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146th Street Ramps TIF District and 421 TIF Districtvlr;: Mike Hollibaugh �arinel Plan Commissio ity Hall': brie Civic; Square Carmel; IN 46032 e;.146 Street R District and 421 TIF District dear Mr `Hollibaugh 1 enclose for your inforinatio an original and five copies of the proposed &Order for the Carmel Plan Commission concerning the above two TIF,pro� ects Under the Redevelopment `Act, a plan commission is required to "review fie plan,'and make sure that'any infrastructure that is going to be 'financed bythe Redevelopment. Plan conforms with zoning for the area: A you know, the tax increment from the'Kite project,'located immediately south of 146` Street and east of U.S, 31, is <to be used to :.develop the first :stage of the ramps, proj we.have discussed :previously ;:We,believeimproving access in:that`area would be consistent with all plans of ;Carmel: As to :the S: 421/96 .Street Area, the purpose of this °TIF Distnet;is to capture increment. to help the,Countyydefraythe cost of improvements to 96`-'.' Street east and west from the: State's intersection improvement VWhile there is; not a detailed development plan ,for the roads at this trine, the plan will be'fo improve those local roads to: tie into'the Sie'ari&SCOPe:Of the anticipated state "project Fyou will forward mek °a'copy of your agenda; I;wrll bepr at the Plan Commission meeting ;explain =legal need for these. orders' -and to` answer any:' questions thank ou in advance ,for your cooperation and assistance I should also inform you that there is o need for. a- noticed.public :'hearing on;either of,;these issues nclosiires M A. HOWARD; Attorney at Law 694 Logan Street oblesville, Indiana 46060 17)' Fax (317),776-236 NOTICE TO TAXPAYERS AND ALL OTHER PERSONS AFFECTED OF ADOPTION AND CONTENT OF RESOLUTION OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION AND NOTICE OF PUBLIC HEARING ON RESOLUTION Taxpayers of the Hamilton County Redevelopment District "District and all other persons affected hereby are notified that the Hamilton County Redevelopment Commission "Commission at a meeting held on June 2, 2000, adopted Resolution No. 6/20/00/A establishing the U.S. 31 Ramps Economic Development Area "Area and an allocation area within the Area. The Commission plans to enter into a lease to construct substantial road improvements within the Area, (hereinafter referred to as "the Project The Project will be constructed in two phases and is described as follows: North bound street from Keystone Avenue to the intersection of 146` Street and Greyhound Pass. This street (NBR) will be north bound only, to a point approximately 1,300 feet south of 146 Street. From that point, NBR will be a 2 -way street. Phase I will include the northern 800 feet of this street. Phase II will include all of NBR which is south of Phase I, including a bridge across Cool Creek. Phase II will also include Ramp 1 which will be a 180 degree loop which will connect NBR with north bound U.S. 31. The Declaratory Resolution, the Economic Development Plan, and supporting data including maps and plats describing the Area, have been prepared and can be inspected at the office of the Hamilton County Auditor, 33 North 9`" Street, Suite L -21, Noblesville, Indiana. Notice is further given that the Commission on September 22, 2000, the hour of 8:00 a.m., local time, at the Hamilton County Government and Judicial Center, One Hamilton County Square, Noblesville, Indiana, will receive and hear remonstrances from persons interested in or affected by the creation of the Allocation Area and the proposed economic development project. After the hearing, the Commission will determine the public utility and benefit of the proposed Project. At the time fixed for hearing or at any time prior thereto any person interested in the proceedings may file a written remonstrance with the Secretary of the Commission. At such hearing, which may be adjourned from time to time, the Commission will hear all persons interested in the proceedings and all remonstrances that have been filed. After considering this evidence, the Commission will take final action by either confirming, modifying and confirming, or rescinding the Declaratory Resolution. Dated this 8 day of September, 2000. HAMILTON COUNTY REDEVELOPMENT COMMISSION ss \Stephen K. Andrews President Publish: 9/11/00 NOTICE TO TAXPAYERS AND ALL OTHER PERSONS AFFECTED OF ADOPTION AND CONTENT OF RESOLUTION OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION AND NOTICE OF PUBLIC HEARING ON RESOLUTION Taxpayers of the Hamilton County Redevelopment District "District and all other persons affected hereby are notified that the Hamilton County Redevelopment Commission "Commission at a meeting held on February 25, 2000, adopted Resolution No. 2000 -1 establishing the 96 Street U.S.421 Economic Development Area "Area and an allocation area within the Area. The Commission will, at sometime in the future, be issuing bonds, or entering into a lease agreement to pay all or part of the costs to widen and expand 96` Street between Shelborne Road to the Boone County line and to substantially expand the intersections of 96` Street at Shelborne Road and U.S. 421 along the southern boundary of the Economic Development Area, to serve the residents of Hamilton County (hereinafter referred to as "the Project The Declaratory Resolution, the Economic Development Plan, and supporting data including maps and plats describing the Area, have been prepared and can be inspected at the office of the Hamilton County Auditor, 33 North 9` Street, Suite L -21, Noblesville, Indiana. Notice is further given that the Commission on September 22, 2000, the hour of 8:00 a.m., local time, at the Hamilton County Government and Judicial Center, One Hamilton County Square, Noblesville, Indiana, will receive and hear remonstrances from persons interested in or affected by the creation of the Allocation Area and the proposed economic development project. After the hearing, the Commission will determine the public utility and benefit of the proposed Project. At the time fixed for hearing or at any time prior thereto any person interested in the proceedings may file a written remonstrance with the Secretary of the Commission. At such hearing, which may be adjourned from time to time, the Commission will hear all persons interested in the proceedings and all remonstrances that have been filed. After considering this evidence, the Commission will take final action by either confirming, modifying and confirming, or rescinding the Declaratory Resolution. Dated this 8 day of September, 2000. HAMILTON COUNTY REDEVELOPMENT COMMISSION ss \Stephen K. Andrews Publish: 9/11/00 2 I/ ORDER OF THE CARMEL PLAN COMMISSION All 0 Q 200 DETERMINING THAT A DECLARATORY °005 RESOLUTION AND ECONOMIC DEVELOPMENT \7 PLAN APPROVED AND ADOPTED BY THE HAMILTON COUNTY REDEVELOPMENT COMMISSION CONFORM MINE COMPREHENSIVE PLAN AND APPROVING THAT RESOLUTION AND THE ECONOMIC DEVELOPMENT PLAN WHEREAS, Hamilton County "County Redevelopment Commission "Commission has on the 25th day of February, 2000, initially approved an Economic Development Plan "Plan") for the 96h Street -U.S. 421 Economic Development Area "Area which is within the zoning jurisdiction of the Carmel Plan Commission; and, WHEREAS, the Commission on the 25 day of February, 2000, adopted a Declaratory Resolution declaring that the Area is an economic development area and subject to economic development activities pursuant to IC 36 -7 -14 and IC 36 -7 -25, and all acts supplemental and amendatory thereto "Act and WHEREAS, the Act requires approval of the Declaratory Resolution and the Plan by the Carmel Plan Commission "Plan Commission NOW, THEREFORE, BE IT ORDERED by the Carmel Plan Commission, as follows: 1. That the Plan for the Area conforms to the Comprehensive Plan of development for Clay Township, Hamilton County, Indiana. 