HomeMy WebLinkAboutCC-07-06-15-04 FAILED; Approving IndyGo Red Rapid Transit Line Project! 1- , ,
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RESOLUTION CC-07-06-15-04
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL,IN ANA,
APPROVING INDYGO RED RAPID TRANSIT LINE PROJECT COORDINATION
INTERLOCAL AGREEMENT
WHEREAS, the City of Carmel, Indiana, by and through its Board of Public ,1 orks and Safety,
and the Indianapolis Public Transportation Corporation ("IndyGo"), a municipal orporation, entered
into that certain project management interlocal agreement attached hereto a Exhibit A, the same
being incorporated herein by reference(the"IndyGo Agreement"); and
WHEREAS, the IndyGo Agreement pertains to the Red Line Proj e,`, which would create a rail
line that would extend from the City of Westfield at the north end, :A ough downtown Carmel and
downtown Indianapolis, to the City of Greenwood at the south end; .+ d
WHEREAS, the Common Council of the City of Carmel, ,g iana,pursuant to Indiana Code 36-1-
7-11.5, now wishes to approve the IndyGo Agreement, findi the same to be in the public interest.
NOW, THEREFORE, BE IT RESOLVED by thr Common Council of the City of Carmel,
Indiana, as follows:
Section 1. The foregoing Recitals are incorpor, ed herein by this reference.
Section 2. The IndyGo Agreement hkld e and the same is hereby approved pursuant to and in
accordance with the terms of this Resoll o
\ J
Section 3. This Resolution shhati fak. -ffect immediately upon its adoption.
/ [remainder of page intentionally blank]
This Resolution was prepared by Jon Oberlander, Assistant Carmel City Attorney, on June 24, 2015
at 2:38 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal
sufficiency or otherwise.
Sponsor: Finkam
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PASSED by the Common Council of the City of Carmel, Indiana, this (p h day of k
2015,by a vote of . k ayes and 5 nays.
COMMON COUNCIL FOR THE CITY OF
CARMEL
Presiding Officer Kevin D. Rider
-ate (-*JeSen-- 0 POQC{
Richard L. Sharp, President Pro Tempore Carol Schleif
0 ?Pas ec b ed
Ro,ail F. Carter W. Eric Seidensticker
Id , 0 PPose_d
S dr. am Luci Snyder
ATTES :
f / /
Diana L. Cordray, IAMC, Clerk-Treasur
Page One of Two Pages
Presented by me to the Mayor of the City of Carmel, Indiana this day of ,
2015, at .M.
Diana L. Cordray, IAMC, Clerk-Treasurer
Approved by me, the Mayor of the City of Carmel, Indiana, this day of ,
2015, at .M.
James Brainard, Mayor
ATTEST:
Diana L. Cordray, IAMC, Clerk-Treasurer
Resolution CC-07-06-15-04
Page Two of Two Pages
This Resolution was prepared by Jon Oberlander, Assistant Carmel City Attorney, on June 24, 2015
at 2:38 p.m. No subsequent revision to this Resolution has been reviewed by Mr. Oberlander for legal
sufficiency or otherwise.
RESOLUTION NO.BPW 05-20-15-05
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING RECEIPT OF CONTRACT
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana ("City"), is authorized to
enter into contracts; and
WHEREAS,pursuant to Indiana Code 3 �'� s on behalf of the
City; and
WHEREAS, pursuant to his authority is 1/..)1 Q lorable James C.
Brainard,has caused to be signed the City contrac ` ' b nd
WHEREAS, Mayor Brainard now wishe 'ublic Works and
Safety for it to be publicly acknowledged,filed in ;to the public for
review.
NOW, THEREFORE, BE IT RESOLI -ks and Safety as
follows:
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1.The foregoing Recitals are incorporated
2.The receipt of the Contract is hereby ac:
3. The Contract shall be promptly filed in the office of the Clerk-Treasurer and thereafter made available to
the public for review.
SO RESOLVED this p`?04" day of (Y1 ,2015.
