HomeMy WebLinkAboutCRC-04-2000 ERA Boundry Enlargement ApprovalRESOLUTION NO. O
DRAFT OF ` L °o
BONES b THORNBURG
RESOLUTION OF COMMON COUNCIL OF CITY OF CARNIEL, INDIANA,
APPROVING ENLARGEMENT OF BOUNDARIES .IN ECONOMIC
DEVELOPMENT AREA AND TAKING OTHER ACTIONS RELATED
THERETO
WHEREAS;'the City of Carmel Redevelopment Commission adoptedResolution No: on
February 7„2000 (tiie,"Commission Resolution"), which enlarged the boundaries in certain economic
development areas, pursuant to.Indiana-Code 36-7-14 (the "AC );•and
WHEREAS, Section 41 of. the Act requires the'iinit'_s legislative body to approve the
enlargement of any boundary inany.economic development area;
NOW, THEREFORE, BE IT RESOLVED BY TIT- COMMON COUNCIL OF CITY OF
CARMEL, 1TTDIANA, as;follows:
Section I., A royal of-Enlargement of Boundaries in Economic Development Area, The
Common, Council of the City' (the "Comnnon Council") hereby approves the, enlargements, of the
boundaries in the economic development areas set fort}i in the Commission Resolution.
Section 2.. Authodiationof Other Actions.. Each of the Mayoi, any member`of.the Common
Council and,the Clerk=Treasurer; and any other officer, employee or,agent of the City, is heieby
authorized and directed, for and on behalf,of the City, to execute and deliver' any contract; agreement;
certificate, instrument or other document and to take any action-as such person determines to be
necessary or appropriate ?to -accomplish the purposes oflhis: Resolution, such determination to be
conclusively evidenced by such person's execution of such.contract, agreement, certificate; instrument
or other document otsuch person's taking of-such action.
Section 3. This Resolution shall' be,infull force and.effect from and after its adoption.by the
Common Council and upon compliance with the procedure srrequired bylaw.
PASSED by the Common Council of the City of Carmel, Indiana; this _ day of February, 2000, by
a vote of ayes and _ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer
ATTEST:
Diana L. Cordray, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana, on this _ day of February, 2000, at
- o'clock a.m./p.m.
Diana L. Cordray, Clerk-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this _ day of February, 2000, at
o'clock a.m./p.m.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, Clerk-Treasurer
INOS01 NWS 356101,1
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RESOLUTION OF
CITY OF°CARMEL REDEVELOPMENT COMMISSION
,
ENLAAGINGBOUNDARIES OF'ECONOMIC.DEVELOPMENT.AREA;
CONSOLIDATING' ECONOMIC DEVELOPMENT AREAS,
ENLARGING,CONSOLIDATED ECONOMIC DEVELOPMENT AREA,
AMENDING PLANS FOR ECONOMIC DEVELOPMENT;AREAS
AND REDEVELOPMENT AREAS,.
ENLARGING. BOUNDARIES' OF ALLOCATION AREA, AND
TAKING ACTIONS RELATED;TITER -TO
W1-IEREAS, the City "of Carmel Redevelopment Commission (the. "Commission"), the
governing body of the City of Carmel Department of Redevelopment,(the "Department"),.adopted,
on. May,13,- T997,. Resolution No. 4-1997 and, on. June 1,6, 1997, Resolution No..8-1.9.97 (such
resolutions, collectively, the "1997, Pennsylvania Street Resolution"), pursuant to Indiana'Code 36=7-
14, as aniehded (the "Act"), approving a plan (the "1997 Pennsylvania Street Flan") for and
designating:the "Pennsylvania Street North Economic Development Area", described on Exhibit A'-1
hereto (the "Penn sylvania,Street.North Economic, Development, Area")', and the "Pe-msyivania
Street South`Econornic Development Area", descnbe&on,Exhi'bit A-2 hereto (the "Pennsylvania
Street South Economic Development Area");-and
WHEREAS', the.Commission adopted cnMay 13,1997, Resolution No 5-'1997'anch on7uge
'16,1997, Resolution No. 9=1997 (such resolutions, collectively; the "1997 Old Town Resolution"),
pursuant to the Act;, approving a plain (the "1997 Old Town Plan") for and designating the "Old
Town Economic Development Area", described on Exhibit B hereto (the,"Old.Town Economic
Development area"); and
'WHEREAS, the Comntissibn adopted, on May 13„1997, Resolution No.-6- 1997 and. on June
16, 1997, Resolution No. 104997 (such,resolutions, collectively, the "1997 126th'Street,Corrdor
Resolution"), pursuant-to the Act'approving,a plan (the" 1997 126th.Strei9tCorridor Plan") for and
designating the "126th Street Corridor: Economic Development Area", described on Exhibit G1'
hereto (the "1997 126th Street Corridor-.Economic Development Area'');,and
WHEREAS, the Commission adapted„on January 15,1998; Resolution Nc.2-1998 and, on