2. That the Plan is in all respects approved, ratified and confirmed. 3. That the Secretary of the Plan Commission is hereby directed to file a copy of the Declaratory Resolution and the Plan with the permanent minutes of this meeting. ATTEST: Passed by the Carmel Plan Commission, this day of August, 2000. Secretary Carmel Plan Commission President Carmel Plan Commission RESOLUTION NO. 2000-1 DECLARATORY RESOLUTION OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION WHEREAS, the Hamilton County "County Redevelopment Commission "Commission has investigated, studied, and surveyed economic development areas within Hamilton County, which are outside of the corporate boundaries of the cities and towns of the County; and WHEREAS, the Commission has selected an economic development area to be developed under IC 36 -7 -14 and IC 36 -7 -25 (collectively, the "Act ");and WHEREAS, the Commission has prepared an economic development plan "Plan") for the selected economic development area, which Plan is attached to and incorporated by reference in this resolution; and WHEREAS, the Commission has caused to be prepared: (1) Maps and plats showing: (A) the boundaries ofthe economic development area, the location of various parcels of property, streets, alleys, and other features affecting the acquisition, clearance, replatting, replanning, rezoning or economic development of the area, indicating any parcels of property to be excluded from the acquisition; and (B) the parts of the acquired areas that are to be devoted to public ways, levees, sewerage, parks, playgrounds, and other public purposes under the Plan; (2) Lists of the owners of the various parcels of property proposed to be acquired; and (3) An estimate of the cost of acquisition, of right of way and the costs of the economic development Project included in the Plan; and WHEREAS, the Commission has caused to be prepared a factual report "Report") in support of the findings contained in this resolution, which Report is attached to and incorporated by reference in this resolution; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION THAT: (1) The Commission has selected an economic development area. The Commission hereby designates the 96 Street -U.S. 421 Economic Development Area "Economic Development Area which is described in Exhibit A. The Commission hereby determines that the Economic Development Area constitutes an "economic development area" under the Act. (2) The Commission hereby approves the Plan and finds that the Plan for the Economic Development Area: (A) Promotes significant opportunities for the gainful employment of the citizens of the County; (B) Retains or expands a significant business enterprise existing in the County; (C) Benefits the public health, safety, morals and welfare of the citizens of the County; (D) Increases the economic well -being of the County and the State of Indiana; d (E) Serves to protect and increase property value in the County and the State of Indiana. (3) The Commission finds that the Plan cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to the powers allowed the Commission under IC 36 -7 -14 because of the lack of local public improvements, specifically roads, of sufficient size and capacity to permit adequate flow of traffic out of, into, and through the Economic Development Area. (4) The Commission finds that the public health and welfare will be benefitted by the accomplishment of the Plan for the Area, specifically by providing for substantial improvements to 96 Street between its intersection with Shelborne Road and the Boone County line. (5) and benefit as measured by: (A) The attraction and retention of permanent jobs; (B) An increase in the property tax base; (C) Improved diversity of the economic base; and (D) Improved traffic flow into and from the Economic Development Area. (6) The plan for the Economic Development Area conforms to other development and redevelopment plans for the County. (7) expand 96 Street from Shelborne Road to the Boone County line and to substantially expand the intersections of 96`'' Street at Shelborne Road and U. S. 421. These interests in Real Estate are all either located within, or contiguous to, the boundaries of the Economic Development Area. The Commission finds that the accomplishment of the Plan will be of public utility The Commission proposes to acquire interests in real property necessary to widen and The Commission estimates that the cost of implementing the Plan will not exceed Fourteen Million Dollars ($14,000,000). (9) The Commission finds that no residents of the Economic Development Area will be displaced by any project resulting from the Plan; and, therefore, the Commission finds that it does not need to give consideration to transitional and permanent provisions for adequate housing for the residents. (10) This paragraph shall be considered the allocation provision for the purposes of IC 36- 7-14-39. The portion of the Economic Development Area described on Exhibit B shall constitute an allocation area as defined in IC 36- 7- 14 -39. Any real property taxes levied on or after the effective date of this resolution by or for the benefit of any public body entitled to a distribution of real property taxes in the allocation area shall be allocated and distributed in accordance with IC 37- 7-14-39(a). (11) All of the rights, powers, privileges, and immunities that may be exercised by the Commission in a Redevelopment Area or Urban Renewal Area may be exercised by the Commission in the Economic Development Area, subject to the limitations in IC 36- 7- 14 -43. (12) The presiding officer of the Commission is hereby authorized and directed to submit this resolution, the Plan, and the Report to the Carmel/Clay Plan Commission for its approval. (13) The Commission also directs the presiding officer, after receipt of the written order of approval of the Carmel /Clay Plan Commission, which has been approved by the Board of Commissioners of Hamilton County, to publish notice of the adoption and substance of this resolution in accordance with IC 5 -3 -1 -4 and to file notice with the Carmel/Clay Plan Commission, the Carmel/Clay Board of Zoning Appeals, the Hamilton County Park Board, and the Department of Community Services of the City of Carmel as the department concerned with unit planning, zoning variances, and land use or the issuance of building permits within the Economic Development Area. The notice must