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HomeMy WebLinkAboutD-1934-09 $20 ml./Keystone Ave ProjectSponsor: Councilor Snyder ORDINANCE D-1934-09 AS AIIIENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROPRIATING PROCEEDS OF AN INTERIM LOAN TO FINANCE PORTIONS OF THE KEYSTONE AVENUE PROJECT WHEREAS, pursuant to a Memorandum of Agreement for Transfer and Construction of S.R. 431 between the Indiana Department of Transportation ("INDOT") and the City of Carmel, Indiana (the "City"), executed by the City on October 3, 2007 and by 1NDOT on October 5, 2007 (the "State Agreement"), INDOT relinquished jurisdiction over portions of S.R. 431 described in Attachment A to the State Agreement (the "Relinquished Keystone Corridor") to the City, and agreed to pay the City a total of $90,000,000 in installments, with the last installment of $20,000,000 payable in 2010 (the "2010 Installment Payment"), in exchange for the City's assumption of responsibility for the Relinquished Keystone Corridor; and WHEREAS, by Ordinance D-1921-05 adopted by the Common Council of the City (the "Common Council") on February 16, 2009, the Common Council authorized an interim loan by the City, repayable from the 2010 Installment Payment and other legally available revenues of the City, to procure fiords to be applied to the construction and inspection of intersection improvements at 1101' Street and Carmel Drive on the Relinquished Keystone Corridor (the "Project"), and authorized the issuance of one or more notes (the "Notes") to evidence such loan; and WHEREAS, the proceeds of the Notes have not been included in the appropriations provided for in the existing budget and tax levy for the City, and the Common Council now desires to appropriate such funds.tobeapplied to costs of the Project; and WHEREAS, prior to final adoption of this Ordinance, notice of a hearing on said appropriation shall have been duly given by publication as required by law, and the hearing on said appropriation shall have been held, at which all taxpayers shall have had. an opportunity to appear and express their views as to such appropriation. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, as follows: Section 1. Appropriation. There is hereby appropriated into line item 920--Keystone Avenue--Non-Reverting Fund a sum not to exceed Twenty Million Dollars ($20,000,000) out of the proceeds of the Notes, together with all investment earnings thereon, for the purpose of providing- funds to be applied to the Project. Such appropriation shall be in addition to all appropriations provided for in the existing budget and shall continue in effect until the completion of the described purposes. Section 2. Authorization of Other Actions. The Mayor and the Clerk-Treasurer are hereby authorized to take all such actions and execute all such instruments as are necessary or VERSION A - 04/20/09 desirable to effectuate this ordinance, including the filing of a report of this appropriation with the Indiana Department of Local Government Finance. Section 3. Effectiveness. This Ordinance shall be in full force and effect from and. after its adoption by the Common Council and upon compliance with the procedures required by law. PASSED by the Common Council of the City of Cainiel, this aO_P_ day of , 2009, by a vote of -j ayes and r) nays. COIWMON COUNCIL OF TIIE CITY OF CARMEL, INDIANA P siding Officer Eric Seidenstic er; President Pro empore V n Accetturo Ronald E. Carter ATTEST: 9444--) ?' " - Diana L. Cordray, [AMC, Clerk-Trea Irer *ucnyde-- VERSION A-04/20/09 - 'IZ_14?11 1_?rl Richard L. Sharp V S? Presented by me to the Mayor of the City of Carmel this a l day of , 2009, at .;? '-55 -e.M. Diana L. Cordray, Approved by me, Mayor of the City of Carmel, Indiana, this ?day of , 2009, at q:L;-.M. mes Brainard, MayorBrainard, Mayor ATTEST: &A, Diana L. Cordray,lAMC, Clerk-T e surer Prepared by: Bruce D. Donaldson Barnes & Thornburg LLP 11 South Meridian Street Indianapolis, IN 46204 INDS01 uon 11 10463v4 VERSION A - 04/20/09