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HomeMy WebLinkAboutCRC-4-2003/ROW Various Intersections? F RESOLUTION NO. /V-;Z943 RESOLUTION OF TAE CITY OF CARMEL REDEVELOPMENT COMMISSION, MAIUNG PRELIMINARY DETERMINATION TO ENTER INTO LEASE WHEREAS, the City of Carmel Redevelopment Commission (the "Commission") has given consideration to finance all or a, portion of the acquisition of right-of-way for and construction of (a) various intersection improvements in the City of Carmel, including improvements to the following intersections: (i) 136th Street and Oak Ridge/Illinois, (ii) 14151 Street and Springmill Road, (iii) 1415` Street and Ditch Road, (iv) 136th Street and Ditch Road, (v) 1315` Street and Meridian Comers Boulevard, (vi) Oak Ridge/Eglin/Rohrer just north west of US 31, and (vii) 96th Street and Westfield Boulevard; (b) various road, curb, drainage and landscaping improvements to existing roads.in the City of Carmel, including the following: (i) Oak Ridge from 136'h Street to 146`h Street; (ii) 136`h Street from Ditch Road to Oak Ridge; (iii 136th Street. from Oak•Ridge to Eglin/Rohrer; (iv) Springmill Road from 131St Street to 146. Street; (v) Ditch Road from 136th Street to 146`h' Street, (vi) Gray Road from 96th Street to 106th Street, and (vii) Westfield Boulevard from 98th Street to 96' Street; and (c) various sidewalk improvements in. the City of Carmel, including improvements to the west side of Rohrer Road from Eglin (US 31) to 146th Street (clauses (a) through (c), collectively, the "Projects"); and WHEREAS, pursuant to Indiana Code §6-1.1-26-3.1, .if the Commission proposes to impose property taxes to pay lease rentals on any construction, renovation, improvement, remodeling;. alteration or expansion Projects, which is not.excluded under Indiana Code §6-1.1- 204.1, it must conduct a public hearing on the preliminary determination to proceed with such Projects prior to the Commission's adopting any resolution making a preliminary determination to enter into a lease; and WHEREAS, notice of said hearing has been given in accordance with Indiana law; and WHEREAS, interested people have been given the opportunity to present testimony and ask questions concerning the Projects, and this Commission has heard public input at a public hearing held this date.concerning the Projects; and WHEREAS, the Commission, being duly advised, finds that it is in the best, interests of the City of Carmel (the !`City") and its citizens for the.purpose of financing all or any portion of the Projects to enter into negotiations with the City of Cannel Redevelopment Authority (the "Authority") to enter_into,a lease with the Authority (the "Lease"), as lessor, for all or a portion of the Projects, in order to better serve the residents of the City; and WHEREAS, the form of proposed Lease has been presented to the Commission at this meeting; and WHEREAS, after the public hearing the Commission may adopt a resolution pursuant to IC 36-7-14-25.2 authorizing the execution of the proposed Lease on behalf of the City if it finds that the service to be provided throughout the term of the proposed Lease will serve the public purpose of the City and is in the best interests of its residents, and that the Lease rentals provided for are fair and reasonable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CARMEL REDEVELOPMENT COMMISSION, AS FOLLOWS: I. The Commission hereby makes a preliminary determination that there exists a need for the Projects. Accordingly, the Commission hereby makes a preliminary determination that to the extent permitted.by law the Commission will take all of the necessary steps to enter into a lease with the Authority pursuant to which the Authority and the Commission will finance all or a portion of the Projects. The Commission and the Authority will finance all or a portion of the Projects through one or more series of bonds issued by the Authority (the "Bonds") and other funds of the District or the City. The proposed lease with respect to the Projects will have a term no longer than twenty-two (22) years, and in no event will the final term on the proposed lease end any later than January 15, 2026. The estimated interest rate that will be paid. in connection with the Bonds is 5.70% per annum, and the total interest cost associated therewith is $25,546,184. Including interest costs, the maximum annual lease rental to be paid by the Commission under the proposed lease is $3,293,000, and the maximum lease rental over the term of the lease is $67,832,000. The Commission's lease payments under such lease will be payable from a special tax levied and collected by the Commission on all taxable property within the geographical boundaries of the City of Carmel Redevelopment District pursuant to Indiana Code § 36-7-14-27. The Commission may, but is not required to, pay the lease payments under such lease from any other revenues legally available to the Commission. 2. A notice of the foregoing preliminary determination that to the extent permitted by law the Commission will take all of the necessary steps to enter into a lease to finance all or a portion of the costs of all or a portion of the Projects shall be given in accordance with Indiana Code §6-1.1-20-3.1. 3. The Commission hereby approves the proposed Lease between the Authority and the Commission in the form presented at this meeting. The Commission hereby sets the public hearing on the Lease for Monday, September 15, 2003, at 6:00 p.m., at the Offices of the City Hall Caucus Rooms, located at One Civic Square Drive, Carmel, Indiana. The Commission hereby authorizes the publication of a notice of the public hearing on the Lease pursuant to IC 5- 3-1. 4. Any and all actions previously taken by any member of the Commission or the Clerk-Treasurer of the City in connection with the foregoing preliminary determination, including, but not limited to, publication of the notice of the.public hearing held in connection with such preliminary determination, be, and hereby are, ratified and approved. 5. This Resolution- shall be in full force and effect immediately upon adoption. DULY PASSED on this 13`h day of August, 2003, by the City of Carmel Redevelopment Commission. CITY OF CARMEL REDEVELOPMENT COMMISSION President )ice Secretary Member Member. eveC/ °PPC- Pl" JNMS01 KW 391973,1