state that maps and plats have been prepared and can be inspected at the office of the County Auditor and must establish a date when the Commission will receive and hear remonstrances and objections from persons interested in or affected by the proceedings pertaining to the proposed project and will determine the public utility and benefit of the proposed project. Copies of the notice must also be filed with the officer authorized to fix budgets, tax rates and tax levies under IC 6- 1.1 -17 -5 for each taxing unit that is either wholly or partly located within the proposed allocation area. (14) The Commission also directs the presiding officer to prepare or cause to be prepared a statement disclosing the impact of the allocation area, including the following: (A) The estimated economic benefits and costs incurred by the allocation area, as measured by increased employment and anticipated growth of real property, personal property and inventory assessed values; and (B) The anticipated impact on tax revenues of each taxing unit that is either wholly or partly located within the allocation area. A copy of this statement shall be filed with each such taxing unit with a copy of the notice required under Section 17 of the Act at least 10 days before the date of the hearing described in Section 13 of this resolution. (15) The Commission further directs the presiding officer to submit this resolution to the Board of Commissioners of Hamilton County for its approval of the establishment of the Economic Development Area. (16) This Resolution shall be effective as of its date of adoption. ATTEST: Adopted A W ,2000. Secretary HAMILTON TY REDEVELOPMENT C OMLIWOO: i f s thews "RI William C Cran• all Charlotte Swain nier dward Costomiris (j7/Zte, 7a,„ Exhibit A A DESCRIPTION OF THE 96 STREET- U.S.421 ECONOMIC DEVELOPMENT AREA The Economic Development Area shall consist of all of Section 07, Township 17 North, Range 03 East in Clay Township, Hamilton County, Indiana. This section is bounded on the south by 96 Street; on the west by the Hamilton County/Boone County line; on the north by 106 Street and on the east by Shelbome Road. PLUS: The following parcels of real estate located within Section 06, Township 17 North, Range 03 East which are north of 106 Street and primarily contiguous to U.S. 421 which are known as the following Hamilton County Tax Parcels: Parcel No. 17- 13- 06 -00 -00 -028 Parcel No. 17- 13- 06- 00 -00- 028.001 Parcel No. 17- 13- 06- 00 -00- 028.003 Parcel No. 17- 13- 06- 00- 00- 028.004 Parcel No. 17- 13- 06 -00 -00 -029 Parcel No. 17- 13- 06 -00 -00 -030 Parcel No. 17- 13- 06- 00 -00- 030.001 Parcel No. 17- 13- 06 -00 -00 -031 Parcel No. 17- 13- 06 -00 -00 -032 Parcel No. 17- 13- 06 -00 -00 -033 Exhibit B 96` STREET- U.S.421 ALLOCATION AREA The allocation street for the 96 Street -U.S. 421 Allocation Area consists of all of the land located in the Economic Development Area described in Exhibit A with the exception of the following residential parcels located in Section 07, Township 17 North, Range 03 East: Ashbrook Subdivision, Section 1, identified as Tax Parcel Block 13- 07 -00 -03 Ashbrook Subdivision, Section 2, identified as Tax Parcel Block 13- 07 -00 -04 Ashbrook Subdivision, Section 3, identified as Tax Parcel Block 13- 07 -00 -05 Ashbrook Subdivision, Section 4, identified as Tax Parcel Block 13- 07 -00 -06 Springs Arbor Subdivision, Section 1, identified as Tax Parcel Block 13- 07 -04 -05 Springs Arbor Subdivision, Section 2, identified as Tax Parcel Block 13- 07 -04 -06 Parcel No. 13- 07- 00 -00- 015.003 Parcel No. 13- 07- 00 -00- 015.004 Parcel No. 13- 07 -00 -00 -016 Parcel No. 13- 07- 00 -00- 016.001 Parcel No. 13- 07 -00 -00 -017 Parcel No. 13- 07 -00- 00-018 Parcel No. 13- 07 -00 -00 -019 Parcel No. 13- 07- 00 -00- 019.001 Parcel No. 13- 07 -00 -00 -020 Parcel No. 13- 07 -00 -00 -021 Parcel No. 13- 07 -00 -00 -022 Parcel No. 13- 07 -00 -00 -023 Parcel No. 13- 07 -00 -00 -024 Parcel No. 13- 07- 00 -00- 024.001 Parcel No. 13- 07 -00 -00 -025 Parcel No. 13- 07 -00 -00 -027 Parcel No. 13- 07- 00 -00- 027.001 Parcel No. 13- 07 -00 -00 -028 Parcel No. 13- 07- 00 -00- 028.001 Parcel No. 13- 07 -00 -00 -033 Parcel No. 13- 07- 00 -00- 033.001 Parcel No. 13- 07- 00 -00- 033.101 Parcel No. 13- 07 -00 -00 -034 Parcel No. 13- 07 -00 -00 -035 Parcel No. 13- 07 -00 -00 -036 Parcel No. 13- 07 -00 -00 -037 Parcel No. 13- 07 -00 -00 -038 Parcel Nos. 13- 07 -04 -01 -005 through 13- 07 -04 -01 -017 Parcel Nos. 13- 07 -04 -02 -002 through 13- 07 -04 -02 -024 Parcel Nos. 13- 07 -04 -03 -002 through 13- 07 -04 -03 -012 Parcel Nos. 13- 07 -04 -04 -001 through 13- 07 -04 -04 -010 ECONOMIC DEVELOPMENT PLAN FOR THE ECONOMIC DEVELOPMENT AREA 96 STREET- U.S.421 HAMILTON COUNTY REDEVELOPMENT COMMISSION Dated: February 25, 2000 Purpose and Introduction. This document is the Economic Development Plan ("Plan") for the 96 Street -U.S. 421 Economic Development Area "Economic Development Area for Hamilton County, Indiana, "County It is intended for approval by the Board of Commissioners of Hamilton County, the Carmel/Clay Plan Commission and the Hamilton County Redevelopment Commission "Redevelopment Commission") in conformance with IC 36 -7 -14. Project Objectives. The purposes of the Plan are to benefit the public health, safety, morals, and welfare of the citizens of the County and to increase the economic well -being of the County and the State of Indiana. The Plan is designed to promote significant opportunities for the gainful employment of citizens of the County; to retain or expand existing significant business enterprises within the County; to provide for local public improvements in the Economic Development Area; to remove improvements or conditions that lower the value of the land in the Economic Development Area below that of nearby land; to attract and retain permanent jobs; to increase the property tax base; and to improve the diversity of the economic base of the County. The factual report attached to this Plan contains the supporting data for the above declared purposes of the Plan. Description of Project Area. The Economic Development Area is located in the southwest corner of Hamilton County and is shown in the TIF Assessment Report Map contained in the Feasibility Study prepared by Beam, Longest Neff, LLC, for the Hamilton County Board of Commissioners dated December 23, 1999, (hereinafter referred to as "the Study which is included as part of this Plan. Project Description. The "Project," as described in the Study, consists of acquisition of right of way and construction of substantial improvements to 96 Street from Shelborne Road to the Hamilton County Boone County line, including improvements to the entire intersections at 96` and Shelborne Road, and 96 and U.S. 421. The State of Indiana is in the process of planning substantial improvements to U.S. 421 and its intersection with I -465. The Project, combined with the State's U.S. 421 Project, will greatly enhance traffic flow in and near the Economic Development Area. The Project may be completed and financed in phases, with the first phase consisting of design and right of way acquisition. The second phase would be the construction