February 17, J998, ResolutibnNo. 9-1998 (such_resolutions, collectively, the "1998 126th Street
Corridor Re501ution"), pursuant to the Act, approving an amended' plan (the "1998. 126th Street
Corridor Plan") for and, designating the "Amended' 126th Street Corridor Econorriic'Development
Area', described on Exhibit C-2 hereto (the "1998 126th Street'Corridor Econotnic',Development
Area"), and designating the 1998 126th Street Corridor,Economic Development Area an, "allocation
area" (the: "1998. 126th Street Corridor Allocation Area") to provide for the allocation and
distribution of property taxes for the,piuposes:and'in the.mannerprovided,in Section.39 oftheAct;
and
WHEREAS,'the Commission adopted, on January, l5, 1998, Resolution No. 3-1998:and, on
February 17;,,1998, Resolution No: 10-1998 (such resolution's, collectively, the "1998 City Center
Resolution"), pursuant to the Act, approving a plan (the "1998 City Center Plan") for and
designating the "City Center Redevelopment Area", described on Exhibit D hereto (the "City Center
Redevelopment Area"), and designating the City Center Redevelopment Area an "allocation area"
to provide for the allocation and distribution of property taxes for the purposes and in the manner
provided in Section 39 of the Act; and
WHEREAS, Section iT5 of the Act permits the amendment of a resolution designating a
redevelopment area or an economic development area and the amendment of a plan for such an area;
and
WHEREAS, it has been proposed that the boundaries of the 1998 1261h Street Corridor
Economic Development Area be amended to include the area of the City of Carmel, Indiana (the
"City"), identified on Exhibit E hereto as "Expansion Area #2" (such area, "Expansion Area #2")
(the 1998 126th Street Corridor Economic Development Area, as amended to include Expansion
Area #2, the "1998 126th Street CcnidorlExpansion Area #2 Economic Development Area"), and
there has been presented to this meeting for consideration and approval of the Commission a plan
therefor, included in the plan entitled "Integrated Economic Development Plan & Amended
Redevelopment Plan" (the "Integrated and Amended Plans"); and
WHEREAS, it has been proposed that (i) the 1998 126th Street Corridor/Expansion Area #2
Economic Development Area, (ii) the Pennsylvania Street North Economic Development Area and
(iii) the Pennsylvania Street South Economic Development Area be consolidated into a single
economic development area under the Act (such area, the "I998 126th Street Corridor/Expansion
Area #21Pennsylvania Street Nonh/Pennsylvania Street South Economic Development Area"), and
there has been presented to this meeting for consideration and approval of the Commission a plan
therefor, included in the Integrated and Amended Plans; and
WHEREAS, it has been proposed that the boundaries of the 1998 126th Street
Corridor/Expansion Area 92/Pennsylvan ia Street North/Pennsylvania Street South Economic
Development Area'be amended to include the areas of the City identified on Exhibit F. hereto as
"Expansion Area #1° (such areas, collectively, _'Expansion Area #1") (the 1998 126th Street
Corridor/Expansion Area #2/PennsylvaniaT5treet North/Pennsylvania Street South Economic
Development Area, as amended to include Expansion Area #1, the "Integrated 126th Street Corridor
.Economic Development Area"), and there has been presented to this meeting for consideration and
approval of the Commission a plan therefor, included in the Integrated and Amended Plans; and
WHEREAS, the Commission has caused to be prepared: (a) maps and plats showing the
boundaries of the 1998 .126th Street Corridor/Expansion Area#2 Economic Development. Area, the
1998 126th Street Corridor/Expansion Area 92/Pennsylvania Street North/Pennsylvania'Street South
Economic Development Area and the Integrated 126th Street Corridor Economic Development Area,
the location of the various parcels of property, streets, alleys and other features affecting the
acquisition, clearance, replattng, replanning, rezoning or redevelopment and the economic
development of the 1998 126th Street Corridor/Expansion Area #2 Economic Development Area,
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the 1998:126th Street Corridor(EzpansionArea 02/Pennsylvania,Street Nlorth/Pennsylvania Street
South Economic Development Area and the Integrated 126th Street Corridor Economic
Development. Area, indicating any parcels of property to be excluded from the acquisiiion, and
showing the parts of the.1998 126th.StreetCorridor/Expansion Area #2 Economic Development
