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HomeMy WebLinkAboutD-1995-10 Thompson Interlocal City/Hamilton Co./HC Redev. Comm./96th/SR 421 EDAr7A ORDINANCE D- 1995 -10 SPONSOR: Councilor Snyder AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36 -1 -7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36 -1 -7 -2 authorizes the Common Council to approve such "interlocal agreements;" and WHEREAS, the "Interlocal Agreement" by and among the City of Carmel, Indiana; Hamilton County, Indiana; and the Hamilton County Redevelopment Commission pertaining to the use of tax increment funds from the Thomson Consumer Electronics Economic Development Area and the 96 Street -U.S. 421 Economic Development Area, a copy of which is attached hereto and incorporated herein as Exhibit A "Interlocal Agreement is in the best interests of the City of Cannel and its residents. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing. Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. The Clerk Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36- 1 -7 -6. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana this t d o day of June, 2010, by a vote of 40 ayes and Q nays. 1 2010028337 ORDINANCE $73.00 06/25/2010 09:15:56A 31 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented I IIIIII Lill I 1111111111111 IIN 1 11111 I IIHIIIIIIIIIIIIIN IIl Pr Richard fi Sharp P i Ro ald E. Carter COMMON COUNCIL FOR THE CITY OF C ident Pro Tempore ATTES Diana L. Cordray, IAMC, Cler teas rer Presented by me to th the Q of June, 2010. v Approved by me, Mayor of the City of Carmel, Indiana, at Co' o'clock P m. this cat day of June, 2010. ATTEST: Diana L. Cordray, IAMC, Clerk- Tre sur r The document was prepared by Michael A. Howard, Hamilton County Attorney Kevin Rider W. "Eri riffiths J d Y ,P Es c.� N r f eide ticker, uci yder of the City of Carmel, Indiana, at to b 3 o'clock P m. on 2 Diana L. Cordray, IAMC, Clerk- Treas4rer s Brainard, Mayor affirm, under the penalties for perjury, that i have taken reasonable care to redact each Social Security numbe in this document, unless required by law.' Name RESOLUTION NO. 05- 24 -10 -03 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF HAMILTON COUNTY, INDIANA, APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36 -1 -7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36 -1 -7 -2 authorizes the Board of Commissioners to approve such "interlocal agreements and WHEREAS, the Interlocal Agreement by and among the City of Carmel, Indiana; Hamilton County, Indiana; and the Hamilton County Redevelopment. Commission pertaining to the use of tax increment funds from the Thomson Consumer Electronics, Inc., Economic Development Area and the 96 Street -U.S. 421 Economic Development Area, a copy of which is attached hereto and incorporated herein as Exhibit A "Interlocal Agreement is in the best interests of Hamilton County, Indiana, and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HAMILTON COUNTY, INDIANA, THAT; Section 1, The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Board of Commissioners of Hamilton County, Indiana, Section 3. The Auditor is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36- 1 -7 -6. Section 4. This Resolution shall be in full force and effect: from and after the date of its passage execution by the Board of Commissioners and such publication as is required by law. ALL OF WHICH IS RESOLVED by the Board of Conithissioners of Hamilton County, Indiana, this 24 day of May, 2010. ATTEST: Dawn Coverdale BOARD OF COMMISSIONERS OF HAMILTON COUNTY Steven C. Dillinger Steven A. Holt G C istine Altman AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL AND HAMILTON COUNTY CONCERNING THE OF EXPENSES FROM THE THOMSON CONSUMER ELECTRONICS. INC., CLAY TOWNSHIP ECONOMIC DEVELOPMENT AREA, AND THE ISSUANCE OF BONDS AND PAYMENT OF EXPENSES FROM THE 96TH STREET -US421 ECONOMIC DEVELOPMENT AREA Document Cross Reference No. 9133525 200000052067 This Interlocal Agreement entered into as of May 24, 2010, by and among the Board of Commissioners of Hamilton County "the Commissioners and the Hamilton County Council "the Council acting on behalf of Hamilton County, Indiana, "the County the Hamilton County Redevelopment Commission "the Commission and the City of Carmel "the City WHEREAS, the Hamilton County Redevelopment Commission on the 17th day of April, 1990, passed a Declaratory Resolution No. 4- 17 -90, which established the Thomson Consumer Electronics, Inc., Clay Township, Economic Development Area "the Thomson Area and WHEREAS, the Declaratory