties of agent 390 required thereby and that those duties to be undertaken by either the agent or the issuer shall be 391 the responsibility of the Registrar, and (ii) comply with all requirements of the Clearing Agency, 392 including without limitation same day funds settlement payment procedures. Further, during any 393
time that the 2024 Bonds are held in book-entry form, the provisions of Section 5 of this 394
Ordinance shall control over conflicting provisions in any other section of this Ordinance. 395
SECTION 6. Sale of Bonds. 396
(a) The 2024 Bonds shall be sold through either a public sale in accordance with Ind. 397 Code 5-1-11, or a negotiated sale in accordance with Ind. Code 5-1-11-1(a)(2), as determined by 398
the Controller. 399
(b) If the Controller determines to sell the 2024 Bonds at a public sale in accordance 400 with Ind. Code 5-1-11, the Controller shall cause to be published a notice of sale once each week 401 for two consecutive weeks per Indiana Code § 5-3-1-2. The date fixed for the sale shall not be 402 earlier than fifteen (15) days after the first of such publications and not earlier than three (3) days 403
after the second of such publications. Said bond sale notice shall state the time and place of sale, 404
the purpose for which the 2024 Bonds are being issued, the total amount thereof, the amount and 405 date of each maturity, the maximum rate or rates of interest thereon, their denominations, the 406 time and place of payment, that specifications and information concerning the 2024 Bonds are on 407 file in the office of the Controller and are available on request, the terms and conditions upon 408
which bids will be received and the sale made and such other information as is required by law 409
or as the Controller shall deem necessary, including any terms and conditions of sale which 410 provide an exclusion or exemption from the applicability of all or a portion of the provisions of 411 Rule 15c2-12 of the U.S. Securities and Exchange Commission as amended (the “SEC Rule”), in 412 which case the Controller may set the minimum authorized denomination of the 2024 Bonds at 413
One Hundred Thousand Dollars ($100,000) as contemplated by the SEC Rule. As an alternative 414
to the publication of a notice of sale, the Controller may sell the 2024 Bonds through the 415 publication of a notice of intent to sell the 2024 Bonds and compliance with related procedures 416 pursuant to Indiana Code § 5-1-11-2(b). 417
All bids for the 2024 Bonds shall be sealed and shall be presented to the Controller in 418
accordance with the terms set forth in the bond sale notice. Bidders for the 2024 Bonds shall be 419
required to name the rate or rates of interest which the 2024 Bonds are to bear, which shall be the 420 same for all 2024 Bonds maturing on the same date and the interest rate bid on any maturity of 421 2024 Bonds must be no less than the interest rate bid on any and all prior maturities, not 422 exceeding six percent (6.00%) per annum, and such interest rate or rates shall be in multiples of 423
one-eighth or one-hundredth of one per cent. The Controller shall award the 2024 Bonds to the 424
bidder who offers the lowest interest cost, to be determined by computing the total interest on all 425 the 2024 Bonds to their maturities and deducting therefrom the premium bid, if any, or adding 426 thereto the amount of the discount, if any. No bid for less than ninety-nine percent (99.00%) of 427
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the par value of the 2024 Bonds (or such higher percentage as the Controller shall determine, 428 with the advice of the City’s financial advisor, prior to the sale of the 2024 Bonds) and accrued 429
interest, if any, shall be considered. The Controller may require that all bids shall be 430
accompanied by certified or cashier’s checks or wire transfers payable to the order of the City of 431 Bloomington, Indiana, or a surety bond, in an amount not to exceed one percent of the aggregate 432 principal amount of the 2024 Bonds as a guaranty of the performance of said bid, should it be 433 accepted. In the event no satisfactory bids are received on the day named in the sale notice, the 434
sale may be continued from day to day thereafter for a period of thirty (30) days without re-435
advertisement; provided, however, that if said sale be continued, no bid shall be accepted which 436 offers an interest cost which is equal to or higher than the best bid received at the time fixed for 437 sale in the bond sale notice. The Controller shall have full right to reject any and all bids. 438
(c) Alternatively, if the Controller determines to sell the 2024 Bonds through a 439
negotiated sale, the Controller may negotiate the sale of said Bonds through private negotiation 440