of the Project. Acquisition of Property. In order to accomplish the Project, it is expected that Hamilton County, Indiana, (hereinafter referred to as "the County will acquire, by use of eminent domain, if necessary, right of way from the parcels of real estate as shown on the Required Right of Way Parcels and Acquisition Estimate which is contained in the Study. The right of way will be assigned by the County to the Commission. Procedures with Respect to the Project. In accomplishing the Project, the Redevelopment Commission may proceed with the Project before the final acquisition of all land in the Economic Development Area. All contracts for material or labor in the accomplishment of the Projects shall be let under IC 36 -1. In the planning and rezoning of real property acquired or to be used in the accomplishment of the Plan; the opening, closing, relocation and improvement of public ways; and the construction, relocation, and improvement of sewers and utility services; the Redevelopment Commission shall proceed in the same manner as private owners of the property. The Redevelopment Commission may negotiate with the proper officers and agencies of the County to secure the proper orders, approvals, and consents. Any construction work required in connection with the Project may be carried out by the appropriate municipal or county department or agency. The Redevelopment Commission may carry out the construction work if all plans, specifications, and drawings are approved by the appropriate department or agency and the statutory procedures for the letting of the contracts by the appropriate department or agency are followed by the Redevelopment Commission. The Redevelopment Commission may pay any charges or assessments made on account of orders, approvals, consents, and construction work with respect to the Projects or may agree to pay these assessments in installments as provided by statute in the case of private owners. None of the real property acquired for the Project may be set aside and dedicated for public ways, parking facilities, sewers, levees, parks, or other public purposes until the Redevelopment Commission has obtained the consents and approval of the department or agency under whose jurisdiction the property will be placed. Disposal of Property_. The Redevelopment Commission may dispose of real property acquired by sale or lease to the public after causing to be prepared two (2) separate appraisals of the sale value or rental value to be made by independent appraisers. However, if the real property is less than five (5) acres in size and the fair market value of the real property or interest has been appraised by one (1) independent appraiser at less than Ten Thousand Dollars ($10,000), the second appraisal may be made by a qualified employee of the Department of Redevelopment. The Redevelopment Commission will prepare an offering sheet and will maintain maps and plats showing the size and location of all parcels to be offered. Notice will be published of any offering in accordance with IC 5 -3 -1. The Redevelopment Commission will follow the procedures of IC 36- 7 -14 -22 in making a sale or lease of real property acquired. Financing of the Projects. It is the intention of the Redevelopment Commission to issue bonds payable from incremental ad valorem property taxes allocated under IC 36- 7 -14 -39 in order to raise money for property acquisition and completion of the Project to benefit the Economic Development Area. The amount of these bonds may not exceed the total, as estimated by the Redevelopment Commission of all expenses reasonably incurred in connection with the Projects, including: (1) The total cost of all land, right -of -way, and other property to be acquired and developed; (2) All reasonable and necessary architectural, engineering, legal, financing, accounting, advertising, bond discount and supervisory expenses related to the acquisition and development of the Project or the issuance of bonds;and (3) Interest (not to exceed 5 years from the date of issuance) and a debt service reserve for the bonds to the extent the Redevelopment Commission determines that a reserve is reasonably required. (4) Expenses that the Redevelopment Commission is required or permitted to pay under IC 8- 23 -17. In the issuance of bonds the Redevelopment Commission will comply with IC 36 -7 -14 -25.1. As an alternative to the issuance of bonds or in conjunction with it, the Redevelopment Commission may enter into a lease of any property that could be financed with the proceeds of bonds under IC 36 -7 -14. The lease is subject to the provisions of IC 36 -7 -14 -25.2 and IC 36 -7 -14 -25.3. Am endment of the Plan. By following the procedures specified in IC 36 -7 -14 -17.5, the Redevelopment Commission may amend the Plan for the Economic Development Area, but any such amendment must be approved by the Board of Commissioners of Hamilton County. Termination Date for Tax Increment Financing District The Tax Increment Financing District to be used to provide financing for this plan will expire on February 25, 2030. FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED IN RESOLUTION NO. 2000-1 OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION 1. The Plan for the Economic Development Area will promote significant opportunities for the gainful employment of citizens of Hamilton County by increasing the traffic flow into and out of the Economic Development Area which will accelerate and expand the development within the Area leading to more employment and economic activity within the Area. 2. The Plan will retain or expand existing significant business enterprises in the County and the Economic Development Area by providing better access for customers and employees to the commercial and industrial properties within the Economic Development Area. 3. The planning, replanning, development, and redevelopment of the Economic Development Area will benefit the public health, safety, morals and welfare; increase the economic well -being of the County and the State of Indiana; and serve to protect and increase property values in the County and the State of Indiana, by providing expanded and safer streets near the Area. 4. The Plan for the Economic Development Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to IC 36 -7 -14 (the redevelopment statute) because of the lack of local public streets and the high cost of right of way to expand 96 Street to serve the Economic Development Area. 5. The accomplishment of the Plan for the Economic Development Area will be of public utility and benefit as measured by: (A) The attraction of numerous permanent jobs to the businesses to be located on the undeveloped land within the Area. (B) An estimated increase in the real property tax base of $19,000,000 and an increase in the personal property tax base of at least $8,000,000. 