Area, the 1998 125th Street Corridor/Expansion .Area, #2/Pennsylvania,Street North/Penrisylvariia
Street South`Eeonomic Development Areaand the Integrated'126th Street Corridor Economic
Development Area acquired that.-are to be devoted to public ways; levees, sewerage, parks,
playgrounds and other public purposes under the Integrated and Amended Plans; (b) list of the
ownersofthe various pareel`s of'property.yroposed.to be acquired; and. (c) an estimate of the cost'of
acquisition, redevelopmenvand' economic,development; and
WHEREAS, the.1mcgrated and Amended-Plans enlarge the original boundaries of the'l 998
126th Street Corridor Economic Development Area by not more than 20%; and
WHEREAS, it has been proposed that the boundaries- of:the 1998, 126th Street Corridor
Allocation Area be amended to include the areas of the City described on Exhibit F-hereto (such
areas, the "Additional Allocation, Area") (the 1998 126thStreet Corridor Allocation Area, as
amended ;t'o,include theAdditional AllocationArea; the"Integrated126thStreet CorridorAllocation
Area"), and
WHEREAS„ pursuant to,Section 17.5 of the Act; the Commission published notice of a
public hearing on thisrResolufion and the Integrated and Amended PIans; and sent a copy ofsuch
notice by first class mail to any affected neighborhood associations and to any persons owning
property, that ,'is in the proposed enlargement of. the 1998 `126th Street Corridor Economic
Development ,Area or the 126th Street C.orridor7Exp4nsion Area #2/Pennsylvania .-Street
North/Pennsylvania Street South.Econornic Development Area or'that is proposed.to be added to
the.acquisifiori list; and filed a copy of s"hMotice in the offices of_the,City's pion ,commission,
board cf,zoning appeals, works board, park board and building commissioner; and any, other
departments, bodies or officers oftthe City having to do ,% th City'planning,,variances from zoning
ordinances, land use or"the issuance`of building permits; and
WHEREAS, pursuant to Section 17(c) of the.Act„'the Comrnission.filed a copy of,such
notice; together with a statement disclosing the`impact of the, Additional'Allocation Area,, With each
taxing, unit that.is wholly.or partly located'Mthin the. Additional Allocation. Area; and.
WHEREAS, at the public hearing held by the Commission on February 7; 2000; at 5:00 P.m,
(local tine), at the.Caucus Room ofthe-Carmel City Hall, One Civic Square; Carmel, Indiana„ the.
Commission heard,all:persons interested in or-affected'by the proposed projects set forth in the
Integrated and Amended Plans; or the proceedings pertaining (hereto, and received any written
remonstrances and objections that had been filed, and considered such remonstrances, and objections,.
and all other evidence presented. and
WHEREAS, the Integrated and Amended Plans and supporting data were reviewed and
considered at this meeting; and
WHEREAS,- the Commission has given consideration to transitional and permanent
provisions for adequate housing for any residents of the Integrated 126th Street Corridor Economic
Development Area, the Old Town Economic Development Area and the City Center Redevelopment
Area who will be displaced by the projects contemplated by the Integrated and Amended Plans;
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment
Commission, the governing body of City of Cartel Department of Redevelopment, as follows:
1. The Commission hereby finds that: {a) the amendments to the 1997 Pennsylvania
Street Resolution and the 1997 Pennsylvania Street Plan effected by this Resolution and the
Integrated and Amended Plans are reasonable and appropriate when considered in relation to the
1997 Pennsylvania Street Resolution and the 1997 Pennsylvania Street Plan and the purposes of the
Act; and (b) the 1997 Pennsylvania Street Resolution and the 1997 Pennsylvania Street Plan, with
the proposed amendments thereto effected by this Resolution and the Integrated and Amended Plans,
conform to the comprehensive plan of the City.
2. The Commission hereby finds that: (a) the amendments to the 1997 Old Town
Resolution and the 1993 Old Town Plan effected by this Resolution and the Integrated and Amended
( Plans are reasonable and appropriate when considered in relation to the 1997 Old Town Resolution
and the 1997 Old Town Plan and the purposes of the Act; and (b) the 1997 Old Town Resolution and
the 1997 Old Town Plan, with the proposed amendments thereto effected by this Resolution and the
Integrated and Amended Plans, conform to the comprehensive plan of the City.