Resolution for the Thomson Area approved the Economic Development Plan "the Plan which Plan contained specific recommendations for construction of local public improvements to enhance economic development in the Thomson Area; and, 1 WHEREAS, the Declaratory Resolution was confirmed by the Commission on the 16th day of April, 1991, after the approval of the Plan by the Carmel Plan Commission and the Hamilton County Board of Commissioners; and, WHEREAS, on the 3 day of March, 2005, the Commission made a finding that the Indianapolis Executive Airport "the Airport is public infrastructure which enhances economic development opportunities within all of Hamilton County and specifically benefits economic development within, and near, the Thomson Area as shown in the January 19, 2005, report of the Indianapolis Executive Airport, which is attached hereto and marked as Exhibit A; and, WHEREAS, the Plan for the Thomson Area was amended by the Commission on the 3 day of March, 2005, "the First Amendment pursuant to Resolution No. 3- 3 -05 -A to include payment of the cost of certain public improvements to the Airport and costs of construction the round -a -bout at 106th Street and Springmill Road; and, WHEREAS, the First Amendment also amended the Plan for the Thomson Area to permit the Commission to pay up to One Million Four Hundred Thousand Dollars ($1,400,000) of the County's acquisition costs for the Airport which amount has not been paid by the Commission, but was paid by the County; and, WHEREAS, the Plan for the Thomson Area was further amended by the Commission on the 25th day of August, 2005, "the Second Amendment pursuant to Resolution No. 8- 25 -05 -A, to include payment of the costs of Illinois Street north of 116th Street; and, WHEREAS, pursuant to an Interlocal Agreement approved by the Common Council of the City on August 15, 2005, the Commission issued the Hamilton County Redevelopment District Tax Increment Refunding Revenue 2 Bonds of 2005 on November 5, 2005, in the amount of Five Million Six Hundred Sixty Thousand Dollars ($5,660,000) "the 2005 Bonds and later issued the Hamilton County Redevelopment District Tax Increment Revenue Bonds of 2006 on March 16, 2006, in the amount of Nineteen Million Eighty Thousand Dollars ($19,080,000) "the 2006 Bonds and, WHEREAS, the proceeds of the 2005 Bonds and 2006 Bonds were used to pay the some of the costs of the projects identified in the First Amendment and all of the costs identified in the Second Amendment; and, WHEREAS, since the time of the creation of the Thomson Area, the City has annexed all of the real estate within the Thomson Area; and, WHEREAS, the Allocation Fund for the Thomson Area "the Thomson Fund held by the Hamilton County Auditor, presently has a balance of approximately Five Million Eight Hundred Forty -nine Thousand Dollars ($5,849,000) in excess of the amount required in the principal and interest accounts, and the amount required in the debt service reserve accounts for the 2005 Bonds and the 2006 Bonds; and, WHEREAS, the City and the County are desirous of entering into an Agreement with the Commission to use the tax increment in the Thomson. Fund for the Commission to pay the costs of certain local public improvements which benefit the Thomson Area and to provide for the use of any tax increment collected in the Thomson Fund in subsequent years; and, WHEREAS, the County is desirous of the Commission paying the costs of the following local public improvements at the Airport which will serve and benefit the Thomson Area in an amount not to exceed Three Million Eight Hundred Forty -nine Thousand Dollars ($3,849,000): a. The construction of additions or improvements to runways, ramps, or taxiways. b. The construction of sanitary sewer facilities serving the Airport. 3 c. Extension of water mains serving the Airport. d. Construction, relocation, and soil remediation costs associated with improving or relocating the fueling stations located at the Airport. e. The above costs shall include the costs of design, construction, construction inspection, and payment of any matching funds for Federal or State grants used for any of the above stated projects. f. Reimbursement to the County of up to One Million Dollars (S 1,000,000) of the County's purchase price for the Airport. "the Airport Projects and, WHEREAS, the City is desirous of the Commission paying part of the costs of the following local public improvements which will serve, and benefit the Thomson Area: a. The relocation, construction, and expansion of any roadways located