HomeMy Public PortalAbout002-2022 - Approving Street Lights on Devon Drive BOARD OF PUBLIC WORKS AND SAFETY
CITY OF RICHMOND,INDIANA
RESOLUTION NO.2-2022
A DECLARATORY RESOLUTION TO APPROVE STREET LIGHTS
WHEREAS, Richmond Power and Light Company ("RP&L") is a municipally owned utility that
operates, installs, and maintains the existing electrical street light utility infrastructure
as part of its electrical utility lighting system for the City of Richmond, Indiana
("City"); and
WHEREAS, Indiana Code (IC) 36-9-9-1 et seq., and specifically IC 36-9-9-3(a)(3) and IC 36-9-9-
12 regulate the petition and approval process for.additional street lighting facilities to
be connected to an existing electrical system, with a lien assessment process to be
implemented in accordance with IC 36-9-9-10 as required by IC 36-9-9-7; and
WHEREAS, The City's Unified Development Ordinance ("UDO") contains provisions in
connection with the zoning and development standards and specifically the dedication
of public improvement standards of street light installation and does not discuss the
processes regulated pursuant to IC 36-9-9,nor does the UDO address state public utility
regulation,nor does the UDO standards for street lights pertain to matters dealing with
actual installation costs, installation, engineering, placement, location, nor ongoing
annual electric costs associated with said street lights; and
WHEREAS, In accordance with IC 36-4-8-1 et seq. and IC 5-11-10-1 et seq., the Richmond Board
of Public Works and Safety of the City ("Board of Works") approves the Claims for
Payments as properly filed; and
WHEREAS, The City's Engineer for the Public Works and Engineering Division received a Petition
dated January 11, 2022, from the owner or owners of at least sixty percent (60%) of
the real property proposed for street light installation,which proposed locations are the
addresses commonly known as 3113 Devon Drive and 3085 Devon Drive, both of
which are located in Richmond, Indiana, and which Petition is attached hereto as
Exhibit A; and
WHEREAS, The City's Public Works and Engineering Division, on behalf of the Board of Works,
has prepared and placed on file in the City's Engineer's office a complete set of
drawings,plans,and specifications for the lighting system and an estimate of the annual
cost of the street lighting, which shall be kept open for inspection by the public, and
which complete set of drawings,plans, and specifications for the proposed additional
street lights are attached hereto as Exhibit B; and
WHEREAS, The Public Works and Engineering Division on behalf of the City and Board of Works
has published a notice one (1) time at least ten (10) days in advance of a scheduled
public hearing in accordance with IC 36-9-9-3 and IC 5-3-1-2(b), in order that written
• remonstrances may be filed and in order that public comments may be heard; and
Page 1 of 3
•
WHEREAS, Upon closing of the above-described public hearing,the Board of Works is authorized
by IC 36-9-9-4.1 to rescind this Declaratory Resolution and dismiss the petition; and
WHEREAS, Alternatively,upon closing of the above-described public hearing,the Board of Works
is authorized by IC 36-9-9-4.1 to modify this Resolution, petition, drawings, plans,
specifications, and estimated cost so that the lighting system will be of public benefit
and the annual benefits that will accrue to the property liable to be assessed for the
lighting system will equal or exceed its estimated annual cost, after deducing the
amount of the annual cost to be paid by the City,provided that,if this option is chosen,
the number of lumens per post and the number of posts designated in the petition may
not be changed without the written consent of the petitioners; and
' WHEREAS, It is in the best interest of the City to find, in accordance with IC 36-9-9-4.1(1),that the
lighting system will be of public benefit or to find,in accordance with IC 36-9-9-4.1(2),
that the annual benefits from the lighting system that will accrue to the property liable
to be assessed will equal or exceed the estimated annual cost of the improvement after
deducting the amount of the annual cost to be paid by the City; and
WHEREAS, It is also in the best interest of the City to confirm this Declaratory Resolution and to
confirm the Exhibit B attached hereto in order that the RP&L utility may proceed in
accordance with IC 36-9-9-1 et seq. and in accordance with this Declaratory
Resolution,to make the improvements described in Exhibit B; and
WHEREAS, It is also in the best interest of the City to enter into an Agreement with RP&L for the
lighting as petitioned for in Exhibit A and as described in Exhibit B, where the work
to be performed in connection with the finalized plans and specifications shall be
performed in strict accordance with said plans, drawings, and specifications on file in
the City Engineer's office,in accordance with IC 36-9-9-5,and which Agreement shall
be substantially similar to the form Agreement attached hereto as Exhibit C.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of
Richmond, Indiana, that said Board now finds that the proposed lighting system to be installed by
Richmond Power and Light("RP&L")as the City's municipally owned utility,will be of public benefit
or finds that the annual benefits from the lighting system that will accrue to the property liable to be
assessed will equal or exceed the estimated annual cost of the improvement after deducting the amount
of the annual cost to be paid by the City of Richmond,Indiana.
