D-1459-00 Construct 146th and US 31 - Clay TerraceORDINANCE NO. D-1459-00
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL
APPROVING AN INTERLOCAL AGREEMENT WITH HAMILTON COUNTY,
INDIANA, AND APPROVING A JOINT ROAD CONSTRUCTION PROJECT
WHEREAS, Hamilton County has tendered to the City of Carmel a document entitled,
"Interlocal Agreement Between the City of Carmel and Hamilton County, Indiana, Concerning
the 146th Street and U.S. 31 Project," (hereinafter referred to as "the Interlocal Agreement"); and,
WHEREAS, pursuant to Indiana Code 36-1-7, units of government may enter into
Interlocal Agreements under such terms and conditions as the units deem acceptable; and,
WHEREAS, the Interlocal Agreement provides for the City of Carmel to assign an area
within Carmel's jurisdiction to the Redevelopment Commission of Hamilton County to allow the
creation of an allocation area; and,
WHEREAS, Indiana Code 36-7-25-4 allows the Common Council of the City of Carmel
to assign an area within the jurisdiction of the City to the Redevelopment Commission of
Hamilton County for the purpose of creating an allocation area to capture tax increment for an
economic development project; and,
WHEREAS, the Common Council has reviewed the Interlocal Agreement and believes it
is in the best interest of the City of Cannel to enter into the Interlocal Agreement and to assign
certain parcels of real estate to Hamilton County and the Hamilton County Redevelopment
Commission for purposes of establishing an allocation area pursuant to Indiana Code 36-7-25-4.
IT IS THEREBY ORDAINED by the Common Council of the City of Carmet as follows:
1. The Interlocal Agreement between the City of Cannel and Hamilton County, Indiana,
concerning the 146th Street and U.S. 31 Project, which is attached heret~xand made a part hereof,
is hereby ratified and approved.
2. The parcels of real estate identified in Exhibit A (hereinafier referred to as "the
Proposed Allocation Area") are hereby assigned to the Hamilton County Redevelopment
Commission, acting on behalf of Hamilton County, Indiana, for the sole purpose of permitting
the Hamilton County Redevelopment Commission to create an allocation area for the purpose of
capturing tax increment from the increase of assessed value of real property within the Proposed
Allocation Area, to be used to construct the ramps and local streets identified in the Interlocal
Agreement.
3. The assignment of the Proposed Allocation Area shall remain in full force and effect
so long as there are outstanding principal and interest due on bonds which may be issued to pay
the costs of the construction of the ramps and local streets identified in the Interlocal Agreement,
or until the Interlocal Agreement is terminated under paragraph ten of that Agreement, but in no
event shall the assignment be valid beyond the calendar year 2030 without an amendment to this
Ordinance.
4. This Ordinance shall be in full force and effect upon passage and upon execution of
the Interlocal Agreement by the Board of Commissioners of Hamilton County, Indiana.
ALL OF WHICH IS ORDAINED by the Common Council of the City of Carmel, this
day of M-m-eh, 2000.
COLON COUNCIL OF THE CITY OF C EL
ent
Wa~e A. Wilson
_,,>
ATTEST:
Diana L. Cordr surer
Presented by me to the Mayor of the City of Carmel, Indiana, the I ~/
~ ~ ,2000.
day of
Diana L. Cordray, easurer
Approved by me, Mayor of the City of Cannel, Indiana, this/~day of
2000.