within, or contiguous to, the Thomson Area; b. The completion of Illinois Street from the Thomson Area, north to its existing terminus between 116th Street and 111th Street including a round -a -bout at 106th Street and Illinois Street; and c. All land acquisition, design, construction, and construction inspection costs related to the above. "the Thomson Road Projects and, WHEREAS, the Commission on the 25th day of February, 2000, passed a Declaratory Resolution No. 2000 -1, which established the 96th Street -U.S. 421 Economic Development Area "the 96th-421 Area and WHEREAS, the Declaratory Resolution approved the Economic Development Plan "the 96th-421 Plan which the 96th-421 Plan contained specific recommendations for construction of local public improvements to enhance the economic development in the 96th-421 Area including improvements to 96th Street; a round -a -bout at 96th Street and North Augusta Drive; a round -a -bout at 96th Street and Shelborne Road; and the connection of 4 Commerce Drive to 96th Street, "the 2010 Project which project is presently under construction by the County and the Commission; and, WHEREAS, the Declaratory Resolution was confirmed by the Commission on the 5th day of October, 2000, after the approval of the Plan by the Carmel Plan Commission and the Hamilton County Board of Commissioners; and, WHEREAS, the City has annexed all of the land within the 96th -421 Area effective the 27th day of July, 2010; and, WHEREAS, Indiana Code 36- 7- 14 -3.5, provides that after the final date of an annexation by a municipality, a county redevelopment commission may not issue bonds or use tax increment to pay bond payments from allocated property tax proceeds from an allocation area unless the legislative body of the municipality adopts an ordinance permitting the issuance of bonds payable from tax increment collected from the allocation area. WHEREAS, the City and the County have recommended an Amendment to the Plan for the 96th -421 Area to authorize the Commission to construct additional local public improvements to include expansion and improvement of any thoroughfare roads in western Clay Township, which roads will serve and benefit the 96th -421 Area by providing better access to and from the 96th -421 Area. Those road improvements shall include, but not be limited to, the following: a. The construction of round -a -bouts at 106th and Shelborne Road; Shelborne Road and 131st Street; Shelborne Road and 126th Street; Shelborne Road and 121st Street; and 96th Street and Towne Road. b. Reconstruction of Towne Road from 146th Street to 131st Street. c. Reconstruction of Shelborne Road from 131st Street to 116th Street. d. Reconstruction of 126th Street between Shelborne Road and Towne Road. 5 e. Reconstruction of 146th Street from Spring Mill Road, west to the Boone County line. f. The above costs shall include costs of right of way, design, construction, and construction inspection. g. However, nothing herein will permit the widening of any of the above roads or thoroughfares, south of 116th Street, other than intersection improvements, prior to January 1, 2012. WHEREAS, the County, the City, and the Commission are desirous of entering into an Interlocal Agreement to use the tax increment from the Thomson Area and the 96th -421 Area to pay all, or part of, the costs of the local public projects identified in the Thomson Plan, as amended and the 96th-421 Plan, as amended. IT IS THEREBY AGREED by and between the City, the County, and the Commission as follows: Section 1. The Commission shall pay up to Two Million Dollars ($2,000,000) of the costs of the Thomson Road Projects from the Allocation Fund for the Thomson Area. Section 2. The City shall select such engineers, design professionals, and appraisers as are necessary to design and construct the Thomson Road Projects. The City shall be responsible for obtaining bids and awarding the contracts for land acquisition, design, construction inspection, and construction of the Thomson Road Projects. All contacts shall be assigned to the Commission for payment up to the amounts funded through this Agreement or any subsequent amendment. The City shall manage the Thomson Road Projects and pay all project costs not funded by this Agreement or any subsequent amendment. Section 3. Claims for payment of the costs of the Thomson Road Projects shall be approved by the City's Engineer or his designee and the Hamilton County Engineer, or his designee. 