as either an underwriting or private placement, to a purchaser or purchasers selected by the 441 Controller (the “Purchaser”) at an interest rate or rates not exceeding six percent (6.00%) per 442 annum. The Mayor is hereby authorized and directed to execute and deliver and the Controller is 443 hereby authorized to attest a bond purchase agreement with the Purchaser (the “Bond Purchase 444
Agreement”), to be prepared in a form satisfactory to the Mayor and Controller and consistent 445
with the terms of this Ordinance, with the advice of the municipal advisor to the City and Barnes 446 & Thornburg LLP, as bond counsel. The Bond Purchase Agreement will be required to name the 447 rate or rates of interest which the 2024 Bonds are to bear, not exceeding the maximum rate 448 hereinbefore fixed, and such interest rate or rates shall be in multiples of 1/8, 1/20 or 1/100 of 449
one percent. The purchase price of the 2024 Bonds shall not be less than ninety-nine percent 450
(99.00%) of the par value of the 2024 Bonds 451
(d) After the 2024 Bonds have been properly sold and executed, the Controller shall 452 receive payment for the 2024 Bonds from the purchasers and shall provide for delivery of the 453 2024 Bonds to the Purchaser. 454
(e) The Controller is hereby authorized and directed to have the 2024 Bonds 455
prepared, and the Mayor and the Controller are hereby authorized and directed to execute the 456 2024 Bonds in substantially the form and the manner herein provided. The Controller is hereby 457 authorized and directed to deliver the 2024 Bonds to the Purchaser, at which time, the Controller 458 shall be authorized to receive from the Purchaser the purchase price and take the Purchaser’s 459
receipt for the 2024 Bonds. 460
(f) The Controller is hereby authorized and directed to obtain legal opinion as to the 461 validity of the 2024 Bonds from Barnes & Thornburg LLP, and to furnish such opinion to the 462 Purchaser of the 2024 Bonds or to cause a copy of said legal opinion to be printed on each Bond. 463 The cost of such opinion shall be paid out of the proceeds of the 2024 Bonds. 464
(g) The Controller shall report the proceedings related to the sale of the 2024 Bonds 465
to the Council. 466
(h) The Controller is hereby authorized to appoint a financial institution to serve as 467 escrow agent (the “Escrow Agent”) for the Prior Leases in accordance with the terms of an 468 Escrow Agreement between the City and the Escrow Agent (the “Escrow Agreement”). The final 469
form of the Escrow Agreement shall be approved by the Mayor and Controller, upon the advice 470
of the City’s bond counsel and Municipal Advisor, and the Mayor and the Controller are hereby 471
12
authorized and directed to complete, execute and attest the same on behalf of the City so long as 472 its provisions are consistent with this Ordinance and the Bond Purchase Agreement. 473
SECTION 7. Use of Bond Proceeds. Proceeds of the 2024 Bonds shall be applied as 474
follows and in the following order of priority. 475
(a) First, concurrently with the delivery of the 2024 Bonds, the Controller 476 may purchase (subject to the terms of the Prior Leases), with the proceeds of the 2024 Bonds and 477 cash on hand, direct obligations of, or obligations the principal and interest on which are 478
unconditionally guaranteed by, the United States of America (the “Government Obligations”), to 479
be used, together with certain cash from the proceeds of the 2024 Bonds and cash on hand, if 480 any, as set forth in the Escrow Agreement, to refund and legally defease the Prior Leases all as 481 set forth in the Escrow Agreement. In order to refund the Prior Leases, the Controller shall 482 deposit the Government Obligations and certain cash, if any, with the Escrow Agent under the 483
Escrow Agreement in an amount sufficient to provide moneys for the payment of all outstanding 484
amounts dues, plus the redemption premium (if any), with respect to the Prior Leases until the 485 earliest date upon which the Prior Leases may be prepaid. As an alternative to purchasing 486 Government Obligations, the Controller may, with the advice of the Municipal Advisor, deposit 487 a gross amount of proceeds of the 2024 Bonds and cash on hand with the Escrow Agent in an 488
amount sufficient to currently refund, legally defease and prepay the Prior Leases. If required 489
for the legal defeasance of the Prior Leases, the Controller shall obtain a verification of an 490 accountant as to the sufficiency of the Government Obligations (if any) and funds deposited in 491 the irrevocable escrow account created under the Escrow Agreement (the “Escrow Account”) to 492 accomplish said refunding and legal defeasance of the Prior Leases. 493
(b) Second, the remaining proceeds of the 2024 Bonds shall be applied by the 494