6. The Commission estimates that it will need to issue bonds or enter into a lease financing of approximately $14,000,000 to implement the Plan. nclosed are the: maps of the :W Ok Street aril U S``421 Econorriic Development Area and the 7 S 31 Ramps,Economic Development Area These items appear.as 1 G and 2G o your eptember 19, 2000 ;meeting:; I apologize:for not getting these matters to you sooner .:I will Have etter aerial photos at the meeting, so that,you may further orientate yourself to the locations `of :ommission ORDER OF THE CARMEL PLAN COMMISSION DETERMINING THAT A DECLARATORY RESOLUTION AND ECONOMIC DEVELOPMENT PLAN APPROVED AND ADOPTED BY THE HAMILTON COUNTY REDEVELOPMENT COMMISSION CONFORM TO THE COMPREHENSIVE PLAN AND APPROVING THAT RESOLUTION AND THE ECONOMIC DEVELOPMENT PLAN WHEREAS, Hamilton County "County Redevelopment Commission "Commission has on the 2nd day of June, 2000, initially approved an Economic Development Plan "Plan for the U. S. 31 Ramps Economic Development Area "Area which is within the zoning jurisdiction of the Carmel Plan Commission; and, WHEREAS, the Commission on the 2n day of June, 2000, adopted a Declaratory Resolution declaring that the Area is an economic development area and subject to economic development activities pursuant to IC 36 -7 -14 and IC 36 -7 -25, and all acts supplemental and amendatory thereto "Act and WHEREAS, the Act requires approval of the Declaratory Resolution and the Plan by the Carmel Plan Commission "Plan Commission NOW, THEREFORE, BE IT ORDERED by the Carmel Plan Commission, as follows: 1. That the Plan for the Area conforms to the Comprehensive Plan of development for the City and for the real estate within the Area which is contiguous to the City. 2. That the Plan is in all respects approved, ratified and confirmed. 3. That the Secretary of the Plan Commission is hereby directed to file a copy of the Declaratory Resolution and the Plan with the permanent minutes of this meeting. ATTEST: Passed by the Carmel Plan Commission, this day of 2000. Secretary Carmel Plan Commission President Carmel Plan Commission RESOLUTION NO. 612/00/A DECLARATORY RESOLUTION OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION WHEREAS, the Hamilton County "County") Redevelopment Commission "Commission has investigated, studied and surveyed economic development areas within the corporate boundaries of the County; and WHEREAS, the Commission has selected an economic development area to be developed under IC 36 -7 -14 and IC 36 -7 -25 (collectively, "Act and WHEREAS, the Commission has prepared an economic development plan "Plan") for the selected economic development area, which Plan is attached to and incorporated by reference m this resolution; and 631716.1 WHEREAS, the Commission has caused to be prepared: (1) Maps and plats showing: (A) the boundaries ofthe economic development area, the location of various parcels of property, streets, alleys, bridges, and other features affecting the acquisition, clearance, replatting, replanning, rezoning or economic development of the area, indicating any parcels of property to be excluded from the acquisition; and (B) the parts of the acquired areas that are to be devoted to public ways, bridges, and other public purposes under the Plan; (2) Lists of the owners of the various parcels of property proposed to be acquired; and (3) An estimate of the cost of acquisition, redevelopment and economic development; and WHEREAS, the Commission has caused to be prepared a factual report "Report") in support of the findings contained in this resolution, which Report is attached to and incorporated by reference in this resolution; WHEREAS, the City of Carmel, Indiana "City") and the County entered into an Interlocal Agreement approved by the Board of Commissioners of Hamilton County on the 10 day of April, 2000, and approved by the Common Council of the City of Carmel on the 17 day of April, 2000, "Agreement under which the City assigned certain property listed in Exhibit A to the County under IC 36- 7 -25 -4 for the purpose of establishing an economic development area and an allocation area in the County; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION THAT: (1) The Commission has selected as an economic development area an area within its corporate boundaries, which area the Commission is hereby designating as the U.S. 31 Ramps Economic Development Area "Economic Development Area and which Economic Development Area is generally located south of 146 Street and on the east and west sides of U.S. 31, and includes the Hamilton County Tax Parcels described in Exhibit A, which is the same property assigned to the County pursuant to the Agreement. (2) The Commission finds that the Plan for the Economic Development Area: (A) Promotes significant opportunities for the gainful employment of the citizens of the County; (B) Attracts major new business enterprises to the County; (C) Benefits the public health, safety, morals and welfare of the citizens of the County; (D) Increases the economic well -being of the County and the State of Indiana; and (E) Serves to protect and increase property values in the County and the State of Indiana; (F) Provides for the construction of local streets and ramps to enhance the flow of traffic through and near the Economic Development Area, all to the benefit of the citizens of Hamilton County. (3) The Commission finds that the Plan cannot be achieved by regulatory processes or by the ordinary operation ofprivate enterprise without resort to the powers allowed the Commission under IC 36 -7 -14 because of: (4) The Commission finds that the public health and welfare will be benefitted by the accomplishment of the Plan for the Area by improving traffic flow within, and contiguous to, the Area. (5) The Commission finds that the accomplishment of the Plan will be of public utility and benefit as measured by: 631716.1 (A) The lack of local public improvements, including local streets, ramps, and bridges; (A) The attraction and retention of permanent jobs; (B) An increase in the property tax base; (C) Improved diversity of the economic base; and 2 (D) Improving traffic flow through and around the intersection of 146 Street and U.S. 31. (6) The plan for the Economic Development Area conforms to other development and redevelopment plans for the County and the City of Carmel. (7) The Commission proposes to acquire interests in real property within the boundaries of the Economic Development Area as shown in the Plan for the construction of local streets, ramps, and bridges. (8) The Commission may be required to acquire land for the mitigation of wet lands which may be damaged by construction of the roads, bridges, and ramps within the Area. (9) The Commission estimates that the cost of implementing the initial two phases of the Plan will be approximately $4,600,000. (10) The Commission finds that in the event residents of the Economic Development Area will be displaced by any project resulting from the Plan, the Commission will give consideration to transitional and permanent provisions for adequate housing for the residents as provided by Indiana Code 8- 23 -17. (11) This paragraph shall be considered the allocation provision for the purposes of IC 36- 7-14-39. The entire Economic Development Area shall constitute an allocation area as defined in IC 36- 7 -14 -39 "Allocation Area Any property taxes levied on or after the effective date of this resolution 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 