3. The Commission hereby finds that: (a) the amendments to the 1997 126th Street
Corridor Resolution and the 1997 126th Street Corridor Plan effected by this Resolution and the
Integrated and Amended Plans are reasonable and appropriate when considered in relation to the
1997 126th Street Corridor Resolution and the 1997 126th Street Corridor Plan and the purposes of
the Act; and (b) the 1997 126th Street Corridor Resolution and the 1997 126th Street Corridor Plan,
with the proposed amendments thereto effected by this Resolution and the Integrated and Amended
Plans, conform to the comprehensive plan of the City.
4. The Commission. hereby finds that: (a) the amendments to the 1998 1.26th Street
Corridor Resolution ahd the•1998 126th Street Corridor Plan effected by this Resolution and the
Integrated and ?.mended' Plans are reasonable and appropriate when considered in relation to the
1998 126th Street Corridor Resolution and the 1998 126th Street Corridor Plan and the purposes of
the Act; and (b) the`1998, 126th,Street Corridor Resolution and the 1998 126th Street Corridor Plan,
with the proposed amendments thereto effected by this Resolution and the Integrated and Amended
Plans, conform to the comprehensive plan of the City.
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5!, The Commission hereby finds. that: (a), the amendments to the 1998 City Center
Resoiution and'the 1998 City Ceitter'Plan effected by this -Resolution and the Integrated. and
Amended Plans are,reasonable and appropriate when considered in<relation to,the 1998 City Center
Resolution and the 1998 City Center Plan and the purposes of the Act; and (b)athe 1998 City Center
Resolution and the..1998 City, Center Plan-, with the,proposed.amendments.theretb effected'by,this
Resolution and`thedntegrated and,Amended`Plans; conform to the comprehensive plan of the City.
6. In.support`of4he findings, set forth in Sections 1 through 5 hereof, the Commission
hereby adopts the specific findings set-forth,in the Integrated and Amended Plans, includihg,any
repo rts,•studies and.plans incorporated therein by reference.
7. -Based upon, the findings set forth:in Sections l through 6 hereof„the,Commission
amends the boundaries bf the'1998 126th Street-Corridor Economic Development Area to include
Expansion-Area '#2„and hereby' determines, designates and declares that the 1998 '126th Street
Corridor/Expansion Area #2 Economic'Development,Area is an "economic development,area"
within the meaning of.the Act.
8. The, general boundaries of the 1998 .126th Street Corridor7E'xpansion Area #2
Economic-Development Area are those-sei.forth in Exhibits.C=2 and E hereto. T'he Department
proposes to acquire the interests in the land within the boundaries of the 1998 126th :Street
Corridor/Expansion Area 92 Economic Development Area as set forth in the Integrated and
Amended Plans,,with such exceptions as are set forth in the Integrated, and Amended Plans.
9: Based upon the findings, amendments; determinations, designations and declarations
setTorth in'Section I through 8 hereof, the Commission hereby consolidates (i) the 1998126thStreet
Corridor/Expansion Area #2"Economic Development-.Area, (ii) the Pennsylvania-Street North
EconomicDeVelgpment Area and (iii)the Pennsylvania Street South Economic Development Area
into a single °ecortamic"development area" under "the-Act,-,and hereby determines; designates and
declares 'that the 1998 126th, Street Corridor/Expansion Area 42/Peruisylvania Street
North/Pennsylvania,Streei South Economic Development Area is an "economic development area"
within the;nieahing ofthe act,
10. The general boundaries of the;126th StreetCorridor/Expansion Area '12/Pennsylvania
Street North[PennsyipaniaStreet South`EconomicDevelopment Area are those _set orth.in Exhibits
A-1, A-2, C=2 and E hei eto- The Department proposes to acquire the interests in; the land Within the
boundaries'ofthe 126th Street Corridor/Expansion Area #21/Pennsyl'vanta Street Nort h/Par insylvania
Street South Economic„Development Area as set forth in the Integrated and Amended Plans, with
such exceptions as are set forth in°the:infe`grraied and Amended'Plans.
-14; Based upon the findings; amendments;,determinations; designations and declarations
set forth in Sections l through 10: hereof, the Commission'hereby amends the,boundaries of the
.126th Street Corridor/Ezpansion.Area #2/Pennsylvania Street North/Pennsylvania,Strest South
Economic Development Area to include Expansion Area 0 4,, and hereby determines, designates and
declares that the Integrated 126th Street Corridor Economic Development Area is an "economic
development area" within the meaning of the Act.