Controller to the cost of issuance of the 2024 Bonds not otherwise paid. When all the costs of 495 issuance of the 2024 Bonds have been paid, the Controller shall be used to pay debt service on 496 the 2024 Bonds or otherwise used as permitted by law. 497
SECTION 8. Defeasance. If, when the 2024 Bonds or any portion thereof shall have 498
become due and payable in accordance with their terms or shall have been duly called for 499
redemption or irrevocable instructions to call the 2024 Bonds or any portion thereof for 500 redemption have been given, and the whole amount of the principal and the interest so due and 501 payable upon such 2024 Bonds or any portion thereof then outstanding shall be paid, or (i) cash, 502 or (ii) direct non-callable obligations of (including obligations issued or held in book entry form 503
on the books of) the Department of the Treasury of the United States of America, and securities 504
fully and unconditionally guaranteed as to the timely payment of principal and interest by the 505 United States of America, the principal of and the interest on which when due without 506 reinvestment will provide sufficient money, or (iii) any combination of the foregoing, shall be 507 held irrevocably in trust for such purpose, and provision shall also be made for paying all fees 508
and expenses for the payment, then and in that case the 2024 Bonds or such designated portion 509
thereof shall no longer be deemed outstanding or secured by this Ordinance. 510
SECTION 9. Tax Covenants. In order to preserve the exclusion of interest from gross 511 income for federal income tax purposes on the 2024 Bonds, and as an inducement to purchasers 512 of the 2024 Bonds, the City represents, covenants and agrees that: 513
(a) The City will not take any action or fail to take any action with 514
respect to the 2024 Bonds that would result in the loss of the exclusion from gross 515 income for federal income tax purposes of interest on the 2024 Bonds pursuant to 516
13
Section 103 of the Internal Revenue Code of 1986 as in effect on the date of 517 issuance of the 2024 Bonds (the “Code”), including, without limitation, the taking 518
of such action as is necessary to rebate or cause to be rebated arbitrage profits on 519
Bond proceeds or other monies treated as Bond proceeds to the federal 520 government as provided in Section 148 of the Code, and will set aside such 521 monies, which may be paid from investment income on funds and accounts 522 notwithstanding anything else to the contrary herein, in trust for such purposes. 523
(b) The City will file an information report Form 8038-G with the 524
Internal Revenue Service as required by Section 149 of the Code. 525
(c) The City will not make any investment or do any other act or thing 526 during the period that any Bond is outstanding hereunder which would cause any 527 Bond to be an “arbitrage bond” within the meaning of Section 148 of the Code 528
and the regulations applicable thereto as in effect on the date of delivery of the 529
2024 Bonds. 530
Notwithstanding any other provisions of this Ordinance, the foregoing covenants and 531 authorizations (the “Tax Sections”) which are designed to preserve the exclusion of interest on 532 the 2024 Bonds from gross income under federal income tax law (the “Tax Exemption”) need 533
not be complied with to the extent the City receives an opinion of nationally recognized bond 534
counsel that compliance with such Tax Section is unnecessary to preserve the Tax Exemption. 535
SECTION 10. Amendments. Subject to the terms and provisions contained in this 536 section, and not otherwise, the owners of not less than sixty-six and two-thirds percent (66-2/3%) 537 in aggregate principal amount of the 2024 Bonds then outstanding shall have the right, from time 538
to time, to consent to and approve the adoption by the City of such ordinance or ordinances 539
supplemental hereto as shall be deemed necessary or desirable by the City for the purpose of 540 modifying, altering, amending, adding to or rescinding in any particular any of the terms or 541 provisions contained in this Ordinance, or in any supplemental ordinance; provided, however, 542 that nothing herein contained shall permit or be construed as permitting: 543
(a) An extension of the maturity of the principal of or interest on any 544
Bond, without the consent of the holder of each Bond so affected; or 545
(b) A reduction in the principal amount of any Bond or the rate of 546 interest thereon, or a change in the monetary medium in which such amounts are 547 payable, without the consent of the holder of each Bond so affected; or 548
(c) A preference or priority of any Bond over any other Bond, without 549
the consent of the holders of all 2024 Bonds then outstanding; or 550
(d) A reduction in the aggregate principal amount of the 2024 Bonds 551 required for consent to such supplemental ordinance, without the consent of the 552 holders of all 2024 Bonds then outstanding. 553
