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HomeMy WebLinkAboutCC-09-02-97-02 Hazel Dell PkwyResolution No. CC-09-02-97-02 · A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA APPROVING AN INTERLOCAL AGREEMENT WHEREAS, the City of Carmel ("City") and Hamilton County, Indiana ("County") are desirous of entering into an Interlocal Agreement conceming the division of costs and duties between the City and the County for the construction of Hazel Dell Parkway at its intersections with 146th Street, 116th Street and 96th Street, a copy of which is attached hereto and made a part hereof; and WHEREAS, Indiana Code 36-1-7 et seq. provides that units of government may enter into an Interlocal Agreement under such terms as they deem just and reasonable by approving an Interlocal Agreement by a Resolution in substantially the same form; and WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of the City of Carmel, Indiana that the attached Agreement between Hamilton County, Indiana, and the City of Carmel be approved. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana that the Agreement between Hamilton County, Indiana and the City of Carmel, Indiana which is attached hereto is approved. PASSED by the Common Council of the City of Carmel, Indiana this day of ,/(,,fl~jTe;r,-["",-., 1997 by a vote of '7 ayes and ~ nays. COMMON UNCIL FOR THE CITY OF CARMEL in~g fncor ! ' attreall ' ,t~,~ nyder; · ' ~ ~ . ATTEST: D~y, Clerk-~~~T~~ Present by to the Mayor of the City of Carmel, Indiana on the /(9 of ~ , 1997. ~I Diana L. Cordray, Clerk-Treasur Approved by me, Mayor of the City of Carmel, Indiana, this f .~/~ ~/w~C, 1997. ~~B~r~in~/Jd,~Ma;orc/ day ATTEST: Diana L. Cordray, C1 APPk VED A . 0 Resolution No. BPW-09-03-97- A ~SOLUTION OF THE CITY OF C~EL BO~ OF P~LIC WO~S S~ETY ~PROV~G ~ ~TE~OC~ AG~EMENT WHEREAS, the City of Carmel ("City") and Hamilton County, Indiana ("County") are desirous of entering into an Interlocal Agreement conceming the division of costs and duties between the City and the County for the construction of Hazel Dell Parkway at its intersections with 146th Street, 116th Street and 96m Street, a copy of which is attached hereto and made a part hereof; and WHEREAS, Indiana Code 36-1-7 et seq. provides that units of government may enter into an Interlocal Agreement under such terms as they deem just and reasonable by approving an Interlocal Agreement by a Resolution in substantially the same form; and WHEREAS, it is in the best interest of the health, safety and welfare of the citizens of the City of Carrnel, Indiana that the attached Agreement between Hamilton County, Indiana, and the City of Cannel be approve& NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana that the Agreement between Hamilton County, Indiana and the City of Cannel, Indiana which is attached hereto is approved. Approved and Adopted this ._~ day of ~_c '/~.,~ 1997. CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: , / ~rainar, May bet ~' Billy.~alker, Meander Date: Date: Diana Cordray, Cle Date: RF..qOI.UTTON 8-9.5-97-1 ~,t~/-~ -~C) A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WHEREAS, Hamilton County, Indiana, (hereinafter referred to as "the County"), and the City of Carmel (hereinafter referred to as "the City") are desirous of entering into an Interlocal Agreement concerning the division of costs and duties between the County and the City for the construction of Hazel Dell Parkway at its intersections with 146th Street, ll6th Street and 96th Street, a copy of which is attached hereto and made a part hereof; and, WHEREAS, Indiana Code 36-1-7 provides that units of government may enter into an Interlocal Agreement under such terms as they deem just and reasonable by approving an Interlocal Agreement by a Resolution in substantially the same form; and, WHEREAS, it is in the best interest of the health, safety, and welfare of the citizens of Hamilton County that the attached Agreement Between Hamilton County, Indiana, and the City of Carmel be approved. IT IS THEREBY RESOLVED by the Board of Public Works and Safety of the City of Noblesville that the Agreement Between Hamilton County, Indiana, and the City of Carmel which is attached hereto is approved. ALL OF WHICH IS RESOLVED this El'day of August, 1997. BOARD OF COMMISSIONERS OF ~Steven . Dilli~g~ SteveL A.'