D-1575-02 Carmax Auto Superstores J~ Spo sot. Councilor Snyder
ORDINANCE NO. D-1575-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CARMEL, INDIANA, AND
HAMILTON COUNTY, INDIANA
CONCERNING CARMAX AUTO SUPERSTORES, INC.
WHEREAS, Carmax Auto Superstores, Inc. (hereinafter referred to as the "Developer")
seeks to develop approximately 20 acres as a commercial subdivision at the Northwest comer of
East 96th Street and Gray Road, Clay Township, Hamilton County, iN, the property known as
Tax Mapping Parcel No. 16-14-08-00-00-015.000 and has initiated procedures for the approval
of a primary and secondary plat for the commercial subdivision (hereinafter referred to as "The
Subdivision"), the legal description of which is attached hereto as Exhibit "A,'; and
WHEREAS, the Developer confirms to the City of Carmel that the subject tract has been
annexed to the City of Carmel; and
WHEREAS, the Developer has petitioned the City of Carmel to assume responsibility for
streets adjacent to the commercial subdivision to be improved according to plans and
specifications approved by the City of Carmel; and
WHEREAS, the City of Carmel will be required to approve the design of Gray Road and
improvements to 96th Street and to undertake maintenance of the streets, surface water, drainage
and other public infrastructure within the dedicated rights-of-way and easements of the existing
streets following their improvement by Developer; and
WHEREAS, the Board of Commissioners of Hamilton County on the 25th day of
September, 2000, approved resolution 09-25-00-03 to establish a procedure for cities and towns
to approve, inspect and maintain public infrastructure within a subdivision or the public streets
adjacent to such commercial subdivision even though the right of way may not yet be annexed
into the municipal corporation; and
WHEREAS, Indiana Code 36-1-7 allows units of government to enter into Interlocal
Agreements under such terms and conditions as the City of Carmel and Hamilton County deem
advisable.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section I: The following Interlocal Agreement is hereby approved and the City of Carmel
agrees from the date of the approval of this Agreement to be responsible for the
following:
a. The approval of design of all streets, storm drainage, and other public
infrastructure within the easements and public right of way of the
subdivision and adjacent existing streets to the area to be annexed (other
than outlets into or improvements to regulated drains or bridges with spans
of twenty (20) feet or greater) (hereinafter referred to as "the
Infrastructure").
b. Require the dedication of anfficient right of way, non-access easements
and drainage and utility easements to construct the infrastructure and in
accordance with the appropriate Thoroughfare Plan.
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Require the Developer to get approved construction plans, fight of way
plans, and construction specifications from the Hamilton County Highway
Department for any bridge structure with a twenty (20) feet or greater span
being constructed or modified prior to approving any construction or plats
which may require additional right of way. These plans shall be separate
from the road and other infrastructure plans.
Require reasonable improvements from the Developer of any existing
bridge (with a twenty (20) foot or greater span) as required by the
Hamilton County Highway Department to accommodate the traffic from
the subdivision.
Not allowing the Developer to locate an entrance or decel or accel taper
within two hundred (200) feet of an existing bridge (measured from the
existing abutment) unless otherwise approved by the Hamilton County
Highway Department.
The negotiation of any exactions for offsite road improvements for the
Subdivision.
The inspection of the construction of all of the Infrastructure with an
engineer certified statement of construction that any bridges (with a twenty
(20) foot or greater span) have been constructed in accordance with the
plans and specifications approved by the Hamilton County Highway
Department.
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Section
Section III:
Section IV:
Section V:
h. The acceptance, holding, and release of all performance, and/or
maintenance, bonds required bYthe Ordinances of the City for the
Infrastructure.
i. The permitting of all activities within the right of way of the Subdivision
and adjacent streets for the Developer, utilities, and any other entity
requesting to do work or locate in the right of way.
j. Establishment of all traffic controls on the Subdivision streets and the
adjacent roads unless otherwise covered by Interlocal Agreements.
k. The maintenance of all Infrastructure and Traffic control contained in the
Subdivision and the adjacent streets.
The duties of the City of Cannel as set out above shall continue from the date of
the approval of this Agreement in perpetuity and the City of Carmel is entitled to
claim all road mileage immediately adjacent to the described real estate as a part
of its road inventory and to receive any state or federal funds results therefrom.
Hamilton County will waive all highway department review fees and permit fees
for road improvements to be performed pursuant to this Ordinance except for
bridge plan review fees.
The City of Carmel requests a Board of Commissioners of Hamilton County to
approve the Interlocal Agreement as contained in this Ordinance and to return a
fully executed copy of said Agreement to the City of Carmel for its files.
All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
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Section VI: This Ordinance shall be in full force and in effect from and after its passage
signing by the Mayor.
~PASSED by the Common Council of the Ciet,,Ya~fdCarm~ Ind~a~ this/~'//~ay of
~ ,~; _?~/t.) 2002, by a vote of_~__ ay s y.
COMMON COUNCIL FOR THE CITY OF CARMEL
Wayne ~ ilson, President Pro Tempore
/"Ronald E. Carter
N. L. Ru.ndle - /~
Diana L. Cordray, IAMC, C(~asurcr
Presen.[.ed by_ me to the Mayor of the City of Cannel, Indiana thi; day of ~
2002, at /f~ ~.M. '-- ~ f/ /'~
Diana L. Cordray, IAMC, Clerk-~s
2002, at Il*ltd }~.M. .4 '
Diana L. Cordray, IAMC, Cl~u
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BOARD OF COMMISSIONERS
OF HAMILTON COUNTY, INDIANA
~teven A.
Date: _. 0 ~
'~'teven C. Dillinger
Date: d"' -- ,/2_.---- g:~ ~
ATTEST:
Robih M. Mills, Hamilton County Auditor
Date: ~ [2-0 2.~
Prepared by:
E. Davis Coots
COOTS, HENKE & WHEELER, P.C.
255 East Carmel Drive
Cannel, 1N 46032
(317) 844-4693
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