If the City shall desire to obtain any such consent, it shall cause the Registrar to mail a 554
notice, postage prepaid, to the addresses appearing on the registration books held by the 555 Registrar. Such notice shall briefly set forth the nature of the proposed supplemental ordinance 556 and shall state that a copy thereof is on file at the office of the Registrar for inspection by all 557 owners of the 2024 Bonds. The Registrar shall not, however, be subject to any liability to any 558
14
owners of the 2024 Bonds by reason of its failure to mail such notice, and any such failure shall 559 not affect the validity of such supplemental ordinance when consented to and approved as herein 560
provided. 561
Whenever at any time within one year after the date of the mailing of such notice, the 562 City shall receive any instrument or instruments purporting to be executed by the owners of the 563 2024 Bonds of not less than sixty-six and two-thirds per cent (66-2/3%) in aggregate principal 564 amount of the 2024 Bonds then outstanding, which instrument or instruments shall refer to the 565
proposed supplemental ordinance described in such notice, and shall specifically consent to and 566
approve the adoption thereof in substantially the form of the copy thereof referred to in such 567 notice as on file with the Registrar, thereupon, but not otherwise, the City may adopt such 568 supplemental ordinance in substantially such form, without liability or responsibility to any 569 owners of the 2024 Bonds, whether or not such owners shall have consented thereto. 570
No owner of any Bond shall have any right to object to the adoption of such supplemental 571
ordinance or to object to any of the terms and provisions contained therein or the operation 572 thereof, or in any manner to question the propriety of the adoption thereof, or to enjoin or 573 restrain the City or its officers from adopting the same, or from taking any action pursuant to the 574 provisions thereof. Upon the adoption of any supplemental ordinance pursuant to the provisions 575
of this section, this Ordinance shall be, and shall be deemed, modified and amended in 576
accordance therewith, and the respective rights, duties and obligations under this Ordinance of 577 the City and all owners of 2024 Bonds then outstanding, shall thereafter be determined exercised 578 and enforced in accordance with this Ordinance, subject in all respects to such modifications and 579 amendments. 580
Notwithstanding anything contained in the foregoing provisions of this Ordinance, the 581
rights and obligations of the City and of the owners of the 2024 Bonds, and the terms and 582 provisions of the 2024 Bonds and this Ordinance, or any supplemental ordinance, may be 583 modified or altered in any respect with the consent of the City and the consent of the owners of 584 all the 2024 Bonds then outstanding. 585
Without notice to or consent of the owners of the 2024 Bonds, the City may, from time to 586
time and at any time, adopt such ordinances supplemental hereto as shall not be inconsistent with 587 the terms and provisions hereof (which supplemental ordinances shall thereafter form a part 588 hereof), 589
(a) To cure any ambiguity or formal defect or omission in this 590
Ordinance or in any supplemental ordinance; or 591
(b) To grant to or confer upon the owners of the 2024 Bonds any 592 additional rights, remedies, powers, authority or security that may lawfully be 593 granted to or conferred upon the owners of the 2024 Bonds or to make any change 594 which, in the judgment of the Council, is not to the prejudice of the owners of the 595
2024 Bonds; or 596
(c) To modify, amend or supplement this Ordinance to permit the 597 qualification of the 2024 Bonds for sale under the securities laws of the United 598 States of America or of any of the states of the United States of America, to 599 obtain or maintain bond insurance with respect to payments of principal of and 600
interest on the 2024 Bonds to procure a rating on the 2024 Bonds from a 601
nationally recognized securities rating agency designated in such supplemental 602
15
ordinance, if such supplemental ordinance will not adversely affect the owners of 603 the 2024 Bonds; or 604
(d) To provide for the refunding or advance refunding of the 2024 605
Bonds; or 606
(e) To make any other change which, in the determination of the 607 Council in its sole discretion, is not to the prejudice of the owners of the 2024 608 Bonds. 609
SECTION 11. Approval of Official Statement. If the Controller of the City, with the 610