6 Section 4. The Commission shall pay up to Three Million Eight Hundred Forty -nine Thousand Dollars ($3,849,000) toward the cost of the Airport Projects from the Allocation. Fund for the Thomson Area. Section 5. The Hamilton County Airport Authority "the Airport Authority on behalf of the County, shall select such engineers and design professionals as are necessary to design and construct the Airport Projects. The Airport Authority shall be responsible for receiving bids and awarding the contracts for the design, inspection, and construction of the Airport Projects, which contacts shall be assigned to the Commission for payment up to the amounts funded through this Agreement. The Airport Authority shall manage the Airport Projects and pay all project costs not funded by this Agreement. Section 6. Claims for payment of the costs of the Airport Projects shall be approved by the President or Vice President of the Airport Authority after recommendation by the project engineer designated by the Airport Authority. Section 7. All tax increment collected from the Thomson Area after July 1, 2010, through July 1, 2020, which exceeds the principal and interest on the 2005 Bonds and 2006 Bonds shall be used by the Commission to pay the costs of the Thomson Road Projects as designated by the City. In the event the excess increment from the Thomson Area substantially exceeds the payments on the 2005 Bonds and 2006 Bonds, the parties agree to cooperate to negotiate an amendment to this Agreement to issue bonds and, or notes to fund additional Thomson Road Projects. Section 8. The County agrees to initiate all procedures necessary for the Commission to issue its 2010 Redevelopment District Tax Increment Lease Rental Revenue Bonds to be paid from tax increment from the 96 -421 Area, "the 2010 Bonds which shall include a bond anticipation note of up to Eight Million Three Hundred Thousand Dollars ($8,300,000). The amount of 2010 Bonds shall not to exceed Twelve Million One Hundred Fifty Thousand Dollars 7 ($12,160,000) and shall be paid from semi annual bond or lease rental payments not to exceed Six Hundred Thousand Dollars ($600,000) from February 1, 2012, through February 1, 2029. The bond budget for the 2010 Bonds is attached as Exhibit B. Section 9. The Projects funded by the 2010 Bond Anticipation Note are as follows: Project 1 126th Street Shelborne Rd. to Towne Rd. (3 -Lane Section) Project 2 Shelborne Road Improvements north of 116th Street to 126th Street and a roundabout at 131St Street and Shelborne intersection. including construction inspection costs "the BAN Projects Section 10. The City has selected the engineers necessary to design and inspect the construction of the BAN Projects. The City has received bids and awarded the contracts for the inspection and construction of the BAN Projects, which contacts shall be assigned to the Commission upon closing of the BAN for payment up to the amounts funded through this Agreement. The City shall manage the BAN Projects and pay all costs of the BAN Projects not funded by this Agreement. Section 11. Claims for payment of the costs of the BAN Projects shall be approved by both the City Engineer or his designee and the Hamilton County Engineer or his designee. Section 12. The County shall complete the design and manage the construction of the round -a -bout project at 106th Street and Shelborne Road (Project 3). The Project shall be bid prior to August 15, 2010. Section 13. The County has selected the engineers to complete the design of Project 3. The County shall award the contracts for utility relocation, construction, and construction inspection of the 106th Shelborne round -a- 8 bout, which contacts shall be assigned to the Commission for payment up to the amounts funded through this Agreement. Section 14. Claims for payment of the costs of Project 3 shall be approved by the County Engineer or his designee. Section 15. The County agrees to initiate all procedures necessary for the Commission to issue its 2011 Redevelopment District Tax Increment Lease Rental Revenue Bonds, which may include the issuance of a Bond Anticipation Note "the 2011 Bonds in an amount no greater than Twelve Million Eight Hundred Fifty Thousand Dollars ($12,850,000) which shall be paid from semi annual bond or lease rental payments not to exceed Six Hundred Forty -five Thousand Dollars ($645,000) from August 1, 2012 through February 1, 2028. The proceeds of the 2011 Bonds shall be used to fund the project budget in Exhibit C. Section 16. All tax increment collected from the 96th -421 Area after 2010 shall be irrevocably pledged to be used for payments toward the 2010 Bonds and 2011 Bonds. Section 17. The Projects funded by the 2011 Bonds are as follows: Project 4 The reconstruction of Towne Road, 131St Street to 146th Street (The Towne Road Project) Project 5 A round -a -bout at 96th Street and Towne Road "the 96 -Towne Round -a- Bout Section 18. The City has selected the engineer to design and inspect the construction of the Towne Road Project. The City shall be responsible for receiving bids and awarding the contracts for the construction of the Towne Road Projects, which contacts shall be assigned to the Commission for payment up to the amounts funded through this Agreement. The City shall manage the Towne Road Projects. 