12. The general boundaries of the Integrated 126th Street Corridor Economic
Development Area are those set forth in Exhibits A-1, AA=2, C=2 and E hereto. The Department
proposes to acquire the interests in the land within the boundaries of the Integrated 126th Street
Corridor Economic Development Area as set forth in the Integrated and Amended Plans, with such
exceptions as are set forth in the Integrated and Amended Plans.
13. The Commission hereby determines and declaresthatthe proposed projects described
in this Resolution and the.Integrated and Amended Plans will be of public utility and benefit.
14. The 1997 Pennsylvania Street Resolution, the 1997 Old Town Resolution, the 1997
126th Street Corridor Resolution, the 1998 126th Street Corridor Resolution and the 1998 City
Center Resolution are-hereby amended to accord with this Resolution and the Integrated and
Amended Plans. The 1997 Pennsylvania Street Plan, the 1997 Old Town Plan, the 1997 126th
Street Corridor Plan, the.1998 126th Street Corridor Plan and the 1998 City Center Plan are hereby
amended to accord with this Resolution and the Integrated and Amended Plans. The Integrated and
Amended Plans are hereby in all respects approved and adopted, and the secretary of the
Commission is hereby directed to file a certified copy of the Integrated and Amended Plans with the
minutes of this meeting.
15. The Commission hereby amends the boundaries of the 1998 126th Street Corridor
Allocation Area to include the Additional Allocation Area. The Additional Allocation Area is
hereby designated as an "allocation area" pursuant to Section 39 of the Act for purposes of the
allocation and distribution of property taxes for the purposes and in the manner provided by said
Section 39. Any real property taxes subsequently levied by or for the benefit of any public body
entitled to a distribution ofpropertv taxes on taxable property in the Additional Allocation Area shall
be allocated and distributed as follows:
Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the
lesser of (a) the assessed value of the property for the assessment date with respect to which the
allocation and distribution is made or (b) the base assessed value shall be allocated to and, when
collected, paid into the funds of the respective taxing units. Except as otherwise provided in said
'Section 39, property tax proceeds in excess of those described in the previous sentence shall be
allocated to the redevelopment district and, when collected, paid into an allocation fund for the
Integrated 126th Street Corridor Allocation Area that maybe used by the redevelopment district only
to do one or more of the things specified in Section 39(b)(2) of the Act, as the same may be amended
from time to time. Said allocation fund may not be used for operating expenses of the Commission.
Except as otherwise provided in the Act, before July 15 of each year, the Commission shall take the
actions set forth in Section 39(b)(3) of the Act.
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-16. Thc.foregoinizallocationpToVisibiishali apply to all of thbAdditional Allocatioh Area
and shall expire on January-16,2028.
17: TheIntegr9ted'126th Street Corridor Allocation.Area is hereby designated as the
"Integrated 126th Street Corridor Economic DevelopmentM16cation Area". and said allocation' fund
is>herdby designated as the "Integrated 126th Street Corridor Economic Development Allocation.
Area Fund."`
18. Nothing contained in this Resolution shall he construed to affect any "base
assessment"' or "base assessment date' (as such.'terms are defined in 50 I.A.C. §' 8 1) for any
allocation area designated in the 1998 126th,Street Corridor Resolution or the 1998 City Center
Resolution.
19. Each officer of the Cornmission is-hereby authorized and direcied.io make any and
all required filings with the.Indiana State Board of Tax Commissioners and the Hamilton: County
Auditor in connection with the Additional Allocation Area.
26. The.provisicns of,this Resolution shall-be subjectin all respects'to the-Act and any
amendments thereto.
21. This Resolution, together with any supporting, data, including the lntegrated'-and
AntendedYtans, sball.be subirutted to the Common Council of the City (the: `.`Common Council')
for approval by the Common Council ofthe enlargement of the boundaries ofthe 1998126th Street-
Corridor Economic Development Area and the 1996 '126th Street Corridor/Expansion Area
#2/Pennsylvania Street?North/Pennsylvania Street South Economic Development Area..
22: Each officer of the Corrimission'is hereby authorized and directedfor--and on.behalf
of the Commission, to take any, action determined by such officer to be necessary or appropriate to
effect this Resolution,. such determination to be conclusively eyhdenced•by such officer's having
taken such action; and anysuch.action heretofore taken is. hereby ratified and approved:
23. This Resolution shall be,effective upon its adoption.
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Adopted this 7th day of February, 2000.
CITY OF CARIv1EL REDEVELOPMENT
COMMISSION
Prudent
Vice President
omomk
Secretary
-lMember
INDSN tiwS 357106v1