ATTEST:
Diana L. Cordray, qlAMC, C'.Zr~Treasurer
INTERLOCAL AGREEMENT BETWEEN THE
CITY OF CARMEL AND HAMILTON COUNTY. INDIANA
CONCERNING THE 146TH STREET AND U.S. 31 PROJECT
This Agreement approved on the dates set out herein between the City of Carreel ("the
City"), as authorized by an Ordinance of the Common Council of the City and the Board of
Commissioners of Hamilton County, acting on behalf of Hamilton County, Indiana, ("the County");
WITNESS THAT:
WHEREAS, the County has caused American Consulting Engineers ("the Engineers") to
prepare plans and specifications for the bridge for 146th Street across State Road 31, which plans
also included local streets and ramps designated as follows:
Ramp NBR which would connect traffic from noah bound State Road 431 to the
intersection of 146th Street and Greyhound Pass;
Ramp 1 which would connect traffic from the intersection of 146th Street and
Greyhound Pass to northbound U.S. 31;
Ramp FR2 which would connect traffic from the stop light on 146th Street just west
ofU. S. 31 to U.S. 31 at the intersection of Range Line Road;
Ramp 2 which would connect traffic from the south bound U.S. 31 stop light on
146th Street just west ofU. S. 31;
(all of which are hereinafter referred to as "the Project"); and,
WHEREAS, the County has completed the construction of the bridge for the 1461h Street
over U.S. 3 1 (hereinafier referred to as "the Bridge"), and;
WHEREAS, neither the County nor the City have sufficient funds to construct Ramp NBR
and Ramp 1, (hereinafier collectively referred to as "the East Ramps"); Ramp FR2 and Ramp 2,
(hereinafier collectively referred to as "the West Ramps"), or to acquire the real estate necessary to
build the ramps; and,
WHEREAS, there is a substantial amount of real estate which will be benefitted by the
Ramps; and,
WHEREAS, the real estate which will be benefitted by the construction of the ramps consists
of the Hamilton County tax parcels which are listed in the Exhibit A which is attached hereto and
made a part hereof (hereinafier referred to as "the Benefitted Parcels); and,
WHEREAS, the Benefitted Parcels should be included in an Economic Development Area
as said term is defined by Indiana Code 36-7-14-41 for the purposes of capturing tax increment to
provide funds to construct infrastructure bene~tting the Benefitted Parcels; and,
WHEREAS, some of the Benefitted Parcels are located within the City of Carmel, and some
of the parcels are presently in the unincorporated area of Hamilton County, Indiana; and,
WHEREAS, the City has constructed several bridges along Hazel Dell Road and intends to
seek the abandonment of Bridge 142 which carries Cherry Tree Road over Mitchner Ditch; and,
WHEREAS, the abandonment of Bridge 142 will result in savings to the County in the
approximate amount of Three Hundred Ninety-two Thousand Dollars ($392,000) in 2002 which is
the year the County had anticipated undertaking major repairs to Bridge 142; and,
WHEREAS, it is in the best interests of the citizens of Carmel and the citizens of Hamilton
County to enter into an Interlocal Agreement to accomplish the following:
a. To establish an economic development area (hereinafier referred to as "the Economic
Development Area") including the Benefitted Parcels of real estate described in Exhibit A, and to
use the tax increment from the Economic Development Area to finance the construction of the
Ramps;
b. To undertake a joint project between the City and the County for the construction o f
all or part of the East Ramps and West Ramps ("the Ramps") as authorized by Indiana Code 36-7-
25-4;
c. To complete the Ramps for the benefit of the real estate located in the Economic
Development Area and the citizens of the City and the County; and
d. To increase and diversify the tax base, to increase employment opportunities and to
improve the transportation system of the City and the County; and
e. To improve the health, safety, and welfare ofthe citizens ofthe County and the City.
f. To transfer to the City from the County the amount of Three Hundred Ninety-Two
Thousand Dollars ($392,000) in the calender year 2002 to help defer the costs of the bridges along
Hazel Dell Road, which is the approximate amount which the County will save due to the
abandonment of Bridge 142.
IT IS THEREBY AGREED by the parties hereto as follows:
1. The City and the County agree to enter into a joint project pursuant to Indiana Code
36-7-25-4 to pursue the construction of the Ramps which shall be known as the U.S. 31-1461h Street
Economic Development Project.
2. The Common Council of the City of Cannel shall pass an Ordinance to assign, only
for the purpose of capturing the incremental property taxes from the Economic Development Area
pursuant to Indiana Code 36-7-25-39, to Hamilton County and the Hamilton County Redevelopment
Commission (hereinafier referred to as "the Commission"), the parcels of real estate described on
Exhibit A which are in the City, which will permit the creation of an Economic Development Area
by the Hamilton County Redevelopment Commission.
3. Hamilton County, acting by the Commission, shall capture only such increment from
the allocation area as is necessary to issue bonds to finance the costs of the Ramps, including
engineering fees, professional fees, right-of-way acquisition costs and construction costs.
4. The County agrees that as soon as there is sufficient development initiated within the
Economic Development Area to create a revenue stream of tax increment to issue bonds for the
construction of the East Ramps, West Ramps, or both, the Commission shall cause construction
plans to be prepared, right-of-way to be acquired, bids to be awarded and construction to be
completed for the East Ramps, the West Ramps, or both, depending upon the amount of the
projected tax increment from the Economic Development Area.
5. The City agrees, as part of their zoning process, to obtain as much right-of-way as
might be lawfully obtained from the owners and/or developers of the real estate where the proposed
Ramps are located. The County shall pay, from the revenues or bond proceeds described in this
Agreement, such payments as are necessary to landowners to obtain any right-of-way for the Ramps
which is not dedicated during the planning and zoning process.
6. Hamilton County agrees to cause the Commission to issue bonds to pay the costs of
the East Ramp as soon as there is sufficient development initiated within the Economic Development
Area east ofU.S. 3 1 to create adequate tax increment to issue bonds to pay the costs to construct the
East Ramps.
7. The Commission, acting on behalf of the County, shall issue bonds to pay the costs
of the West Ramp, as soon as the East Ramps are financed and there is sufficient development
initiated within the Economic Development Area to create adequate tax increment to issue bonds to
pay the costs to construct the West Ramp.
