The URL can be used to link to this page

Home My WebLink AboutCC-12-05-11-03 Crooked Stick Estates Drainage/City's Exclusive JurisdictionIn accordance with 1(2 36- 4 -10 -4, I hereby certify I am the Clerk Treasurer for the City of Carmel, Indiana, and a true and accurate copy of Resolution CC- 12- 05- 11 -03. Witness my hand and official seal this 7th day of December 201 Page One of Four Pages RESOLUTION NO. CC- 12- 05 -11 -03 t the following document, consisting of 4 page(s), is Diana L. Cordray, Cannel Clerk- Treasurer, IAMC DEC 0 9 2011 SPONSORS: Councilors Carter, Ride':nd Sharp OFFICE OF HAMILTON COUNTY SUAVEY0f1 A RESOLUTION OF THE COMMON COUNCIL CITY OF CARMEL, INDIANA, AFFIRMING THE CITY'S EXCLUSIVE JURISDICTION WITH RESPECT TO DRAINAGE MATTERS IN CROOKED STICK ESTATES, SECTION 4 AND APPROVING MATTERS RELATED THERETO WHEREAS, pursuant to Ordinance No. C -263, adopted on November 24, 2004, as amended by Ordinance No. C -263A, on October 7, 2005 (as amended, the "Ordinance the Common Council of the City of Carmel, Indiana (the "Council annexed into the City of Carmel, Indiana (the "City certain territory located in Southwest Clay Township (the "Annexed Area and WHEREAS, the Ordinance and the related fiscal plan for the Annexed Area incorporate the terms of a settlement agreement (the "Settlement Agreement entered into on or about September 6, 2005 by and between the City and an association representing several hundred property owners in the Annexed Area known as No Ordinance for Annexation "NOAX and WHEREAS, pursuant to the terms of the Settlement Agreement, the City developed a Southwest Clay Township Annexation Master Drainage Plan "the Master Drainage Plan which identified the drainage problems in the Annexed Area that were to be addressed and corrected by the City; and WHEREAS, the Settlement Agreement requires the City to design, construct, and implement improvements to address the drainage issues identified in the Master Drainage Plan in certain older neighborhoods located in the Annexed Area, including the neighborhood of Crooked Stick Estates, Section 4 (the "Subdivision and WHEREAS, on June 27, 2007, the Supreme Court of the State of Indiana issued an order affirming the Ordinance, the related fiscal plan, and the Settlement Agreement (the "Supreme Court Order and WHEREAS, the Council subsequently passed Ordinance D- 1969 -09, which dictated the process by which projects would be considered for funding from monies set aside to address drainage issues in the Annexed Area pursuant to the Settlement Agreement; and WHEREAS, on April 10, 2010, certain property owners filed a petition (the "Petition with the Hamilton County Drainage Board (the "Drainage Board requesting the completion of certain drainage improvements in the Subdivision which were separate and distinct from any drainage project identified, considered, or approved for the Subdivision under the tenors of either the Settlement Agreement., the Master Drainage Plan or Ordinance D- 1969 -09; and This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 12 -5 -11 at 9:13 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. SPONSORS: Councilors Carter, Rider and Sharp WHEREAS, the Drainage Board entered an order on April 26, 2010 (the "2010 Order designating a legal drain in the Subdivision, and a second order on April 25, 2011 (the "2011 Order approving the construction of certain drainage improvements ostensibly related to the discharge of storm water into the legal drain designated by the 2010 Order (the "County Drainage Project and WHEREAS, the Drainage Board's approval of the County Drainage Project was apparently based upon its misconception that the same was approved by the Settlement Agreement and the Master Drainage Plan and that the cost of the County Drainage Project could be shifted to and paid by the City; and WHEREAS, the County Drainage Project was, in fact, never identified, agreed to, or approved by the Settlement Agreement or the Master Drainage Plan, or in any other manner by either the City or HOAX; and WHEREAS, the Council has been informed by NOAX that it does not view the County Drainage Project as a project that was either contemplated or approved by the Settlement Agreement or the Master Drainage Plan, and has requested that the County Drainage Project not be completed; and WHEREAS, on or about October 29, 2011, after reviewing the County Drainage Project and considering the concerns of NOAX and others in the Annexed Area, the Council's Land Use, Annexation and Economic Development. Committee notified Hamilton County, Indiana (the "County that the County Drainage Project was not a project contemplated, approved, or covered by the Settlement Agreement or the Master Drainage Plan, that no funding for the County Drainage Project had been approved by the City, and that no such funding would be forthcoming; and WHEREAS, despite such notice from the City, the Drainage Board continues to waste scarce public resources by proceeding forward with litigation designed to frustrate and interfere with the terms of the Settlement Agreement and the Master Drainage Plan, as well as the will of the people as expressed