in accordance with IC 36 -7- 14-39 or any applicable successor provision. This allocation provision shall expire no later than 30 years after the effective date of this resolution. (12) All of the rights, powers, privileges, and immunities that may be exercised by the Commission in a Redevelopment Area or Urban Renewal Area may be exercised by the Commission in the Economic Development Area, subject to the limitations in IC 36- 7- 14 -43. (13) The presiding officer of the Commission is hereby authorized and directed to submit this resolution, the Plan, and the Report to the Carmel Plan Commission "Plan Commission for its approval. (14) The Commission also directs the presiding officer, after receipt of the written order of approval of the Plan Commission and the approval of the Plan Commission's order by the Board of Commissioners to publish notice of the adoption and substance of this resolution in accordance with IC 5 -3 -1 -4 and to file notice with the building commissioner and any other departments or agencies of the County concerned with County planning, zoning variances, land use or the issuance of building permits. The notice must state that maps and plats have been prepared and can be inspected at the office of the County's department of redevelopment and must establish a date when the Commission will receive and hear remonstrances and objections from persons interested in or 631716.1 3 affected by the proceedings pertaining to the proposed project and will determine the public utility and benefit of the proposed project. Copies of the notice must also be filed with the officer authorized to fix budgets, tax rates and tax levies under IC 6- 1.1 -17 -5 for each taxing unit that is either wholly or partly located within the proposed Allocation Area. (15) The Commission also directs the presiding officer to prepare or cause to be prepared a statement disclosing the impact of the Allocation Area, including the following: (A) The estimated economic benefits and costs incurred by the Allocation Area, as measured by increased employment and anticipated growth of real property, personal property and inventory assessed values; and (B) The anticipated impact on tax revenues of each taxing unit that is either wholly or partly located within the Allocation Area. A copy of this statement shall be filed with each such taxing unit with a copy of the notice required under Section 17 of the Act at least 10 days before the date of the hearing described in Section 13 of this resolution. (16) The Commission further directs the presiding officer to submit this resolution to the Board of Commissioners for its approval of the establishment of the Economic Development Area. 631716.1 (17) This Resolution shall be effective as of its date of adoption. 4 Adopted June 2, 2000. ATTEST: Secretary 631716.1 5 HAMILTON COUNTY REDEVELOPMENT COMMISSION sident Vice Presiden Secretary Member Member 1. 16- 09- 24- 00 -00- 010.000 2. 16- 09- 24- 00 -00- 010.001 3. 16- 09- 24- 00 -00- 011.000 4. 16- 09- 24- 00 -00- 012.000 5. 16- 09- 24- 00 -00- 013.000 6. 16- 09- 24- 00 -00- 014.000 7. 16- 09- 24- 00 -00- 015.000 8. 16- 09- 24- 02 -07- 005.000 9. 16- 09- 24- 02 -07- 012.000 10. 16- 09- 24- 04 -03- 014.000 11. 16- 09- 24- 04 -03- 015.000 12. 16- 09- 24- 04 -03- 016.000 13. 16- 09- 24- 04 -03- 017.000 14. 16- 10- 19- 00 -00- 001.002 15. 16- 10- 19- 00- 00- 001.000 16. 16- 10- 19- 00 -08- 024.000 17. 16- 10- 19- 00 -08- 025.000 18. 16- 10- 19- 00 -08- 026.000 19. 16- 10- 19- 00 -08- 027.000 20. 16-10-19-00-08-028.000 21. 16- 10- 19- 00 -08- 029.000 22. 16- 10- 19- 00 -08- 031.000 23. 16-10-19-00-08-032.000 24. 17- 10- 19- 00 -00- 027.000 Exhibit A ECONOMIC DEVELOPMENT PLAN FOR THE ECONOMIC DEVELOPMENT AREA HAMILTON COUNTY REDEVELOPMENT COMMISSION Purpose and Introduction. This document is the Economic Development Plan "Plan") for the U. S. 31 Ramps Economic Development Area "Economic Development Area for Hamilton County, Indiana "County It is intended for approval by the Board of Commissioners, the Carmel Plan Commission and the Hamilton County Redevelopment Commission "Redevelopment Commission in conformance with IC 36 -7 -14. Project Objectives. The purposes of the Plan are to benefit the public health, safety, morals, and welfare of the citizens of the County; increase the economic well -being of the County and the State of Indiana; and serve to protect and increase property values in the County and the State of Indiana. The Plan is designed to promote significant opportunities for the gainful employment of citizens of the County, attract a major new business enterprise to the County, retain or expand existing significant business enterprises to the County, provide for local public improvements in the Economic Development Area, remove improvements or conditions that lower the value of the land in the Economic Development Area below that of nearby land, resolve problems associated with multiple ownership of land, attract and retain permanent jobs, increase the property tax base, and improve the diversity of the economic base of the County. The factual report attached to this Plan contains the supporting data for the above declared purposes of the Plan. Description of Project Area. The Economic Development Area is located in the County and is described as that area contained in the maps filed with the Commission on this date, including the property assigned to the County under the Interlocal Agreement, between the County and the City of Carmel. The general description of the Economic Development Area is approximately 145 acres on both the east and west sides of U. S. 31 and immediately south of 146 Street in Clay Township, Hamilton County, specifically being the Hamilton County Tax Parcels listed on the attached Exhibit A. Project Description. The economic development of the Economic Development Area is anticipated to proceed in three phases, described as follows: Phase I and II will include the construction of a north bound street from Keystone Avenue to the intersection of 146 Street and Greyhound Pass. This street (NBR) will be north bound only to a point approximately 1,300 feet south of 146 Street. From that point, NBR will be a 2 -way street. Phase I will include the northern 800 feet of this street. Phase II will include all of NBR which is south of Phase I, including a bridge across Cool Creek. Phase II will also include Ramp 1 which will be a 180 degree loop which will connect NBR with north bound U.S. 31. It is anticipated that Phase I and Phase II will be financed together. Phase III will include the construction of Range Line Road from its current intersection with U.S. 31, north to 146 Street on the west side of U.S. 31. Phase III is not anticipated to be completed until there is private development on the west side of U.S. 31 within, or contiguous to, the Economic Development Area. Acquisition of Property. In order to accomplish the Projects, the Redevelopment Commission will acquire, without the use of eminent domain by the Redevelopment Commission, the following interests in property: 1. All right of way needed for the road identified as NBR above, including land for wet land mitigation. 