8. Nothing herein shall be construed as imposing a duty upon the County or the
Commission to construct any of the Ramps, until there is sufficient tax increment in the Economic
Development Area, to finance the construction of one or more of the ramps described herein.
9. The assignment by the City of the land within the Economic Development Area to
the Commission shall remain in full force and effect so long as there are outstanding principal and
interest due on bonds which are issued to pay the costs of the Ramps, which bonds are to be repaid
from the tax increment generated within the Economic Development Area, but in no event shall tax
increment be captured by the Commission from the Economic Development Area beyond 2030
unless there is an amendment of this Agreement. Once the bonds are repaid or on December 31,
2030, whichever is earlier, the assignment by the City shall revert to the City.
10. In the event there has not been sufficient development in the allocation area for the
issuance of bonds to pay the costs of the Ramps or the Commission fails to issue bonds and begin
construction of the Ramps described herein on or prior to January 1, 2005, this Agreement shall be
terminated, and the assignment by the City shall revert to the City, unless the parties approve an
extension of this Agreement with the same formality as occurred for the approval of this Agreement.
11. The City, acting through its Common Council, Plan Commission, and Board of
Zoning Appeals, shall continue to exercise planning and zoning jurisdiction through the Economic
Development Area and nothing herein shall be construed to impose any duty upon the City or any
of its planning and zoning departments, agencies or boards to either alter, amend or waive any
zoning law or regulation, or refrain from altering,
regulation.
12.
amending or waiving any zoning law or
The City and County agree to cooperate to obtain such cooperation, permitting and/or
funding from the State of Indiana which is necessary to complete the Project and the Ramps
including any additions thereto. In the event the State of Indiana provides any funding to assist in
the financing of the Ramps, those funds shall be used to pay the costs of the Project mandated by
the State and secondly to reduce the indebtedness incurred to construct the Ramps.
13 After the issuance o fbonds by the County and the Commission to construct any part
of the Ramps, the County shall submit a written report to the City, during January of each year,
describing the costs incurred for all or part of the project, the amount of bonds, or other evidence
of indebtedness outstanding and the status of repayment of such indebtedness.
14. In the event that Bridge 142 is abandoned or the City agrees to undertake all
maintenance of such bridge, prior to the end of 2001, the County will pay to the City the amount of
Three Hundred Ninety-two Thousand Dollars ($392,000) to help defer the costs of construction of
the new bridges constructed by the City for Hazel Dell Road, which amount shall be paid prior to
the end of 2002.
15. In the event there is a dispute between the City, the County, or the Commission
concerning the terms and conditions of this Agreement, the parties agree that they will submit that
dispute to mediation pursuant to the Indiana Rules of Alternative Dispute Resolution prior to the
initiation of litigation. In the event the parties are unable to agree upon a mediator for such dispute,
the parties agree to alternately strike from a panel appointed by the Judge of the Circuit Court of
Hamilton County.
16. This Agreement shall be in full force and effect upon approval by the City and the
County and shall remain in force as long as bonds issued by the Commission remain outstanding or
are terminated under paragraph ten above.
Dated:
BOARD OF COMMISSIONERS OF
HAMILTON COUNTY
Steven A. Holt
Steven C. Dillinger
'Sharon R. Clark
ATTEST:t/` ~/
Jon M. , Audito
COMMON COUNCIL OF THE CITY OF CARMEL
P, f.-
g O ticer
ATTEST:
Diana L. Cordray, IAMC, ~surer
2OO0.
20OO.
Diana L. Cordray, IAMC Cler_,c-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this/t~d~y o~ B/o~-f/
jfes~ B~r~ainarTMa~Zyor
ATTEST:
TAX PARCELS INCLUDED IN U.S. 31-146TH STREET
ECONOMIC DEVELOPMENT AREA
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16-10-1
16-10-1
16-10-1
16-10-1
16-10-1
16-10-1
16-10-1
16-09-24-00-00-010.000
16-09-24-00-00-010.001
16-09-24-00-00-011.000
16-09-24-00-00-012.000
16-09-24-00-00-013.000
16-09-24-00-00-014.000
16-09-24-00-00-015.000
16-09-24-02-07-005.000
16-09-24-02-07-012.000
16-1 O- 19-00-00-001.002
9-00-00-001.000
9-00-08-024.000
9-00-08-025.000
9-00-08-026.000
9-00-08-027.000
9-00-08-028.000
9-00-08-029.000
16-10-19-00-08-031.000
16-10-19-00-08-032.000
17-1 O- 19-00-00-004.000
17-1 O- 19-00-00-025.000
17-10-19-00-00-026.000
17-1 O- 19-00-00-027.000
17-10-19-00-00-029.000
C:MMy Documents\COUNTYX146th RampsNCARMEL.INT.wpd