~~~tr Shar6~'R. Clark ' ' C: \ DOCU \COUNTY\ 8 - 2 5 - 9 7. RES HAMILTON COUNTY CITY OF CARMEL HAZEL DELL PARKWAY iledfor RecOrd in 9709741867 HAMILTON COUN ', INDIANA MARY L CLARK On 10-02-1997 At 04:19 pm. AGREEMENT 23.00 INTERLOCAL COOPERATION AGREEMENT This Agreement is made pursuant to I.C. 36-1-7-9 and entered into on the dates set out herein by and between the CITY OF CARiV[EL, INDIANA, acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and HAMILTON COUNTY, INDIANA, acting by and through its Board of Commissioners (hereinaxter referred to as the "County"). WITNESSETH: WHEREAS, the City, pursuant to the 2020 Vision comprehensive plan for the City of Carmel and Clay Township, is planning a thoroughfare project in eastern Clay Township to be known as Hazel Dell Parkway (hereinai~er referred to as the "Parkway"). WHEREAS, the purpose of this project is to reconstruct and extend the existing Hazel Dell Road from 146th Street to 96th Street in order to provide an additional north-south thoroughfare and bike paths and sidewalks for existing and future residents of the City (the "Project"). WHEREAS, when completed the Parkway will provide a safer and more convenient road for residents of the adjacent neighborhoods and other parts of Hamilton County, and will serve to reduce traffic congestion on all north-south thoroughfares in southern Hamilton County as well as reduce the probability of accidents. WHEREAS, the County, also pursuant to the 2020 Vision comprehensive plan, is engaged in or is planning thoroughfare projects that will improve 146m Street, 116m Street, and 96tn Street where such streets intersect with the planned Parkway, hereinafcer referenced individually, the "146tn Street Intersection", the 116th Street Intersection" and the "96th Street Intersection respectively, and, collectively the "Hazel Dell Intersections": WHEREAS, the City and County have previously entered into an interlocal cooperation agreement entitled "Intergovernmental Agreement", coded HCHD#M960011, providing for cooperation between the two parties in making construction improvements to 116th Street (the "116th Street Intergovemmental Agreement"). WHEREAS, it is in the best interest of the City and County to cooperate in causing the City's construction of the Parkway to be coordinated with the County's improvements to the various intersections along the Parkway. REVIEWED BY HAMILTON COUNTY AUDITOR'S OFRCE .-,q, dayof ~C,,,-~, 19q__~ NOW, THEREFORE, in consideration of the premises and the mutually dependent covenants herein contained, the City and County agree as follows: Section 1 a. Parkway Plans and Specifications. The City shall prepare, or cause to be prepared, plans, specifications, and special provisions for said reconstruction and extension of the Parkway in Hamilton County and the City of Carmel, Indiana, from the existing intersection of Hazel Dell Road and 146th Street to approximately the existing intersection of River Avenue and 96th Street inclusive of the Hazel Dell Intersections (the "Parkway Plans and Specifications") attached hereto as Exhibit "A" . Upon the Effective date of this Agreement, the City shall request its engineers to redesign at the County' s expense the 146th Street Intersection so that it is consistent with the County' s current specifications for 146th Street at least 350 feet east and west of the center line of the Parkway. Except as otherwise specifically provided, the Parkway and the Intersections shall be designed and constructed in accordance with the current INDOT Design Manual and Standard Specifications and with current Federal Funding Requirements, if applicable. b. 146th Street Intersection Improvement Cost Responsibility. The City shall pay only the cost of improving the southem approach to the 146th Street Intersection. The County shall pay the cost of the signal design as well as the signal installation costs and all other necessary improvements including the westem, northem and eastem approaches to the 146m Street Intersection. The County will bill the City for the reimbursement of any costs as described in this Section within 60 days after any reimbursable costs are incurred. The City agrees to make the reimbursement payment within 45 days after receipt of a detailed invoice from the County. c. 116th Street Intersection Improvement Cost Responsibility. The County shall modify its plans for the improvement of 116m Street to accommodate the construction of the 116th Street Intersection according to the Parkway Plans and Specifications. However, the City agrees to reimburse the County for the documented