therein, in an attempt to force the completion of the County Drainage Project; and WHEREAS, pursuant to Indiana Code 36- 1- 3 -9(a), the City has exclusive jurisdiction over drainage and drains located within its corporate boundaries except as expressly limited by statute; and WHEREAS, in an effort to avoid further interference by the Drainage Board and /or the County with the will of the people, the City's satisfaction of its obligations under the Settlement Agreement, and the prudent expenditure of public funds, the Council now finds it necessary to affirm the City's jurisdiction over and with respect to all drainage matters located in the Subdivision and to the findings of its Land Use, Annexation and Economic Development Committee with respect to the County .Drainage Project. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, THAT: Section 1. The foregoing recitals are incorporated herein by this reference. Resolution No. CC- 12 -05 -1 1 -03 Page Two of Four Pages This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 12-5-11 at 9:13 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. SPONSORS: Councilors Carter, Rider and Sharp Section 2. The Council finds that the completion of the County Drainage Project is unwarranted, unnecessary, an imprudent use of City funds, and not in the best interests of the City and its citizens, including, but not limited to, those living in the Annexed Area. Section 3. The County Drainage Project does not address a problem identified in the Master Drainage Plan and is not considered by the City or NOAX to be a legitimate drainage improvement either covered by the Settlement Agreement or compliant with Ordinance D- 1969 -09. Section 4. The City has not agreed to fund any of the costs of the County Drainage Project, no City funds have been approved or appropriated for the payment of any of the costs of the County Drainage Project, and no such funds whatsoever will be forthcoming. Section 5. Pursuant to Indiana Code 36- 1- 3 -9(a) and the Supreme Court Order, the City shall exercise its exclusive power and authority with respect to drainage matters located in the Subdivision and the Council demands that the Drainage Board and the County cease and desist from taking any further action with respect to the County Drainage Project and the regulation of drainage in the Subdivision. Section 6. The Council further demands that the Drainage Board vacate both its 2010 Order and its 2011 Order and stop forcing the wholly unnecessary waste of scarce public resources through its continued litigation with respect to the County Drainage Project. Section 7. The Council will view the Drainage Board's failure to comply with its above demands as indicating the Drainage Board's knowing, intentional, and continued interference with the City's efforts to honor its contractual obligations, its lawful jurisdiction, and the exercise of its powers under the Settlement Agreement and the Supreme Court Order. Section 8. The Council further requests that the County cease and desist from interpreting and /or implementing any term of the Settlement Agreement with regard to any project located within the Annexed Area without first entering into an interlocal agreement with the City that expressly affords it this privilege otherwise reserved to the contracting parties and courts of competent jurisdiction only. Section 9. The Clerk Treasurer is hereby directed to promptly serve a copy of this Resolution on the Drainage Board. Section 10. This Resolution shall be in full force and effect from and after its passage and signing by the Mayor. PASSED by the Common Council of the City of Carmel, Indiana this day of IQ C PAP 2011, by a vote of 7 ayes and e nays. Resolution No. CC- 12- 05 -11 -03 Page Three of Four Pages This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 12-5-11 at 9:13 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. Presiding Officer W. Eric ATT 1►] T: COMMON COUNCIL FOR THE CITY OF CARMEL, IN Ronald E. Carter ATTEST Diana L. Cordray, [AMC, Clerk -Treas Presented by me to the Mayor of the City of Carmel this Diana L. Cordray, IAMC, C Resolution No. CC- 12 -05 -11 -03 Page Four of Four Pages 2 Treasurer SPONSORS: Councilors Carter, Rider and Sharp Snyd inard, Mayor Name idenstic er, President Pro Tempore a A_ J7 ry ccetturo sepl Kev n Rider F 1 4 1111 A.asf 11111111111111,4111a, Richard L. Sharp ay,of ?Oil, at STy1p/1 Diana L. Cordray, IAMC, Cler El reasurer Approvedby, me, the Mayor of the City of Carmel, Indiana, this 5 day ofbee). 2011, at �.M.. '1 affirm, unaer tr, for perjury. that I have token reasonable Lc eoch Social Security number i is documenr, unc r uired by krv,' This Resolution was prepared by Douglas C. Haney, Carmel City Attorney, on 12 -5 -11 at 9:13 a.m. No subsequent revision to this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise. In accordance with 1C 36- 4 -10 -4, hereby certify 1 am the Clerk Treasurer for the City of Carmel, Indiana, a hat the followin a true and accurate copy of Resolution CC- 12- 05- 11 -03. Witness my hand and official seal this 7th day of December Diana L. Cordray, Carmel Clerk Treasurer, IA ment consisting of 4 page(s), is