2. All right of way needed to reconstruct the cul -de -sac on Dublin Drive. 3. All right of way needed for the road identified as Ramp 1 above. 4. All right of way needed for Range Line Road from U.S. 31 to 146 Street described above. The Redevelopment Commission shall follow procedures in IC 36- 7 -14 -19 in the acquisition of property. The Redevelopment Commission may not exercise the power of eminent domain in an economic development area. Procedures with respect to the Projects. In accomplishing the Projects, the Redevelopment Commission may proceed with the Projects before the acquisition of all interests in land in the Economic Development Area. All contracts for material or labor in the accomplishment of the Projects shall be let under IC 36 -1. In the planning and rezoning of real property acquired or to be used in the accomplishment of the Plan; the opening, closing, relocation and improvement of public ways; and the construction, relocation, and improvement of sewers and utility services; the Redevelopment Commission shall proceed in the same manner as private owners of the property. The Redevelopment Commission may negotiate with the proper officers and agencies of the County to secure the proper orders, approvals, and consents. Any construction work required in connection with the Projects may be carried out by the appropriate municipal or county department or agency. The Redevelopment Commission may carry out the construction work if all plans, specifications, and drawings are approved by the appropriate department or agency and the statutory procedures for the letting of the contracts by the appropriate department or agency are followed by the Redevelopment Commission. The Redevelopment Commission may pay any charges or assessments made on account of orders, approval, consents, and construction work with respect to the Projects or may agree to pay these assessments in installments as provided by statute in the case of private owners. None of the real property acquired for the Projects may be set aside and dedicated for public ways, parking facilities, sewers, levees, parks, or other public purposes until the Redevelopment Commission has obtained the consents and approval of the department or agency under whose jurisdiction the property will be placed. Disposal of Property. The Redevelopment Commission may dispose of real property acquired by sale or lease to the public after causing to be prepared two (2) separate appraisals of the sale value or rental value to be made by independent appraisers. However, if the real property is less than five (5) acres in size and the fair market value of the real property or interest has been appraised by one (1) independent appraiser at less than Ten Thousand Dollars ($10,000), the second appraisal may be made by a qualified employee of the Department of Redevelopment. The Redevelopment Commission will prepare an offering sheet and will maintain maps and plats showing the size and location of all parcels to be offered. Notice will be published of any offering in accordance with IC 5 -3 -1. The Redevelopment Commission will follow the procedures of IC 36- 7 -14 -22 in making a sale or lease of real property acquired. Financing of the Projects. It is the intention of the Redevelopment Commission to issue bonds payable from incremental ad valorem property taxes allocated under IC 36- 7 -14 -39 in order to raise money for property acquisition and completion of the Projects in the Economic.Development Area. The amount of these bonds may not exceed the total, as estimated by the Redevelopment Commission of all expenses reasonably incurred in connection with the Projects, including: (1) developed; The total cost of all land, rights -of -way, and other property to be acquired and (2) All reasonable and necessary architectural, engineering, legal, financing, accounting, advertising, bond discount and supervisory expenses related to the acquisition and development of the Projects or the issuance of bonds; (3) Interest on the bonds (not to exceed 5 years from the date of issuance) and a debt service reserve for the bonds to the extent the Redevelopment Commission determines that a reserve is reasonably required; and (4) Expenses that the Redevelopment Commission is required or permitted to pay under IC 8- 23 -17. 25.1. In the issuance of bonds the Redevelopment Commission will comply with IC 36 -7 -14- As an alternative to the issuance of bonds or in conjunction with it, the Redevelopment Commission may enter into a lease of any property that could be financed with the proceeds of bonds under IC 36 -7 -14. The lease is subject to the provisions of IC 36 -7 -14 -25.2 and IC 36 -7- 14 -25.3. Amendment of the Plan. By following the procedures specified in IC 36 -7 -14 -17.5, the Redevelopment Commission may amend the Plan for the Economic Development Area. However, any enlargement of the boundaries of the Economic Development Area must be approved by the Board of Commissioners. FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED IN RESOLUTION NO. 6/2/00 OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION 1. The Plan for the Economic Development Area will promote significant opportunities for the gainful employment of citizens of Hamilton County "County") as follows: The development of the Project east of U.S. 31 is anticipated to generate at least 100 full time and 100 part time jobs. The development of the land west of U.S. 31 has not yet been defined, but would generate additional employment within the City of Carmel and Hamilton County. 2. The Plan will expand retail sales opportunities within Hamilton County, thereby allowing more of the disposable income of Hamilton County residents to be spent within the County. 3. The planning, replanning, development, and redevelopment of the Economic Development Area will benefit the public health, safety, morals and welfare; increase the economic well -being of the County and the State of Indiana; and serve to protect and increase property values in the County and the State of Indiana by improving the traffic flow through one of the most congested intersections in Hamilton County. 4. The Plan for the Economic Development Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to IC 36 -7 -14 (the redevelopment statute) because of the lack of local public improvements, namely, local streets, ramps, and bridges within and near the Economic Development Area. 5. The accomplishment of the Plan for the Economic Development Area will be of public utility and benefit as measured by: (1) The attraction of an estimated 200 full and part time permanent jobs; (2) An estimated increase in the property tax base of approximately Five Million Dollars ($5,000,000) of assessed valuation; and (3) Improved diversity of the economic base of the County by increasing the commercial assessed value within the County without increasing the property tax burden for new schools. 