advice of the City’s municipal advisor, determines that the preparation of an official statement is 611 necessary or is in the best interest of the City, then the 2024 Bonds may be offered and sold 612 pursuant to an Official Statement (preliminary and final) or other offering document with respect 613 to such 2024 Bonds (collectively, the “Official Statement”), to be made available and distributed 614
in such manner, at such times, for such periods and in such number of copies as may be required 615
pursuant to the SEC Rule to the extent applicable to the Refunding Bonds. The City hereby 616 authorizes the Mayor or Controller (a) to authorize and approve a Preliminary Official Statement, 617 as the same may be appropriately confirmed, modified and amended for distribution as the 618 Preliminary Official Statement of the City with respect to the 2024 Bonds, (b) on behalf of the 619
City, to designate the Preliminary Official Statement a “final” Official Statement of the City with 620
respect to the 2024 Bonds, and (c) to authorize and approve the Preliminary Official Statement to 621 be placed into final form and enter into such agreements or arrangements as may be necessary or 622 advisable in order to provide for the distribution of a sufficient number of copies of the Official 623 Statement under the SEC Rule. 624
SECTION 12. Continuing Disclosure Contract. If required under the SEC Rule, the 625
Council hereby approves, and authorizes and directs the Mayor and the Controller, for and on 626 behalf of the City, to execute and deliver, and to perform the obligations of the City under, a 627 Continuing Disclosure Contract from the City to each registered owner or holder of any 2024 628 Bond (the “Continuing Disclosure Contract”). The Mayor and the Controller are authorized to 629
approve the form of the Continuing Disclosure Contract, upon the advice of the City’s bond 630
counsel, with such determination to be conclusively evidenced by such Mayor’s and such 631 Controller’s execution thereof. 632
SECTION 13. Additional Appropriation. There is hereby appropriated the sum of Nine 633 Million Dollars ($9,000,000), out of the proceeds of the 2024 Bonds, together with all 634
investment earnings thereon, for the purpose of providing funds to pay the costs of the 635
Refunding, including related costs and the costs of issuing the 2024 Bonds, as provided in this 636 Ordinance. Such appropriation shall be in addition to all appropriations provided for in the 637 existing budget and shall continue in effect until the completion of the described purposes. 638
SECTION 14. Other Action. The appropriate officers are hereby authorized to take all 639
such actions and execute all such instruments as are necessary or desirable to effectuate this 640
ordinance, and any such agreement, certificate or other instrument heretofore executed and 641 delivered and any such other action heretofore taken are hereby ratified and approved. These 642 actions include obtaining a rating, bond insurance or any other form of credit enhancement for 643 the 2024 Bonds if economically feasible and desirable and with the favorable recommendation of 644
the municipal advisors to the City, and filing a report of an additional appropriation with the 645
Indiana Department of Local Government Finance. In addition, the appropriate officers of the 646 City are hereby authorized and directed to take any other action deemed necessary or advisable 647
16
in order to effectuate the Refunding, the issuance of the 2024 Bonds, or any other purposes of 648 this Ordinance. Pursuant to Indiana Code 5-1-14-18, in connection with the issuance of the 649
Refunding Bonds, the execution of the Refunding Bonds and any other contract, certificate or 650
other document executed and delivered by or on behalf of the City in connection with the 651 issuance of the Refunding Bonds, is authorized to be executed and delivered using electronic 652 signatures (as defined in Indiana Code 26-2-8-102(10), as amended), rather than manual 653 signatures, and any such Refunding Bonds or any other contract, certificate or other document 654
executed and delivered by or on behalf of the City in connection with the issuance of the 655
Refunding Bonds using electronic signatures shall be considered fully legal and valid for all 656 purposes and with the same force and effect as if the execution were performed with manual 657 signatures 658
SECTION 15. Construction with Other Ordinances. All ordinances, resolutions, and 659
orders or parts thereof in conflict with the provisions of this Ordinance are to the extent of such 660
conflict hereby repealed. After the issuance of the 2024 Bonds and so long as any of the 2024 661 Bonds or interest thereon remains unpaid, except as expressly provided herein, this Ordinance 662 shall not be repealed or amended in any respect which will adversely affect the rights of the 663 holders of the 2024 Bonds, nor shall the City adopt any law, ordinance or resolution which in 664
