Thompson Consumer Tax Increment Use AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL
AND HAMILTON COUNTY CONCERNING
THE ISSUANCE OF BONDS AND PAYMENT OF EXPENSES
FROM THE THOMSON CONSUMER ELECTRONICS, INC.,
CLAY TOWNSHIP ECONOMIC DEVELOPMENT AREA
Document Cross Reference No. 9133525
This Intedocal Agreement entered into as of August 15, 2005, by and between the Board
of Commissioners of Hamilton County, acting on behalf of Hamilton County, Indiana, ("the
County"), the Hamilton County Council ("the Council") and the City of Carmel ("the City").
WHEREAS, the Hamilton County Redevelopment Commission ("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 Area")', and
WHEREAS, the Commission, acting on behalf of Hamilton County, Indiana, ("the County"),
subsequently issued its Redevelopment District Tax Increment Revenue Bonds of 1991 dated
December 1, 1991, ("the 1991 Bonds"); and,
WHEREAS, the 1991 Bonds were subsequently refunded by the Commission through
issuance of its Redevelopment District Tax Increment Refunding Revenue Bonds of 2002 dated
February 21,2002, ("the Refunding Bonds"); and,
WHEREAS~ the final principal and interest payment on the Refunding Bonds will be paid on
February 1,2008, from tax increment collected from the Area in November of 2007; and,
WHEREAS, since the time of the issuance of the 1991 Bonds, the City has annexed all of
the real estate within the Area; 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 the proceeds from
allocated property tax proceeds from an allocation area unless the legislative body of the
municipality adopts an ordinance permitting the issuance of bonds and use of the allocated property
tax proceeds from the allocation area; and,
WHEREAS, the City is desirous of entering into an Agreement with the County acting on
behalf of the Commission to issue the Commission's 2005 Bonds in an amount not to exceed Six
Million Five Hundred Thousand Dollars ($6,500,000), the proceeds of which will be used to refund
the Refunding Bonds and pay the costs of land acquisition for the extension of Illinois Street north
from Clarian Hospital to 126'h Street and design costs for part of Illinois Street for the benefit of the
City ("the 2005 Costs"), ~which Costs meet the requirements of Indiana Code 36-7-14-25.1, and
include the cost of right of way and design of public infrastructure, plus all reasonable legal,
accounting, advertising, bond discount, and other expenses which are normally associated with the
issuance of municipal bonds, and to fund a debt service reserve.
WHEREAS, the City is desirous of entering into an Agreement with the County acting on
behalf of the Commission to issue the Commission's 2006 Bonds in an amount not to exceed
Nineteen Million Eight Hundred Thousand Dollars ($19,800,000), the proceeds of which will be used
to pay the costs of land acquisition for the extension of Illinois Street north from 126~h Street to 136~h
Street; to pay the construction of Illinois Street from Clarion Hospital north to 136t~ Street and to
construct the 3r" Avenue S.W. and 4~ Avenue S.W. realignment project; all for the benefit of the
City ("the 2006 Projects"), which Projects meet the requirements of Indiana Code 36-7-14-25.1, and
include the cost of right of way and design of public infrastructure, plus all reasonable legal,
accounting, advertising, bond discount, capitalized interest, and other expenses which are normally
associated with the issuance of municipal bonds and to fund a debt service reserve; and,
WHEREAS, the County and the Commission have designated part of the tax increment
collected from the Area in collection years 2005, 2006, and 2007 to be used for public projects
benefitting the Area.
IT IS THEREBY AGREED by and between the County and the City as follows:
Section I: The County agrees to initiate all procedures necessary for the
Commission to issue its 2005 Redevelopment District Tax Increment Revenue Bonds ("the
2005 Bonds") in an amount no greater than Six Million Five Hundred Thousand Dollars
($6,500,000) which shall be paid from semi-annual bond payments not to exceed Two Hundred
Thousand Dollars ($200,000) from February 2006 through February 2030. The County agrees to
initiate all procedures necessaryfor the Commission to issue its 2006 Redevelopment District Tax
Increment Revenue Bonds ("the 2006 Bonds") in an amount no greater than Nineteen Million Eight
Hundred Thousand Dollars ($19,800,000) which shall be paid from semi-annual bond payments not
to exceed Seven Hundred TwentyThousand Dollars ($720,000) from August 2006 through February
2030, and Nine Hundred Fifteen Thousand Dollars ($915,000) on August 2030 and February of
2031. The proceeds of the New Bonds shall be used to fund the project budget in Exhibit ^. All tax
increment collected from the Area after 2005 shall be irrevocably pledged to be used for payments
toward the New Bonds.
