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CC-09-15-08-04 Amended Old Town EDASponsors: Councilors Carter and Sharp RESOLUTION CC-09-15-08-04 (FORR4ERLY CC-09-02-08-01) A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA APPROVING CERTAIN MATTERS IN CONNECTION WITH THE OLD TOWN ECONOMIC DEVELOPMENT AREA WHEREAS, the City of Carmel Redevelopment Commission (the `Redevelopment Commission"), as the governing body for the City of Carmel Redevelopment Department, pursuant to Indiana Code 36-7-14, as amended (the "Act), adopted a Resolution on August 18, 2008 (the "CRC Resolution"), which made certain amendments to the previously declared Old Town Economic Development Area (the "Economic Development Area") and the Integrated Economic Development Plan & Amended Redevelopment Plan (the "Plan") for the Economic Development Area; and WHEREAS, the Carniel Plan Commission, on August 19, 2008, approved and adopted a resolution (the "Plan Commission Order") determining that the CRC Resolution and the amendments to the Plan contained therein conform to the plan of development for the City of Carmel and approving the CRC Resolution and the Plan, as so amended. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, as follows: 1. Pursuant to Section 16(a) & (b) of the Act, the Common Council of the City (the "Council") determines that the CRC Resolution and the amendments to the Plan contained therein, in all respects, conform to the plan of development for the City, and approves in all respects, the CRC Resolution, the Plan as amended thereby, and, the Plan Commission Order. 2. The Council hereby reaffirms the determination that the Economic Development Area is an economic development area pursuant to Section 41 of the Act. 3. This Resolution shall be in full force and effect from and after its passage by the Council and approval by the Mayoras required by law. PASSED by the Common Council of the City of Carmel, this _LS day of SYILPIN-?, 2008, by a vote of s ayes and _I nays. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA ?- N07- Plc=5EN7- P siding Officer Joseph C. Grif6tbs / / C- 1 ) Rich ra L. Sharp, President Pro Tempore c") PPOSeID John V.AAccetturo onald E. Carter ATTEST: Diana L. Cordray, IAMC, Presented by me to the Mayor (-.M. Kevin Rider W. Eric Sei ensticker 4Lunder of Carmel this lbe day of 2008, at L LO-9 Diana L. Cordray, IAMC, Clerk- 10 Approved by me, Mayor of the City of Carmel, Indiana; 2008, at It'ta R M. ATTEST: Diana L. Cordray, IAMC, Clerk-Treas 'er of the City of Carmel, Indiana Prepared by: Bnice D. Donaldson Barnes & Thornburg LLP I I South Meridian Street Indianapolis, IN 46204 sdA / Ja es Brainard, Mayor INDS01 BDD 106200541 RESOLUTION NO. Q O :E? - to RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION APPROVING AN AMENDMENT TO THE INTEGRATED ECONOMIC DEVELOPMENT PLAN FOR THE OLD TOWN ECONOMIC DEVELOPMENT AREA WHEREAS, on May 13, 1997, the City of Cannel Redevelopment Commission (the "Commission'), as the governing body for the City of Carmel Redevelopment Department; pursuant to Indiana Code 36-7-14, as amended (the "Act), adopted its Resolution No. 5-1997 (as subsequently confirmed and amended, the "Declaratory Resolution") designating an area known as the Old Town Economic Development Area (the "Economic Development Area"), as an economic development area pursuant to Section 41 of the Act, and the Commission subsequently has approved an Integrated Economic Development Plan & Amended Redevelopment Plan which applies to the Economic Development Area (the "Plan'); and WHEREAS, pursuant to Sections 15-17.5 of the Act, the Commission desires to amend the Declaratory Resolution and the Plan by (1) designating a portion of the Economic Development Area described in Exhibit A attached hereto as an "allocation area" under Section 39 of the Act known as the "Arts District Lofts & Shoppes Tax Allocation Area" (the "Allocation Area"), and (2) adding the project described in Exhibit B attached hereto (the "2008 Project") to the Plan (collectively, the "Amendments"); and WHEREAS, the Commission has caused to be prepared maps and plats showing the boundaries of the Allocation Area, the location of various parcels of property, streets, alleys, and other features affecting the replatting, replanning, rezoning, or redevelopment of the Allocation Area, and the parts of the Allocation Area that are to be devoted to public ways, sewerage and other public purposes under the Amendments; and WHEREAS, the Commission has caused to be prepared a list of the parcels of property located in the Allocation Area and the owners thereof; and WHEREAS, the Commission has caused to be prepared estimates of the costs of the 2008 Project as set forth in Exhibit B hereto; and WHEREAS, the proposed Amendments and supporting data were reviewed and considered at this meeting; NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Redevelopment Commission, as the governing body of the City of Cannel Redevelopment Department, as follows: I. The Commission hereby finds that the public health and welfare will be benefited by the Amendments. The Commission further finds and determines that the Amendments are reasonable and appropriate when considered in relation to the Plan and the purposes of the Act, and that the Plan, with the Amendments, conforms to the comprehensive plan for the City of Carmel. 2. The Amendments are hereby approved in all respects. The Plan, as amended by Amendments, is hereby confirmed in all respects. 