any way adversely affects the rights of such holders. 665
SECTION 16. Severability; Interpretation. If any section, paragraph or provision of 666 this Ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or 667 unenforceability of such section, paragraph or provision shall not affect any of the remaining 668 provisions of this Ordinance. Unless the context or laws clearly require otherwise, references 669
herein to statutes or other laws include the same as modified, supplemented or superseded from 670
time to time. 671
SECTION 17. Holidays, Etc. If the date of making any payment or the last date for 672 performance of any act or the exercising of any right, as provided in this Ordinance, shall be a 673 legal holiday or a day on which banking institutions in the City or the city in which the Registrar 674
or Paying Agent is located are typically closed, such payment may be made or act performed or 675
right exercised on the next succeeding day not a legal holiday or a day on which such banking 676 institutions are typically closed, with the same force and effect as if done on the nominal date 677 provided in this Ordinance, and no interest shall accrue for the period after such nominal date. 678
SECTION 18. Effectiveness. This Ordinance shall be in full force and effect from and 679
after its adoption and the procedures required by law. Upon payment in full of the principal and 680
interest respecting the 2024 Bonds authorized hereby or upon deposit of an amount sufficient to 681 pay when due such amounts in accord with the defeasance provisions herein, all pledges, 682 covenants and other rights granted by this ordinance shall cease. 683
684
685
686
687
688
17
PASSED by the Common Council of the City of Carmel, Indiana, this __ day of _________, 689 2024, by a vote of ______ ayes and _____ nays. 690
691 COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA 692 Anthony Green, President
Adam Aasen
Rich Taylor
Matthew Snyder
Jeff Worrell
Teresa Ayers
Shannon Minnaar
Ryan Locke
Anita Joshi ATTEST:
Jacob Quinn, Clerk
Presented by me to the Mayor of the City of Carmel, Indiana, this ____ day of ______________, 693
2024, at _____ __.M. 694
Jacob Quinn, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this ______ day of _______________, 695
2024, at _____ ___.M. 696 Sue Finkam, Mayor ATTEST:
Jacob Quinn, Clerk
697
698 Prepared by: Bradley Bingham, Esq. 699 Barnes & Thornburg LLP 700
11 South Meridian Street 701 Indianapolis, IN 46204 702
A-1
EXHIBIT A 703 704
DESCRIPTION OF PRIOR LEASES AND EQUIPMENT 705
706 [attached] 707
708
Exhibit A
Lease Name Leased Equipment Description Final Maturity
Outstanding
Principal Balance Rate
City
Department
Remaining
Proceeds to be
Drawn Annual Payment
2022 FT Schedule 1, Information Systems 2021 Chevy Silverado, Snowplow & HPE Aruba Switch 01/15/27 $63,979.51 3.50%ICS $0.00 $26,950.922022 FT Schedule 3, Police Police Vehicles (16) and Various Police Equipment 07/15/27 $490,809.58 3.65%Police $0.00 $174,210.822022 FT Schedule 5, Information Systems Security Cameras and Servers 01/15/28 $75,737.69 3.71%Information $0.00 $23,274.482023 FT Schedule 11, Police Police Vehicles (29)07/15/28 $1,109,413.48 5.13%Police $0.00 $310,312.16
2023 FT Schedule 13, Information Systems Genetec Security Surveillance Upgrade 07/15/28 $638,779.97 4.67%Information $0.00 $176,926.54
2023 FT Schedule 14, Brookshire Golf Lawn Equipment 07/15/28 $223,692.35 4.96%Brookshire $1,285.98 $62,342.36
2023 FT Schedule 17, Police Police Vehicle Equipment 07/15/28 $249,239.47 4.80%Police $0.00 $69,225.422023 FT Schedule 19, Information Systems Phones and Support 07/15/26 $107,003.00 5.40%Information $0.00 $57,160.942023 FT Schedule 20, City Council AV Equipment 07/15/28 $187,607.42 6.93%Information $17,488.37 $54,505.302023 FT Schedule 23 Brookshire Golf Golf Carts (68)01/15/31 $339,978.44 6.76%Brookshire $0.00 $65,499.76
2023 FT Schedule 25, Administration 2023 Chevy Silverado Truck 01/15/29 $50,997.38 6.83%Administration $0.00 $13,354.32
2023 FT Schedule 27, Administration Weapons Detection System for The Center of Performing Arts 01/15/29 $135,324.03 6.85%Administration $0.00 $35,452.72
2023 FT Schedule 28, Fire Turn Out Gear 01/15/29 $636,539.67 6.25%Fire $269,575.25 $164,460.98
2024 FT Schedule 30, Fire SCBA Airpacs 01/15/29 $1,304,934.59 6.03%Fire $0.00 $335,430.042024 FT Schedule 31, ICS Fiber Infrastructure at Clay Township Building 07/15/29 $299,246.51 6.31%ICS $0.00 $70,717.762024 FT Schedule 33, ICS Computer Equipment for ICS Office 07/15/29 $69,790.02 6.61%ICS $0.00 $16,618.74
2024 FT Schedule 34, ICS Genetec Servers and Aruba Switches 07/15/29 $650,475.66 6.64%ICS $83,360.00 $155,012.22
2024 FT Schedule 35, ICS Computer Equipment and Security Cameras 07/15/29 $76,571.81 6.62%ICS $26,940.81 $18,238.28
2024 FT Schedule 36, Police Police Vehicles with Equipment (22)07/15/29 $1,116,640.22 6.44%Police $85,488.87 $264,756.50