9 Section 19. Claims for payment of the costs of the 2011 Towne Road Projects shall be approved by both the City Engineer or his designee and the County Engineer or his designee. Section 20. The County has selected the engineers to design and inspect the construction of the 96t -Towne Round -a -Bout. The County shall be responsible for acquiring right of way, receiving bids and awarding the contracts for the construction of the 96t -Towne Round -a -Bout, which contacts shall be assigned to the Commission for payment up to the amounts funded through this Agreement. The County shall manage the 96t -Towne Road round -a -bout project. Section 21. Claims for payment of the costs of the 96t -Towne Round -a- Bout shall be approved by the Hamilton County Engineer. Section 22. Any excess increment from the 96th-421 Area collected after July 1, 2010, shall be used by the Commission to pay the costs approved by the County for land acquisition, construction, and construction inspection costs, including the local match for State and Federal funding, for the construction of 146th Street from Springmill Road to the Boone County line "the West 146th Project Said costs shall be paid from excess increment collected in the Allocation Fund for the 96th -421 Area after payment of all bond or lease rental payments for the 2010 and 2011 BANs or Bonds, and any payments required to be paid into the debt service reserve funds established for the 2010 and 2011 Bonds. Section 23. The parties acknowledge that the County is presently designing the West 146th Street Project to prohibit, to the extent legally permitted, road cuts onto the portion of 146th Street from Springmill Road to the Boone County line, including the construction of access roads to serve the existing and potential development contiguous to the West 146th Street Project. To accomplish the goal of minimizing road cuts onto West 146th Street, the City agrees that no road cut onto 146th Street from Springmill Road to the Boone 10 County line shall be authorized without the consent of the Board of Commissioners of Hamilton County. The County further agrees that road cuts onto West 146th Street shall not be permitted unless said cuts are legally mandated or there is overwhelming public benefit which would persuade the Board of Commissioners, in its sound discretion, to permit said road cuts. Section 24. In the event the excess increment from the 96th-421 Area exceeds the lease payments on the 2010 Bonds, the 2011 Bonds, and amounts necessary to fund the West 146th Street Project, the County and the Commission agree to use the additional increment from the 96th-421 Area to fund such additional road projects as are described in the Amendment to the Plan for the 96th-421 Area, as described in page five (5) above. Those projects shall be selected based on recommendation by the City, and may be funded by the issuance of bonds and, or notes to fund additional road projects serving and benefiting the 96th -421 Area. Section 25. Prior to the issuance of the 2011 Bonds or BAN, the City agrees to pass an ordinance to pledge to the Commission the amount of up to Four Hundred Sixty -five Thousand Dollars ($465,000) per year of the City's distributive share of County Option Income Tax to cover any difference between the total scheduled principal and interest on the 2010 Bonds, 2011 Bonds, and the semi annual tax increment collected from the 96th-421 Area "the Guarantee Payments The pledge of the Guarantee Payments shall be irrevocable until February of 2029 or until the 2010 Bonds and 2011 Bonds and any refunding bonds used to redeem the 2010 Bonds and 2011 Bonds, are paid in full. Any Guarantee Payments shall be made at least two business days prior to the payment date of the 2010 Bonds and 2011 Bonds to the County Auditor or to the Trustee for the 2010 Bonds and 2011 Bonds and applied to the payment of the 2010 Bonds and 2011 Bonds. Section 