Section I1: The 2005 Bonds shall be issued in Octoberof 2005, and the 2006 Bonds shall
be issued in March of 2006.
Section II1: The proceeds of the 2005 Bonds to be issued by the Commission shall be
held by the County Auditor and used to redeem the Refunding Bonds and to pay the costs of the
Projects as defined by the City, which Projects are listed on Exhibit A. Those costs shall include
all applicable expenses as set out in Indiana Code 36-7-14-25A (a).
Section IV: The City has pledged to the Commission in Ordinance No. D-1771-05 the
amount of Six Hund red Fifty Thousand Dollars ($650,000) per year of the City's distributive share
of County Option Income Tax to cover any difference between the scheduled principal and interest
on the New Bonds and the semi-annual tax increment collected from the Area ("the Guarantee
Payments"), pursuant to Ordinance D-1771-05. The pledge shall be irrevocable until February of
2031 or until the New Bonds orany refunding bonds used to redeem the New Bonds, are paid in full.
Any Guarantee Payments shall be made at least two business days prior to the payment date of the
New Bonds to the County Auditor or to the Trustee for the New Bonds and applied to the payment
of the New Bonds.
Section V: The claims for payment of costs to be paid from the proceeds of the New
Bonds shall be approved by both a representative of the City as designated by the Mayor and City
Council, and an officer of the Hamilton County Redevelopment Commission after recommendation
by the appropriate construction manager er project engineer designated by the City.
Section VI: The City shall select such engineers, and design professionals, as are
necessary to design and inspect the construction of the Projects. The City shall be responsible for
receiving bids and awarding the contracts for the design, inspection, and construction of the
Projects.
Section VII. The parties agree that in the event that it is determined that there will be
financial benefit to the refunding, or the advance refunding, of the New Bonds, the parties shall take
all steps necessary to realize the savings by refunding the New Bonds. However, any ,such
refunding of the New Bonds shall not cause the debt service payments to be increased above, or
extended beyond, the terms of the New Bonds.
Section VIII. 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; the Mayor; the City Attorney; two (2) members of the Board of
Commissioners; and the County Attorney. If there is no resolution ofthe dispute atthe 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 IX. 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 and ordinances as are necessary to issue the New 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, and the Hamilton County Council, on the date~ set out herein.
Adopted this ~day of August, 2005.
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
Kev~rby~r~Pro Tempore
(~~Frf/~k J.'GIEser '
'e¢C~Griffiths
ATTEST:
Diana [. Cordray, IAMC, Clerk-Trg/a~urer
Mar
Richard [.
.Rd'nald E. Carter
h~rp /
Date:
ATTEST:
Robin M. Mills, Auditor
BOARD OF COMMISSIONERS OF
HAMILTON COUNTY
Christine Altman
Steven C. Dillinger
Steven A. Holt
This Interlocal Agreement ratified and approved by the Hamilton County Council this
day of August, 2005.
HAMILTON COUNTY COUNCIL
Meredith Carter
James J. Belden
Judith Levine
John Hiatt
Rick McKinney
Steve Schwartz
Brad Beaver
ATTEST:
Robin M. Mills, Auditor
Prepared by: Michael A. Howard
Howard & Associates
694 Logan Street
Noblesville, iN 46060
(317) 773-4212
THOMSON TIF DISTRICT PROJECT BUDGET
2005 SERIES
ROW Acquisition
Illinois Street from
Clarian to 126~h Street
$ 3,313,500
Design Costs Illinois Street
to 126TM Street
286,500
TOTAL $ 3,600,000
2006 SERIES
ROW Acquisition
Illinois Street from
126th Street to 136th Street
$ 1,740,000
4
Construction & Construction
Inspection Illinois Street
Clarian to 136~h Street
11,099,412
Avenue Southwest and
4th Avenue Southwest Realignment
2,400,000
4. Contingency
$ 260,588
TOTAL
$15,500,000
EXHIBIT A