2024 FT Schedule 37, DOCS Ford F600 Box Truck, Tables (4), and Chairs (22)07/15/29 $152,419.11 6.87%DOCS $101,837.00 $36,534.182024 FT Schedule 38, ICS Computer and Video Equipment 07/15/29 $99,224.37 6.66%ICS $11,970.66 $23,657.742024 FT Schedule 40, ICS Audio Visual System for City Hall and CPD 01/15/30 $534,741.00 5.60%ICS $434,639.58 $124,099.50Total Leases to be Refinanced 8,613,145.28$ $1,032,586.52 2,278,741.68$
SPONSOR(S): Councilors Worrell, Minnaar, Joshi, Ayers and Taylor
This Ordinance was originally prepared by Benjamin J. Legge, City Attorney, on 10/1/24 at 10:17 AM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
ORDINANCE D-2745-24 1 2
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, 3 ADDING CHAPTER 6, ARTICLE 5, SECTION 6-84 TO THE CARMEL CITY CODE 4 5 Synopsis: Ordinance prohibiting reckless driving exhibitions. 6 7
WHEREAS, pursuant to Indiana Code Sections 36-1-3-4 and 36-1-3-6, the City of Carmel, Indiana 8
(“City”) is authorized and entitled to protect the public health, safety, and welfare, and to exercise its police 9 powers—Indiana Code § 9-21-1-3 also provides authority for the City to regulate standing or parking of 10 vehicles, to regulate traffic, and to regulate or prohibit processions or assemblages on the highways; and 11 12
WHEREAS, the use of a motor vehicle to engage in reckless driving exhibitions in the City’s 13
corporate limits results not only in unsafe traffic conditions for other vehicles, children, and pedestrians, 14 but also attracts rowdy, uncivil, intimidating, and criminal activity to the vicinity of such events, which 15 engenders fear and disinvestment among neighborhood residents and prevents the full and peaceful 16 enjoyment of the use of their property, or otherwise negatively impacts the health, safety, and welfare of 17
the community; and 18
19 WHEREAS, such reckless driving exhibitions can result in damage to persons and private property 20 and also public property, including the streets, which costs are born by the public and surrounding property 21 owners, and can also necessitate the assignment of City personnel or equipment to protect the health, safety, 22
welfare, and/or property of citizens; and 23 24 WHEREAS, such reckless driving exhibitions have been occurring with greater frequency, 25 including recent incidents in the Indianapolis area where streets and intersections were shut down to other 26 motor vehicles and public property was damaged; and 27
28 WHEREAS, reckless driving exhibitions are therefore declared to be a public nuisance where 29 action necessary to abate the public nuisance may be required, including the towing of the motor vehicles 30 connected to the nuisance; and 31 32
WHEREAS, the Common Council wishes to prohibit reckless driving exhibitions. 33 34 NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel, 35 Indiana, as follows: 36 37
Section 1. The foregoing Recitals are incorporated herein by this reference. 38
39 Section 2. Chapter 6, Article 5, Section 6-84 of the Carmel City Code is hereby added and shall 40 read as follows: 41
42
Ҥ 6-84 Reckless Driving Exhibitions Prohibited. 43 44 (a) Definitions: 45 Burnout. A maneuver performed while operating a motor vehicle whereby the motor vehicle is 46
kept stationary, or is in motion, while the wheels are spun, resulting in friction which causes the 47
motor vehicle’s tires to heat up and emit smoke. 48 Ordinance D-2745-24 49 Page One of Four Pages 50
SPONSOR(S): Councilors Worrell, Minnaar, Joshi, Ayers and Taylor
This Ordinance was originally prepared by Benjamin J. Legge, City Attorney, on 10/1/24 at 10:17 AM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
Doughnut. A maneuver performed while operating a motor vehicle whereby the front or rear of 51 the motor vehicle is rotated around the opposite set of wheels in a continuous motion which may 52
cause a circular skid-mark pattern of rubber on the driving surface and/or the tires to heat up and 53
emit smoke from friction. 54 55 Drifting. A maneuver performed while operating a motor vehicle whereby the motor vehicle is 56 steered so that it makes a controlled skid sideways through a turn with the front wheels pointed 57
in a direction opposite to that of the turn. 58
59 Participate. Any act done for the purpose of organizing, facilitating, participating in and/or 60 supporting a Reckless Driving Exhibition within the City of Carmel’s corporate limits, including 61 but not limited to: 62
1. Collecting or exchanging money or anything of value in connection with a Reckless 63
Driving Exhibition. 64 2. Riding as a passenger in a motor vehicle engaging in Reckless Driving Exhibition; 65 3. Causing or encouraging one or more motor vehicles to gather at a predetermined location 66 within the City of Carmel’s corporate limits in connection with a Reckless Driving 67