26. The parties agree that in the event it is determined that there will be financial benefit to the refunding, or the advance refunding, of the 11 2010 Bonds or 2011 Bonds, the parties shall take all steps necessary to realize the savings by refunding the Bonds. However, any such refunding of the 2010 or 2011 Bonds shall not cause the debt service payments to be increased above, or extended beyond, the initial terms of the 2010 Bonds or 2011 Bonds. Section 27. In the event there are any disputes arising under this Agreement, those disputes shall initially be discussed in a settlement conference to be held among the following: one (1) member of the City Council appointed by the Council; the Mayor of the City; the City Attorney; two (2) members of the Board of Commissioners; and the County Attorney. If there is no resolution of the dispute at the settlement conference, the dispute shall be submitted to mediation, pursuant to the Rules of Alternative Dispute Resolution prior to initiating litigation. In the event that the parties cannot agree on an acceptable mediator, a mediator shall be appointed by the Judge of the Circuit Court of Hamilton County. Section 28. The parties agree to take all steps necessary to implement the terms and conditions of this Agreement, including recommendations to the Hamilton County Redevelopment Commission, to pass such resolutions or ordinances as are necessary to issue the 2010 or 2011 Bonds and to implement the terms and conditions of this Agreement. ALL OF WHICH IS AGREED by and between the City of Carmel, the Board of Commissioners of Hamilton County, the Hamilton County Council, and the Hamilton County Redevelopment Commission on the dates set out herein. 12 PASSED by the Common Council of the City of Carmel, Indiana this o9 t day of 2010, by a vote of to ayes and 4 nays. Pre iding Officer Richard L. Sharp resident Pro Tempo V. Accetturo Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, "I k-Treasurer i Diana L. Cordray, IAMC, irk- Treasurer COMMON COUNCIL FOR THE CITY 0 C, Griffiths P f W. Eric Seide sticker Presented by me tb .he Mayor of the City of Carmel, Indiana this ow day of ,2010,at(os3 P.M. Diana L. Cordray, IAMC, Clerk- Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this day of 2010, at to 5-3 P.m. 13 Gfie— Ja es Brainard, Mayor 1 affirm, under the penalties for perjury, that nave taken reasonable care to redact each Social Security number a his document,unless required by law,' Name IN WITNESS WHEREOF, the undersigned Board of Commissioners of Hamilton County have approved this Interlocal Agreement on the 04 day of 2010. ATTEST: Dawn Coverdale, Auditor BOARD OF COMMISSIONERS OF HAMILTO COUNTY Steven C..Dillinger Steven A. Holt Christine Altman 14 This Interlocal Agreement ratified and approved by the Hamilton County Council this _2 day of KiLw- 2010, ATTEST: Dawn Coverdale, Auditor HAMILTON COUNTY COUNCIL 15 Rick McKinney Steve Sc d Beaver RESOLUTION NO. RC- 06- 17 -10 -A A RESOLUTION OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36-1-7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and. WHEREAS, Indiana Code 36 -1 -7 -2 authorizes the Redevelopment Commission approve such "interlocal agreements;" and WHEREAS, the "Interlocal Agreement" by and among the City of Carmel, Indiana; Hamilton County, Indiana; and the Hamilton County Redevelopment Commission pertaining to the use of tax increment funds from the Thomson Consumer Electronics, Inc., Clay Township Economic Development Area and the 96 Street -U.S. 421 Economic Development Area, a copy of which is attached hereto and incorporated herein as Exhibit A "Interlocal Agreement is in the best interests of Hamilton County, Indiana, and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE HAMILTON COUNTY REDEVELOPMENT COMMISSION, THAT: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Hamilton County Redevelopment Commission. Section 3. The Auditor is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36- 1 -7 -6. Section. 