CITY OF CARMEL,INDIANA
By and through its Board of Public Works and Safety
BY:
Ames Brainard,Presiding fficer
ate: 6 /' ,5
M.ry An urke,Member
Date:
Lori S.Watson, ∎ ..4 ser
Date: ((
ATTEST:
Tana Cordray, A, Clerk-Treasurer
Date: 5-0.0`1
S:\joberlander\BPW Resolutions\Indy Go Interlocal Agreement Acknowledgment Resolution.docx
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INTERLOCAL COOPERATION AGREEMENT
BETWEEN
THE INDIANAPOLIS PUBLIC TRANSPORTATION CORPORATION
AND
THE CITY OF CARMEL,INDIANA
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INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ("Agreement") entered into as of the 19th day of
February 2015 by and between the City of Carmel (Carmel) and the Indianapolis Public
Transportation Corporation(hereinafter"IndyGo").
WHEREAS, under Article IV, Section 116-402, of the Code of Ordinances of
Indianapolis, the Indianapolis Public Transportation Corporation("IndyGo") was created
as a distinct municipal corporation in order to establish and maintain an urban mass
transportation system necessary for the welfare of the general public in that it expands the
economic and social opportunities available to the residents of the city and renders
adequate service essential to relieve traffic congestion which would otherwise prevent the
rapid and efficient movement of persons and goods in and about the city ("IndyGo's
Purposes"); and
WHEREAS, in furtherance of IndyGo's Purposes, IndyGo operates, among other
facilities, the urban mass transportation system for the City of Indianapolis, which
facilitates tourism and economic growth in Marion County and serves the general public
as the primary municipal travel mechanism; and
WHEREAS, the operation of the urban mass transportation system has been
found to promote significant opportunities for the gainful employment of Marion
County citizens, to attract major new business enterprises to Marion County, and to retain
and expand significant business enterprise within Marion County including adequate
service necessary to proper utilize the factories, stores, warehouses, commercial,
professional and governmental offices, schools, recreational facilities and other places
where members of the general public congregate ("economic development activities");
and
WHEREAS, for several years IndyGo and Cannel have actively been involved
with studies for a proposed Red Rapid Transit Line that would extend from the City of
Westfield at the north end, through downtown Carmel and downtown Indianapolis, to the
City of Greenwood at the south end (the "Red Line Project"), which would stimulate
further economic development activities in areas located in or directly serving and
benefitting downtown Cannel and downtown Indianapolis, among others; and
WHEREAS, IndyGo is requesting stakeholder communities along the Red Line
to assist in funding additional planning activities for the Red Line Project, including
engineering costs, with the goal of also leveraging federal funds for the Red Line Project;
and
WHEREAS, the City of Carmel, a key Red Line stakeholder, desires to facilitate
the development of the Red Line Project by contributing funds to these additional
planning activities; and
WHEREAS, under Indiana Code Section 36-1-7-11, appropriated monies
collected by Carmel may be used to pay the costs of carrying out eligible efficiency
projects within Carmel; and
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WHEREAS, under Indiana Code Section 36-9-41-1.5(1), an eligible efficiency
project includes a project necessary or useful to carrying out an interlocal cooperation
agreement entered into by two or more political subdivisions or govermnental entities;
and
WHEREAS, under Indiana Code Section 36-1-7, Cannel and IndyGo are
authorized to enter into an interlocal cooperation agreement to undertake projects and
activities necessary or useful in furtherance of their respective purposes including
particularly economic development activities; and
WHEREAS, under Indiana Code Section 36-1-7-11.5, the statute contemplates
interlocal agreements to facilitate an economic development project as defined therein
and by Indiana Code 6-3.5-7-13.1(c), including projects related to transportation services
and transportation infrastructure and associated administrative costs, and permits one
party to the agreement to transfer money to the other party to help carry out the economic
development objectives;and
WHEREAS, a portion of the Red Line Project will be located in and directly
serving and benefitting the City of Cannel; and
WHEREAS, Carmel and IndyGo mutually and specifically desire to enter into
this Agreement for the purpose of furthering the Red Line Project; and
WHEREAS, the parties hereto desire this Agreement to be an agreement
satisfying the requirements of Indiana Code Sections 36-1-7, 36-7-15.1-26(b)(3)(J) and
36-9-41-1.5(1), and find that carrying out this Agreement more efficiently benefits and
furthers the respective Cannel Purposes and IndyGo Purposes (including particularly
economic development activities) than would be achieved by attempting to do so
separately;
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, IndyGo and Carmel agree as follows:
1. TERM: The term of this Agreement will be from January 1, 2015 (the
"Commencement Date"), through December 31, 2017 (the "Expiration
Date").