,NOW,THEREFORE,BE IT ALSO RESOLVED by the Board of Public Works and Safety of the City
of Richmond, Indiana, that the Board also hereby confirms this Declaratory Resolution for the street
lights to be installed at the proposed addresses commonly known as 3113 Devon Drive and 3085 Devon
Drive,both of which are located in Richmond,Indiana.
NOW,THEREFORE,BE IT ALSO RESOLVED by the Board of Public Works and Safety of the City
of Richmond, Indiana, that Vicki Robinson, Board President, shall be authorized to execute any
finalized Agreement with RP&L in order that RP&L may perform the installation of street lights in
strict accordance with the plans, drawings, and specifications approved and confirmed by passage of
this Declaratory Resolution.
Page 2 of 3
NOW,THEREFORE,BE IT ALSO RESOLVED by the Board of Public Works and Safety of the City
of Richmond, Indiana, that Emily Palmer, as the Richmond City Controller, shall be authorized to
prepare and execute any certified roll issued to the Wayne County Treasurer in accordance with IC 36-
9-9-7 and IC 36-9-9-10,where such assessments are considered liens with equal priority with all other
assessment liens and is superior to all other liens except liens for taxes.
NOW,THEREFORE,BE IT ALSO RESOLVED by the Board of Public Works and Safety of the City
of Richmond,Indiana,that this Resolution shall not be construed to impose a greater zoning restriction
nor higher zoning standard than that which is required by the Unified Development Ordinance
("UDO")zoning or development provisions in accordance with UDO Section 1.08 and this Resolution
shall not be construed to conflict with the existing zoning requirements.
Passed and adopted this 24th day of February,2022, by the Board of Public Works and Safety.
igek Elv,"„e
Vicki Robinson,President
Emily Pal er,Member
Matt Evans,Member
APPROVED:
By: ,Mayor
D • M.
Page 3 of 3
PETITION FOR NEW STREET LIGHTS
DEVON DRIVE
1-11-2022
RE: A request to install three (3) new street lights on Devon Drive in Richmond, Indiana.
The following property owners located at 3113 and 3085 Devon Drive petition for the
installation of new street lights.
3113 Devon Drive
Jon M. Igelman
Et <fa), zo 2-2-
Si ature Date Telephone
Suzette lgelman —fr —.4 A
Signature Date Telephone
3085 Devon Drive
)1/12, 737- 53S1573)
Ch.../4A
Charles Hamilton ,i„
Signature Date Telephone Q
EXHIBIT 6 PAGE I OF_LI
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EXHIBIT PAGE 1 Or_,:._`
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12/8/21,9:23 AM CITY OF RICHMOND Mail-RE:ESTIMATES—Devon Dr.Post tap lights.As
.ail Greg Stiens<gstiens@richmondindiana.gov>
RE: ESTIMATES — Devon Dr. Post top lights.xls
1 message
Wolfe, Brent<BrentW@rp-I.com> Wed, Jun 10, 2020 at 1:43 PM
To: Greg Stiens <gstiens@richmondindiana.gov>
No,these are the LED post top AEL L245 light.
.34
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From: Greg Stiens [mailto:gstiens@richmondindiana.gov]
Sent:Wednesday, June 10, 2020 10:23 AM
To:Wolfe, Brent<BrentW@RP-L.com>
Subject: RE: ESTIMATES — Dean Dr. Post top lights.xls
This email originated from outside RP&L and its subsidiaries!
Do not click links or open attachments unless you recognize the sender and know the content is
safe.
Brent,
Are these the fancy decorati a lights?