6. The Commission estimates that it will need to issue bonds or enter into a lease financing of approximately $4,600,000 to implement Phase I of the Plan. FACTUAL REPORT IN SUPPORT OF FINDINGS CONTAINED IN RESOLUTION NO. 2000-1 OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION 1. The Plan for the Economic Development Area will promote significant opportunities for the gainful employment of citizens of Hamilton County by increasing the traffic flow into and out of the Economic Development Area which will accelerate and expand the development within the Area leading to more employment and economic activity within the Area. 2. The Plan will retain or expand existing significant business enterprises in the County and the Economic Development Area by providing better access for customers and employees to the commercial and industrial properties within the Economic Development Area. 3. The planning, replanning, development, and redevelopment of the Economic Development Area will benefit the public health, safety, morals and welfare; increase the economic well -being of the County and the State of Indiana; and serve to protect and increase property values in the County and the State of Indiana, by providing expanded and safer streets near the Area. 4. The Plan for the Economic Development Area cannot be achieved by regulatory processes or by the ordinary operation of private enterprise without resort to IC 36 -7 -14 (the redevelopment statute) because of the lack of local public streets and the high cost of right of way to expand 96 Street to serve the Economic Development Area. 5. The accomplishment of the Plan for the Economic Development Area will be of public utility and benefit as measured by: (A) The attraction of numerous permanent jobs to the businesses to be located on the undeveloped land within the Area. (B) An estimated increase in the real property tax base of $19,000,000 and an increase in the personal property tax base of at least $8,000,000. 6. The Commission estimates that it will need to issue bonds or enter into a lease financing of approximately $14,000,000 to implement the Plan. AMENDED NOTICE TO TAXPAYERS AND ALL OTHER PERSONS AFFECTED OF ADOPTION AND CONTENT OF RESOLUTION OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION AND NOTICE OF PUBLIC HEARING ON RESOLUTION (96 Street -U.S. 421 Project) Taxpayers of the Hamilton County Redevelopment District "District and all other persons affected hereby are notified that the Hamilton County Redevelopment Commission "Commission at a meeting held on February 25, 2000, adopted Resolution No. 2000 -1 establishing the 96 Street U.S.421 Economic Development Area "Area and an allocation area within the Area. The Commission will, at sometime in the future, be issuing bonds, or entering into a lease agreement to pay all or part of the costs to widen and expand 96 Street between Shelborne Road to the Boone County line and to substantially expand the intersections of 96 Street at Shelborne Road and U.S. 421 along the southern boundary of the Economic Development Area, to serve the residents of Hamilton County (hereinafter referred to as "the Project The Declaratory Resolution, the Economic Development Plan, and supporting data including maps and plats describing the Area, have been prepared and can be inspected at the office of the Hamilton County Auditor, 33 North 9th Street, Suite L -21, Noblesville, Indiana. Notice is further given that the Commission on October 5, 2000, at the hour of 8:00 a.m., local time, at the Hamilton County Government and Judicial Center, One Hamilton County Square, Noblesville, Indiana, will receive and hear remonstrances from persons interested in or affected by the creation of the Allocation Area and the proposed economic development project. After the hearing, the Commission will determine the public utility and benefit of the proposed Project. At the time fixed for hearing or at any time prior thereto any person interested in the proceedings may file a written remonstrance with the Secretary of the Commission. At such hearing, which may be adjourned from time to time, the Commission will hear all persons interested in the proceedings and all remonstrances that have been filed. After considering this evidence, the Commission will take final action by either confirming, modifying and confirming, or rescinding the Declaratory Resolution. Dated this 25 day of September, 2000. HAMILTON COUNTY REDEVELOPMENT COMMISSION ss \Stephen K. Andrews Publish: 9/25/00 AMENDED NOTICE TO TAXPAYERS AND ALL OTHER PERSONS AFFECTED OF ADOPTION AND CONTENT OF RESOLUTION OF THE HAMILTON COUNTY REDEVELOPMENT COMMISSION AND NOTICE OF PUBLIC HEARING ON RESOLUTION (U.S. 31 Ramps Project) Taxpayers of the Hamilton County Redevelopment District "District and all other persons affected hereby are notified that the Hamilton County Redevelopment Commission "Commission at a meeting held on June 2, 2000, adopted Resolution No. 6/20/00/A establishing the U.S. 31 Ramps Economic Development Area "Area and an allocation area within the Area. The Commission plans to enter into a lease to construct substantial road improvements within the Area, (hereinafter referred to as "the Project The Project will be constructed in two phases and is described as follows: North bound street from Keystone Avenue to the intersection of 146"' Street and Greyhound Pass. This street (NBR) will be north bound only, to a point approximately 1,300 feet south of 146 Street. From that point, NBR will be a 2 -way street. Phase I will include the northern 800 feet of this street. Phase II will include all of NBR which is south of Phase I,. including a bridge across Cool Creek. Phase II will also include Ramp 1 which will be a 180 degree loop which will connect NBR with north bound U.S. 31. The Declaratory Resolution, the Economic Development Plan, and supporting data including maps and plats describing the Area, have been prepared and can be inspected at the office of the Hamilton County Auditor, 33 North 9 Street, Suite L -21, Noblesville, Indiana. Notice is further given that the Commission on October 5, 2000, the hour of 8:00 a.m., local time, at the Hamilton County Government and Judicial Center, One Hamilton County Square, Noblesville, Indiana, will receive and hear remonstrances from persons interested in or affected by the creation of the Allocation Area and the proposed economic development project. After the hearing, the Commission will determine the public utility and benefit of the proposed Project. At the time fixed for hearing or at any time prior thereto any person interested in the proceedings may file a written remonstrance with the Secretary of the Commission. At such hearing, which may be adjourned from time to time, the Commission will hear all persons interested in the proceedings and all remonstrances that have been filed. After considering this evidence, the Commission will take final action by either confirming, modifying and confirming, or rescinding the Declaratory Resolution. Dated this 25 day of September, 2000. HAMILTON COUNTY REDEVELOPMENT COMMISSION ss \Stephen K. Andrews President Publish: 9/25/00 Michael A. Howard Attorney at Law 694 Logan Street Noblesville, IN 46060 1 I I 1 7099 3400 0001 8365 9828 Carmel Plan Commission Appeals Carmel Board of Zoning pp Services Carmel Department of Community Services c/o Carmel Department of Community Carmel City Hall One Civic Square Carmel, IN 46032