2. PURPOSE: The purpose of this Agreement is to protect, further, increase
and enhance the benefits that result from the operation of the public
transportation system and the proposed activities of the Red Line Project
(including, among others, to allow opportunities for synergies and
efficiencies related to costs and benefits in respect of utilities, downtown
parking, creation of jobs, regional promotion and other benefits and the
mutual furtherance of the respective Cannel Purposes and IndyGo
Purposes including particularly economic development activities).
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{
3. ELIGIBLE EFFECIENCY PROJECTS: IndyGo and Cannel agree,that
adequate funding of the planning activities for the Red Line Project are
useful projects that are more efficiently carried out under this Agreement
and such meet the purposes and intents of Indiana Code Section 36-9-41-
1.5(1). It is also agreed that the funding of a portion of the Red Line
Project planning costs by Carmel will generate consolidated efficiencies
(including synergies and efficiencies in respect of costs and benefits
related to utilities, job creation, downtown parking, regional promotion
and other mutually beneficial activities including particularly with respect
to the economic development activities), IndyGo and Carmel recognize
and agree that financial support is critical for the Red Line Project, and
thereby achieve such consolidated efficiencies and mutual benefits
including particularly with respect to the economic development activities.
4. FINANCIAL COMMITMENT: Subject to Section 6 of this Agreement,
pursuant to Indiana Code sections 36-7-15.1-7(12) and 36-7-15.1-26(b) (3)
(J) and during the term of this Agreement, the City of Carmel agrees to
and does hereby pledge and commit to transfer to IndyGo pursuant to all
state laws and conditioned upon appropriation in the amount of
$196,592.00 ("Committed Funds") of the available appropriated monies.
Such Committed Funds shall be paid over to IndyGo in two installments:
$100,000.00 with the first installment and $96,592.00 with the second
installment, due and payable all follows:
• First installment payment will occur on or Before February 28,2015.
• The second installment shall be paid on or before June 30,2015. •
IndyGo agrees to expend the Committed Funds to further planning
activities for the Red Line Project. The Clerk-Treasurer of the City of
Carmel shall be the disbursing officer tasked with disbursing and
accounting for all monies of the Agreement.
5. JOINT UNDERTAKING: Because this is not a joint undertaking within
the meaning of Indiana Code Sections 36-1-7, this Agreement need not
address other matters related to the financing, staffing, budget,
administration, or real and personal property of the joint undertaking.
6. APPROVAL: The obligations in this Agreement shall be subject to all
requirements of state law and. subject to appropriation. This Agreement
shall not be effective until approved by resolution of the Cannel Board of
Public Works and Safety and IndyGo Board of Directors.
7. MODIFICATION: IndyGo and Cannel may, by mutual written
agreement, alter, change or amend the terms and conditions hereof. Any
alteration, change or amendment of this Agreement requires approval by
resolution of Cannel and IndyGo.
8. SUPPLEMENTAL DOCUMENTS: IndyGo and Cannel agree to execute
any and all supplementary documents and to take any and all
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supplementary steps as are reasonable and appropriate to accomplish the
purposes and provisions of this Agreement.
9. SEVERABILITY: The provisions in this Agreement are hereby deemed
to be severable to the effect that if any provision shall be declared to be
invalid or unenforceable for any reason by a court of competent
jurisdiction, the remaining provisions shall continue in full force and
effect.
10. COMPLETE AGREEMENT: This Agreement constitutes the entire and
complete agreement between the parties with respect to its subject matter;
supersedes any prior discussions, negotiations, and understandings
between them; and cannot be altered, amended, or terminated without the
written agreement of both parties participating herein. The parties
acknowledge that neither IndyGo nor Carmel, nor any of their employees,
agents, or other representatives have made any representations relied upon
by any other party other than the agreements contained herein.
11. THIRD PARTY BENEFICIARIES: Third party beneficiaries are not
contemplated under this Agreement.
12. BINDING EFFECT: This Agreement shall be binding upon and shall
inure to the benefit of the parties hereto and their respective successors.
13. TERMINATION: This agreement may be terminated upon written
notification of either party. The assets and funds under this agreement will
be used in furtherance of the planning activities for the Red Line Project
or remitted to City of Cannel.
IN WITNESS WHEREOF, IndyGo and City of Carmel have executed this Agreement
effective the date and year first above written.
INDIANAPOLIS PUBLIC
TRANSPORTATION CORPORATION
�r7
By: D 3 b
President
BOARD OF PUBLIC WORKS & SAFETY
CITY OF CARMEL,INDIANA,
•
B
Y• Pi
resident/Mayor
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