Exhibition; 68
4. Causing or encouraging one or more persons to gather on, or adjacent to a street, 69 highway, public property, parking garage, or parking lot in connection with a Reckless 70 Driving Exhibition; 71 5. Causing or encouraging one or more persons and/or motor vehicles to impede pedestrian 72
or vehicular traffic within the City of Carmel’s corporate limits by acts, words, or 73
physical barriers; 74 6. Standing or sitting in a location to act as a Reckless Driving Exhibition event official, 75 including but not limited to a starter, steward, or announcer; 76 7. Promoting a Reckless Driving Exhibition, including any advertising, posting, or sharing 77
the location of a Reckless Driving Exhibition or taking video or photographic images for 78
purpose of promoting and/or profiting from the event. 79 80 Reckless Driving Exhibition. The use of a motor vehicle to perform or engage in any Burnouts, 81 Doughnuts, Drifting, Wheelies, or other dangerous motor vehicle activity. 82
83 Wheelie. A maneuver performed while operating a motor vehicle whereby a motor vehicle is 84 driven for a distance with the front wheel or wheels raised off the ground. 85 86 (b) A Reckless Driving Exhibition is specifically declared to be a public nuisance. 87
88
(c) No person while operating a motor vehicle shall engage in a Reckless Driving Exhibition on any 89 street, highway, or public property within the City of Carmel’s corporate limits. 90 91
(d) It is unlawful for any person to Participate in a Reckless Driving Exhibition within the City of 92
Carmel’s corporate limits. 93 94 (e) Any Person who violates this Section shall be guilty of an ordinance violation punishable by a 95 fine of $250 for the first offense and a fine of $2500 for each subsequent offense. 96
97
98 Ordinance D-2745-24 99 Page Two of Four Pages 100
SPONSOR(S): Councilors Worrell, Minnaar, Joshi, Ayers and Taylor
This Ordinance was originally prepared by Benjamin J. Legge, City Attorney, on 10/1/24 at 10:17 AM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
(f) Any motor vehicle used in a Reckless Driving Exhibition as defined in this Section may be 101 towed at the direction of the Carmel Police Department to an area designated by the City at the 102
owner's expense. The owner shall also be required to pay any and all towing and storage fees 103
resulting from this action.” 104 105 Section 3. The remaining provisions of Carmel City Code Chapter 6 Article 5 are not affected by 106 this Ordinance and shall remain in full force and effect. 107
108
Section 4. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance 109 are hereby repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance, such 110 repeal to have prospective effect only. 111 112
Section 5. Should any provision or portion of this Ordinance be declared by a court of competent 113
jurisdiction to be invalid for any reason, the remaining provisions shall not be affected so long as they can, 114 without the invalid provision, be given the effect intended by the Common Council in adopting this 115 Ordinance. To this end, the provisions of this Ordinance are severable. 116 117
Section 6. This Ordinance shall be in full force and effect from and after its passage and signing by 118
the Mayor and such publication as is required by law. 119 120 121 122
123 124 125 126 127
128 129 130 131 132
133 (the remainder of this page is left intentionally blank) 134 135 136 137
138
139 140 141 142
143 144 145 146 147
148 Ordinance D-2745-24 149 Page Three of Four Pages 150
SPONSOR(S): Councilors Worrell, Minnaar, Joshi, Ayers and Taylor
This Ordinance was originally prepared by Benjamin J. Legge, City Attorney, on 10/1/24 at 10:17 AM. It may have been
subsequently revised. However, no subsequent revision to this Ordinance has been reviewed by Mr. Legge for legal sufficiency or otherwise.
PASSED by the Common Council of the City of Carmel, Indiana, this day of ________, 2024, 151 by a vote of _____ ayes and _____ nays. 152
153 COMMON COUNCIL FOR THE CITY OF CARMEL 154 155 156 Anthony Green, President Adam Aasen, Vice-President 157
158
159 Rich Taylor Matt Snyder 160 161 ______________________________ 162
Jeff Worrell Teresa Ayers 163
164 165 Shannon Minnaar Ryan Locke 166 167
______________________________ 168
Anita Joshi 169 170 ATTEST: 171 172
173
______________________________ 174 Jacob Quinn, Clerk 175 176 Presented by me to the Mayor of the City of Carmel, Indiana this day of 177
178
_________________________ 2024, at _______ __.M. 179 180 181 182
Jacob Quinn, Clerk 183
184 Approved by me, Mayor of the City of Carmel, Indiana, this day of 185 186 ________________________ 2024, at _______ __.M. 187
188
189 190 Sue Finkam, Mayor 191
ATTEST: 192
193 194 195 Jacob Quinn, Clerk 196
197
Ordinance D-2745-24 198 Page Four of Four Pages 199