Greg
From:Wolfe, Brent[mailto:BrentW@RP-L.com]
Sent:Tuesday, June 09, 2020 11:19 AM
To: Greg Stiens <gstiens@richmondindiana.gov>
Cc:Moore, Skip<SkipM@RP-L.com>
Subject: RE: ESTIMATES — Devon Dr. Post top lights.xls
!EXHIBIT 6 PAGE 2, OF S]
https://mail.g cog le.com/mail/u/1/?iiraba3ef14cc&vievppt&search=all&permthi d=thread-a%3Amul-YFbnbgAlg NYKLpXZaAaCBA%7Cmsg-f%3A166913484883... 1/3
12/8/21,9:23 AM CITY OF RICHMOND Mail-RE:ESTIMATES—Devon Dr.Post top lights.:ds
•, -- ' This email originated from outside RP&L and its subsidiaries!
Do not click links or open attachments unless you recognize the sender and know the content is
safe.
Greg,
The monthly operating cost is $21.03 per light.
Jon Igelman
3113 Devon Dr.
765-935-6319
*Refer to e-mail I sent on 5/6/2020 per your request.
Thanks,
Brent Wolfe
Engineering
Richmond Power& Light
765-973-7299
- t i ,
r i * 5
From: Greg Stiens [mailto:gstiens@richmondindiana.gov]
Sent:Tuesday, June 09, 2020 9:22 AM
To:Wolfe, Brent<BrentW@RP-L.com>
Cc: Moore, Skip<SkipM@RP-L.com>
Subject: RE: ESTIMATES— Devon Dr. Post top lights.xls
This email originated from outside RP&L and its subsidiaries!
Do not click links or open attachments unless you recognize the sender and know the content is
safe.
Brent,
What is the cost to operate the street lights?Also, who from the neighborhood requested the street lights?
Thanks,
Greg 1EXHIBIT 6 PAGE _OF ,s 1
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12/8/21,10:29 AM CITY OF RICHMOND Mail-Devon Dr.Three lights(U2,U3&U4)
P4m'i Greg Stiens<gstiens@richmondindiana.gov>
Devon Dr. Three lights (U2, U3 & U4)
1 message
Wolfe, Brent<BrentW@rp-I.com> Wed, Dec 8, 2021 at 10:21 AM
To: "gstiens@richmondindiana.god' <gstiens@richmondindiana.gow
Greg,
Here is a copy you requested for Devon Dr. design.
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)EXHIBIT a PAGE 5- or--.5'_.
•
AGREEMENT FOR STREET LIGHT CONSTRUCTION, INSTALLATION,
AND CONNECTION TO EXISTING ELECTRICAL SYSTEM
THIS AGREEMENT is made and entered into this day of , 2022, by and
between Richmond Power & Light, an Indiana municipal electric utility with its principal office
located at 2000 U.S. 27 South,Richmond,Indiana 47374(hereinafter referred to as the "Utility"),
and the City of Richmond, Indiana, a municipal corporation, acting by and through its Board of
Public Works and Safety, and located at 50 North 5th Street,Richmond, Indiana, 47374 ("City").
WHEREAS,the Utility is an electric utility owned and operated by the City of Richmond,Indiana,
and the Utility operates, installs, and maintains the existing electrical street light utility
infrastructure as part of its electrical utility lighting system for the City;
WHEREAS, on February 24,2022,the City held a public hearing and subsequently adopted Board
of Works Declaratory Resolution No. 2-2022 in accordance with Indiana Code (IC) 36-9-9-1 et
seq.in connection with a certain petition for street lights to be added to the existing Utility system,
which Declaratory Resolution included approved drawings, plans, specifications, and estimated
annual costs for additional street lights to be located at the addresses commonly known as 3113
Devon Drive and 3085 Devon Drive, both of which are located in Richmond, Indiana, as shown
on the attached Exhibit A to this Agreement;
WHEREAS, the Utility and City are willing to enter into this Agreement to set forth.the required
terms required by IC 36-9-9-1 et seq.; and
WHEREAS,the Parties now wish to set forth certain terms, conditions, duties,and responsibilities
in order that the approved lighting system may be added to the Utility's existing system in
accordance with the approved drawings,plans, specifications, and estimated annual costs for said
location and blocks,it being understood by the parties that the annual operating costs are firm per
the approved rates and it being understood by the parties that the construction costs are estimated.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained,
and the consideration to be paid, the sufficiency of which is hereby acknowledged, it is agreed as
follows:
1. The term of this Agreement shall be for fifteen (15) years commencing on the date the
street lights are fully connected to the existing Utility system. The Agreement shall automatically
renew for successive one year terms unless canceled in writing by the Customer or Utility, at least
thirty (30) days prior to the beginning of any renewal term.