3. The Allocation Area is hereby designated as an "allocation area" pursuant to Section 39 of the Act for purposes of the allocation and distribution of property taxes for the purposes and in the manner provided by said Section 39. Any real property taxes subsequently levied by or for the benefit of any public body entitled to a distribution of property taxes on taxable property in the Allocation Area shall be allocated and distributed as follows: Except as otherwise provided in said Section 39, the proceeds of taxes attributable to the lesser of (a) the assessed value of the property for the assessment date with respect to which the allocation and distribution is made, or (b) the base assessed value, shall be allocated to and, when collected, paid into the funds of the respective taxing units. Except as otherwise provided in said Section 39, property tax proceeds in excess of those described in the previous sentence shall be allocated to the redevelopment district and, when collected, paid into an allocation fund for the Allocation Area that may be used by the. redevelopment district only to do one or more of the things specified in Section 39(b)(2) of the Act, as the same may be amended from time to time. Said allocation fund may not be used for operating expenses of the Commission. Except as otherwise provided in the Act, before July 15 of each year, the Commission shall take the actions set forth in Section 39(b)(3) of the Act. The foregoing allocation provisions shall apply to all of the Allocation Area and shall expire on the date that is twenty-five (25) years after the effective date of this resolution. Each officer of the Commission is hereby authorized and directed to make any and all required filings with the Indiana Department of Local Government Finance and the Hamilton County Auditor in connection with the Allocation Area. 4. Any member of the Commission necessary to implement the purposes of this re date hereof is hereby ratified and approved. is hereby authorized to take such actions as are olution, and any such action taken prior to the 5. This Resolution, together with any supporting data, shall be submitted to the Carmel Plan Commission (the "Plan Commission") and the Common Council of the City of Carmel (the "Common Council") as provided in the Act, and if approved by the Plan Commission and the Common Council shall be,submitted to a public hearing and remonstrance as provided by the Act, after public notice as required by the Act. CITY OF CARMEL REDEVELOPMENT COMMISSION Adopted: nald E. Caner, President Rick sR4/ecretary William Hammer, Vice President Carolyn.E. AxiUr ?a Jeff g r ATTEST: Signature/Title Date: ?//?/a b Z-.Vcdevcom\signawrcpagc EXHIBIT A Arts District Lofts & Shoppes Tax Allocation Area The Arts District Lofis & Shoppes Tax Allocation Area is comprised of the following described area in the City of Carmel: • Beginning at the point of intersection of the centerline of Main Street and the centerline of First Avenue NW; • then turning northward, along the centerline of First Avenue NW, to the point of intersection with the centerline of First Street NW; • then turning westward, along the centerline of First Street NW, to the point of intersection with the centerline of Second Avenue NW; • then turning southward, along the centerline of Second Avenue NW, to the point of intersection with the centerline of Main Street; • then turning eastward, along the centerline of Main Street to the point of beginning. 4 EXIII BIT B Description of the 2008 Project The 2008 Project is described as follows: the design, construction and equipping of a multi-level parking facility to be located in the Allocation Area,. at a current estimated cost of $13,000,000. INDS01 BDD I059788v1 5 AUG-21-2008 THU 0946 AM FAX NO. P. 02 RESOLUTIONNO. 2 8-08-19 RESOLUTION OF THE CARMEL PLAN COMMISSION DETERMINING THAT A RESOLUTION AMENDING THE INTEGRATED ECONOMIC DEVELOPMENT PLAN APPROVED AND ADOPTED BY THE CITY OF CARMEL REDEVELOPMENT COMMISSION CONFORM TO THE PLAN OF DEVELOPMENT FOR THE CPfY OF CARMEL AND APPROVING THE RESOLUTION AND PLAN WHEREAS, the Carmel Plan Commission (the "Plan Commission") is the body charged with the duty of developing a general plan of development for the City of Carmel, Indiana (the "City"); and WHEREAS, the City of Carmel Redevelopment Commission (the "Redevelopment Commission"), as the governing body for the City of Carmel Redevelopment Department, pursuant to.Indiana Code 36-7-14, as amended (the "Act), adopted a Resolution on August 18, 2008 (the "CRC Resolution'), which made certain amendments to the previously declared Old Town Economic Development Area (the "Economic Development Area") and the Integrated Economic Development Plan & Amended Redevelopment Plan (the "Plan") for the Economic Development Area; and WHEREAS, the Redevelopment Commission has submitted the CRC Resolution to the Plan Commission for approval pursuant to the provisions of Section 16 of the Act, which CRC Resolution is attached hereto and made a part hereof; and WHEREAS, the Plan Commission has reviewed the CRC Resolution and the amendments to the Plan contained therein, and determined.that they conform to the plan of development for the City, and now desires to approve the CRC Resolution and such amendments to the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CARMEL PLAN COMMISSION, THAT: 1. The Plan Commission hereby finds and determines that the CRC Resolution and the amendments to the Plan contained therein conform to the plan of development for the City. 2. ' The CRC Resolution and the amendments contained therein are hereby approved. 3. This Resolution hereby constitutes the written order of the Plan Commission approving the CRC Resolution and the Plan, as amended thereby, pursuant to Section 16 of the Act. 4. The Secretary is hereby directed to file a copy of the CRC Resolution with the minutes of this meeting. AUG-21-2008 TNU 09:46 AM FAX NO. P. 03 SO RESOLVED BY THE CARMEL PLAN COMMISSION this 19th day of August, 2008. CARMEL PLAN COMMISSION f i ent AA T: S cretary ,mmi "to IOMISVI -2-