4. This Resolution shall be in full force and effect from and after the date of its passage, ex -cution by the Hamilton County Redevelopment Commission and such publi;ation as is required by law. Adopted at a meeting of the Hamilton County Redevelopment Commission held June 17, 2010. Attest: Charlotte Swain, Secretary HAMILTON COUNTY REDEVELOPMENT COMMISSION Art Levine, President William Crandall, Vice President Charlotte Swain, Secretary Ron Thomas, Member l lumilton County Board of Aviation Attn: Mike Howard Attorney For the Board Wednesday, January 19, 2005 Re: Meridian Street Corridor Flights Sincerely Dan R Montgomery, Manager LEA Indianapolis Executive Airport The airport does not keep records of the flight destinations beyond the airport. However, the data we are providing is based on the personal observations of our staff reviewing the data that is kept such as fueling records, flight plans, car rental agreements and hotel reservations. We have reviewed the Flights from 1 -1 -2004. to 12 -3 1 -2004 that purchased fuel upon arriving, 4897 flights in total, This is approximately 10% of the annual flights the FAA records using the airport for the same period. We previously referred business to the Wyndham Hotel at 103r and Meridian and in 2003. they reported 207 nightly bookings from IEA. In 2004 we found that the pilots and passengers preferred the Marriott Courtyard 1-lotet also at the 103' and Meridian, however they do not keep such records on the airport sales. They only remembered, "Those are the guys who come weekly in the blue suits." Our counter help, report the traffic to the Marriott to be approximately 2 per week thus we're counting 100 flights on that basis, however it's probably much greater possibly over 200. We have a customer who lives in Minnesota that commutes to Indianapolis and uses TEA. His primary customer is Thompson Electronics. He chose'IEA because of the location and the 146h to Springntill access to Thompson. Our staff also has observed many flights going to the heart center at 103r and Meridian. We also have observed flights going to the eye surgeons at 103` and Meridian. There were a total of 479 flights that we could correlate to the Meridian: Street Corridor. 1. 91 flights went to 96 and Meridian 2. 201 flights went to 103r and Meridian 3. 35 flights went to 100 and Meridian 4. 118 flights went to 116` and Meridian 5. 34 flights went to 131" and Meridian We reviewed 4897 flights to arrive at these 479 flights. This personal observation and after the fact correlation is apt to be extremely conservative, thus the flights to this area could easily be several times greater than this estimation. The data is displayed graphically on the next page. The report the data is compiled from total some 200 pages and are available at the airport for you review. 11329 East State Road 32 Zionsville, IN 46077 '11 7I0_!A EXHIBIT A, P. 1 Indianapolis Executive Airport 500 450 400 350 300 250 200 150 100 50 Meridian Street Corridor Flights 96th 103rd 106th 116th 131st Total Flights 9.1 201 35 118 34 479 11329 East State Road 32 Zionsville, IN 46077 '11 7_'7(Q_d4R7 EXHIBIT A, F. 2 EXHIBIT B Budget for 20 Bonds and Bond Anticipation Note (96th Street -421 Interlocal Agreement) 2010 Bond 2011 Lease Estimated Project Costs: Anticipation Note Rental Bonds Construction Costs June 2010 September 2010 Project #1 126th Street.. $2,693,658 Project #2 Shelborne Road 5,322,933 Project #3 106th Shelborne Road $2,002,000 Bond Anticipation Note Redemption 8,216,591 BAN Interest Debt Service Reserve Capitalized Interest 267,877 Allowance for Underwriter's Discount. 125,000 1,211,608 40,000 156,813 Bond Issuance Costs and Contingencies 160,000 153,702 Total Estimated Project Costs $8,216,591 $12,133,591 Estimated. Project Costs: 2011 Lease Rental Bonds Construction Costs: Project #4 Town Road Paving Project #5 96th and Towne Contingencies Total Estimated Project Costs Less Carmel Contribution Bond Costs EXHIBIT C BUDGET FOR 2011 BONDS 96TH -421 Interlocal Agreement 4,413,000 6,667,196 Debt Service Reserve 1,270,500 Capitalized Interest 525,626 Allowance for Underwriter's Discount 158,813 Bond Issuance Costs and 152,061 $13,187,196 475,000 $12,712,196 RESOLUTION NO. 06- 02 -10 -4 A RESOLUTION OF THE HAMILTON COUNTY COUNCIL APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36 -I -7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36- 1 -7 -4 authorizes the Hamilton County Council to approve such interlocal agreements;" and WHEREAS, the Interlocal Agreement by and among the City of Carmel, Indiana; Hamilton County, Indiana; and the Hamilton County Redevelopment Commission pertaining to the use of tax increment funds from the Thomson Consumer Electronics, Inc., Economic Development Area and the 96' Street=U.S. 421 Economic Development Area, a copy of which is attached hereto and incoiporated herein as Exhibit A "Interlocal Agreement"), is in the best interests of Hamilton County, Indiana, and its residents. NOW, THEREFORE BE IT RESOLVED BY THE HAMILTON COUNTY COUNCIL, THAT: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Hamilton County Council. Section 3. The Auditor is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36- 1 -7 -6. Section 4. This Resolution shall be in full force and effect from and after the date of its passage. 