Contract No _•ir fig
Exhibit C to Resolution No.2-2022
Page 1 of 3
2. The annual operating cost of the street lights to be installed shall be fixed at the amount of
Seven Hundred Fifty-seven Dollars and Eight Cents ($757.08) per year for the duration of this
Agreement. This cost does not and shall not exceed the estimated cost of lighting on file with the
plans and specifications,which plans and specifications are located in the office of the Division of
Engineering and Public Works for the City, provided that this amount shall be subject to future
rate adjustments as approved by the Indiana Utility Regulatory Commission (IURC) or other
appropriate governing body. The City shall provide all site preparation and access suitable for
Utility use and the Utility shall not be responsible for any landscaping, sidewalk repair, or
infrastructure repair not resulting from gross negligence of the Utility.
3. Upon final execution of this Agreement, the street lights to be connected by the Utility to
its system shall be constructed within a reasonable time, at the Utility's own expense, and the
Utility agrees to maintain and operate the system in strict accordance with this Agreement, at the
above-described fixed yearly rate, and in strict accordance with the plans and specifications
previously approved by the City for said location and blocks. Notwithstanding this provision,the
street lights installed pursuant to this Agreement may be subject to future modifications by any
governing authority (INDOT, etc.) and also may be subject to future approved rate adjustments
due to any changes to the lighting or technology(LED,etc.)to maintain appropriate lighting levels
as required by said governing authorities.
4. The City shall make all payments required to be made to the Utility for the above-described
annual operating costs upon completion of the streetlight connection for said location and blocks
to the Utility's system. Said payments shall be made from the City's general fund or from a fund
set aside for street lighting purposes and shall be reimbursed for payments made in behalf of
property owners by the collection of the assessments as provided in IC 36-9-9-1 et seq.
5. The Utility does not guarantee that the supply of electric power and energy furnished for
the street lights connected to the Utilities system as described herein will be uninterrupted or at all
times constant. Temporary cessation of the Utility's service hereunder occasioned by acts of God,
orders of public authorities, fires, strikes, casualties, necessity for making repairs or replacements
of the Utility's system (including, but not limited to bulb burnout, photocell replacement, etc.),
and breakdowns of or injuries to the substation or transmission and distribution facilities of the
Utility (including,but not limited to vehicular accidents, vandalism, etc.)which are not due to the
Utility's neglect,shall not,in any of such events,constitute a breach of the obligations of the Utility
under this Agreement and the Utility shall not in any such case be liable to the City for damage
resulting from such temporary cessation of service. In no event shall the Utility be liable for
consequential, incidental, or indirect damages in tort, for contract or otherwise.
6. City herein agrees to comply with all other applicable rules and regulations of the Utility
applicable to the electrical street light service being provided by said Utility pursuant to this
Agreement.
7. City may not assign this Agreement without first obtaining the written consent of the
Utility. Such consent may not be unreasonably withheld.
Exhibit C to Resolution No.2-2022
Page 2 of 3
8. Any notice provided for or concerning this Agreement shall be in writing and shall be
deemed sufficiently given when sent by certified or registered mail to the respective address of
each party as set forth at the beginning of this Agreement.
9. Expect as specifically provided herein, any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding only if
evidenced in writing and signed by each party or an authorized representative of each party.
10. Any person executing this Contract in a representative capacity hereby warrants that he/she
has been duly authorized by his or her principal to execute this Contract.
IN WITNESS WHEREOF,the parties have executed this Agreement at Richmond, Indiana, as of
the day and year first written above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its APPROVED:
Board of Public Works and Safety David M. Snow, Mayor
By: Date:
Vicki Robinson,President
"UTILITY"
RICHMOND POWER&LIGHT
By: 2000 U.S. 27 South
Emily Palmer, Member Richmond, IN 47374
By: By:
Matt Evans, Member Randy Baker, General Manager
Date: Date:
Exhibit C to Resolution No.2-2022
Page 3 of 3