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HomeMy WebLinkAboutD-1949-09 Keystone Ave. Claims Approval SPONSOR(s) Councilor(s) Accetturo, Seidensticker Sharp and Snyder ORDINANCE D- 1949 -09 AS AMENDED AN ORDINANCE OF TILE COMMON COUNCIL OF THE CITY OF CARMEL INDIANA, AMENDING CARMEL CITY CODE CHAPTER 2, ARTICLE 4 SECTION 2 -129 (b)(41(a)(b), NON REVERTING KEYSTONE AVENUE IMPROVEMENT FUND #920 WHEREAS, the City has acquired from the Indiana Department of Transportation INDOT') that portion of State Road 431 "Keystone Avenue') that extends from its southern terminus at the southem boundary of 96 Street northward to its northern terminus located approximately three thousand four hundred (3,400) feet north of 136 Stieet, and WHEREAS, as consideration for the transfer ot jurisdiction and control of Keystone Avenue fiom INDOT to the City, INDOT has agreed and the City has received Seventy Million dollars (570,000 000) of the Ninety Million dollars ($90,000,000 00), and WHEREAS, it will be necessary and in the public interest for the City to make significant design, construction, repair and operational improvements to the Keystone Avenue Project and WHEREAS, a request was made to the State of Indiana to clarify the process and procedures established in Ordinance D 1871 07 As Amended NOW, TIIEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana as follows Section 1 The foregoing Recitals are fully incorporated herein by this reference Section 2 That Chapter 2, Article 4, Section 2 129(b)(4)(a)(b), of the Carmel City Code is hereby amended pursuant to a letter from the State Board of Accounts dated June 4, 2009 declanng Section 2 129(b)(4)(a) null and void as it violates IC 5 11 19 1 6(c) Section 2 129(6)(4) shall read as follows 4 The funds in the Non Reverting Keystone Avenue Improvement Fund shall be used exclusively for the purpose of building improving or maintaining Keystone and for any improvements to connecting or local roads and intersections to accommodate vehicular traffic load and diversion attributable to the improvement of Keystone and consistent with this Section All invoices or other bills to be paid from the Non Reverting Keystone Improvement fund shall be first approved by the city engineer as the person who receives the goods and services pursuant to IC 5 11 10 1 6 The fiscal officer of the City of Carmel shall then audit and certify pnor to payment that said invoices or bills are true and correct and shall then place said bill or invoice on the list of claims to be presented to the legislative body of the City of Carmel for approval all in accordance with IC 511 1016 VFRSION A 8/17/09 1 Section 3 That the remaining provisions of Carmel City Code Chapter 2 Article 4 are not affected by this Ordinance and remain in full force and effect Section 4 If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid such decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can be given the same effect Section 5 This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and such publication as is required by law PASSED by the Common Council of the City of Carmel, Indiana this 1� day of 2009 by a vote of 7 ayes and a nays CO ON COUN FOR T 4 CITY ft,ct Pr iding Officer 0 �T aAC L✓ /r `�C W En cSeide 'ticker, Pr yt Pro Tempore K-vin Rider V 1 V ccettui. Riches L har i ii Ronald E Carter nyder A ST Diana L Cordray, IAMC, crk Treasurer t Presentyjby me to the Mayor of the City of Carmel Indiana, at ID 17 o clock A- M on the Sr' 1 day of U-lag s a t 2009 4 i Diana L Coidray, IAMC Cley Treasurer Approved me Mayor of the City of Carmel, Indiana, at 10 33 o' ock ft M on this Iq day of 2009 W s Brainard Mayor ATTEST^ Diana L Cordray IAMC, Cler :surer PREPARED BY Diana L Cordray Clerk lrtasurer Cory of Cannel 2