2010. ATTEST: ALL OF WHICH IS RESOLVED by the Hamilton County Council, this 2 n° day of June, a k- r\ Cats-Lit Dawn. Coverdale, Auditor HAMILTON COUNTY COUNCIL Rick McKinney Construction Year 2005 Construction Costs $2734,700 2012 Projects 2013 Projects 2014 Projects 7760 ShIADELAND STATC114 171131/... IN 462563457 I EL 3 .7 SSW riLa 3173110170 2012 Anticipated Construction Approximate Cost 55 million 2014 Anticipated Construction Approximate Cost 55 million 2013 Anticipated Construction Approximate Cost 55 million MI HIGAN ROAD T'IF DISTRICT MAP LEGEND (20.1:1 (2011) $10,405,452 $10,706,000 (2006 -2009) COMPLETE EXISTING MICHIGAN ROAD TIF BOUNDARY 0 SCALD CROSSRDA ENIiINEER5, PC W 146TH ST a 201 ee n e I NV 138TH _14..51- a° 201 8 q 44 W 2008-2009 W 1335T ST 2010 t 2008-2009 W 121ST ST 11.4i -t '1 a 5nao ®n 41 S N S O F v .,o XN 1 CLAY CENTER RD I SI K may. x 1 1 a fi 0 6 FS a L. If ems te -7 P. g a '"'�a x .a Q •b I a e e S \at 4, s fc e 1� ae 1 i5, 1,l I 0 4 5 T E :a 6 1� G f n r.reol..r I W J i CC 1,111 a p 4 4 z W 96TH ST MI HIGAN ROAD T'IF DISTRICT MAP LEGEND (20.1:1 (2011) $10,405,452 $10,706,000 (2006 -2009) COMPLETE EXISTING MICHIGAN ROAD TIF BOUNDARY 0 SCALD CROSSRDA ENIiINEER5, PC No. Project Description and Limits Construction Costs Remaining Right -of -way and mist utility Costs Remaining Design Remaining Inspection Remaining Total I Estimated I Remaining Project Cost Earliest Let Date Project Cumulative Total Comments 1 126th Street Shelborne Rd. to Towne Rd. (3 Lane Section) #1 $2,393 ;6581 $0 $30010001 $2,693.658 2010 February $2,693',658 2 Shelburne Road Improvements north of 116th Street to 126th Street and a roundabout at 131st Street and Shelborne intersection. $4;622,933 $103500 $600,0001 I $5,326,433 2010 February $8,020,091 3 106th Street and Shelburne Road Roundabout. I $11,102,000' $600,000 $1111 „165■ I $198;0001 $2;011,165 August -10 $10,031,256 4 Towne Road. 131st Street to 146th Street. $3,800,000 1, $110,000 $50;0Q01 $453,000 $4,413,000 2011 January $14,444,256 5 96th Street and Towne Road Roundabout. $3,954,000 $2,050,000 $21'4;1981 1 $449 ;000 1 $6,667,196 2011 January $21,,111,452 provided by Hamilton County Estimated Low bid received by Hamilton County or City of Carmel MICHIGAN ROAD TIF PROPOSED AMOUNT 2010 Total Estimated ex pens $10,405,452 2011 Tata, Estimated expenm_ $10,706,000 TOTAL $21,111,452 Debt Obligations Proposed Proposed Proposed Estimated Year of Estimated 2010 Bond Lease Rental Lease Rental Annual TIF Carmel COIT Revenue Tax Increment Anticipation Notes Bonds of 2010 Bonds of 2011 Total Remaining Coverage Pledge (1) (2) (3) (4) (5) 2010 $2,398,700 2011 2,400,630 2012 2,507,220 2013 2,851,590 2014 3,193,930 2015 3,536,280 2016 3,536,280 2017 3,536,280 2018 3,536,280 2019 3,536,280 2020 3,536,280 2021 3,536,280 2022 3,536,280 2023 3,536,280 2024 3,536,280 2025 3,536,280 2026 3,536,280 2027 3,536,280 2028 3,536,280 HAMILTON COUNTY REDEVELOPMENT Road Improvement Projects COMPARISON OF DEBT SERVICE OBLIGATIONS AND ESTIMATED TAX INCREMENT $42,328 $0 $42,328 $2,356,372 5667% $0 744,000 $0 744,000 1,656,630 323% 0 865,000 642,000 1,507,000 1,000,220 166% 0 983,000 865,000 1,848,000 1,003,590 154% 105,210 1,091,000 1,101,000 2,192,000 1,001,930 146% 313,270 1,203,000 1,158,000 2,361,000 1,175,280 150% 241,320 1,200,000 1,160,000 2,360,000 1,176,280 150% 239,720 1,199,000 1,160,000 2,359,000 1,177,280 150% 238,120 1,200,000 1,162,000 2,362,000 1,174,280 150% 242,920 1,199,000 1,161,000 2,360,000 1,176,280 150% 239,720 1,204,000 1,161,000 2,365,000 1,171,280 150% 247,720 1,205,000 1,163,000 2,368,000 1,168,280 149% 252,520 1,203,000 1,161,000 2,364,000 1,172,280 150% 246,120 1,198,000 1,161,000 2,359,000 1,177,280 150% 238,120 1,199,000 1,162,000 2,361,000 1,175,280 150% 241,320 1,203,000 1,159,000 2,362,000 1,174,280 150% 242,920 1,197,000 1,162,000 2,359,000 1,177,280 150% 238,120 1,197,000 1,160,000 2,357,000 1,179,280 150% 234,920 1,202,000 1,159,000 2,361,000 1,175,280 150% 241,320 Totals $62,859,990 $42,328 $20,492,000 $18,857,000 $39,391,328 $23,468,662 $3,803,360 (1) See page 6. (2) See page 3. (3) See page 4. (4) See page 5. (5) Per an Interlocal Agreement, the City of Carmel will pledge COLT to the extent needed to secure 160% coverage on the debt obligations. (Subject to the attached letter dated April 5, 2010) (Preliminary Subject to Change) (For Internal Use Only) 6