and detailed cost (if any) of all necessary and reasonable design modifications, and the City shall pay the cost of the signal design and all other necessary improvements respecting the 116th Street Intersection as set forth on the Plans and Specifications. The County will bill the City for the reimbursement of any costs as described in this Section within 60 days after any reimbursable costs are incurred. The City agrees to make the reimbursement payment within 45 days after receipt of a detailed invoice from the County. d. 96th Street Intersection Improvement Cost Responsibility. Section 2 The County shall pennit a road cut from the _Parkway onto 96th Street according to the Parkway Plans and Specifications. The County will make modifications to the portion of 96th Street, which extends west from the eastem point of the intersection of 96th Street and the Parkway, to accommodate the Parkway Plans and Specifications which can be accommodated given the status of construction of that portion of 96th Street. The County also agrees to modify its plans for construction of its Project #5 beginning east of the eastern boundary of the 96th Street Intersection. The County also hereby agrees to install a signal at the intersection at 96th Street and the Parkway. The City hereby agrees to reimburse the County for the documented and detailed cost (if any) of all necessary and reasonable modifications for the 96th Street Intersection with the Parkway, including the cost of the signals. The County will bill the City for the reimbursement of any costs as described in this Section within 60 days after any reimbursable costs are incurred. The City agrees to make the reimbursement payment within 45 days after receipt of a detailed invoice from the County. a. City's Acquisition Responsibility: 146th Street. Other than as set forth in Section 2b below, the City shall acquire all right-of- way to construct the Parkway. Such acquisition responsibility includes, but is not limited to, right-of-way engineering, abstracting, appraising, review appraising, buying, property management, relocation assistance and condemnation (if required). b. County's Acquisition Responsibility: 146th Street. Except as otherwise specifically provided below, the County shall acquire the right-of-way for all parcels contiguous to 146th Street necessary to construct the 146th Street Intersection pursuant to the Parkway Plans and Specifications. The City shall acquire the parcel located on the southeast comer of the 146*h Street Intersection as depicted on the Parkway Plans and Specifications.. However, the Parties agree that they will share equally the total payments to landowners for the right-of-way contiguous to the 146th Street Intersection. The City shall acquire and pay the costs of all land acquisition south of those parcels which are contiguous to the 146m Street Intersection. The acquiring party will bill the other party for the reimbursement of any costs as described in this Section within 60 days after any reimbursable costs are incurred. The billed party agrees to make the reimbursement payment within 45 days after receipt of a detailed invoice from the acquiring party. c. City's Acquisition Responsibility: 116th Street. The City shall acquire any additional right-of-way necessary to construct the 116th Street Intersection pursuant to the Parkway Plans and Specifications. Should the County's modification to its plans for the improvement of 116m Street pursuant to Section 1 (c) above require the acquisition of additional Section 3 Section 4 Section 5 right-of-way from the centerline of 116th Street south through the property owned or controlled by James Steckley, the City shall also acquire that right- of-way on behalf of the County. Once the County provides to the City the legal descriptions of the right-of-way required from Steckley, the City shall use due diligence to complete such acquisition. However, the County agrees to reimburse the City for the cost of any such right-of-way that is situated outside of the City's boundaries within 45 days after receipt of an invoice from the City. d. City's Acquisition Responsibility: 96th Street. The City shall acquire any additional right-of-way necessary to construct the 961h Street Intersection pursuant to the Parkway Plans and Specifications. Utility Relocation coordination and Cost Responsibility. a. The City and County shall coordinate the relocation of all utilities within the Parkway pursuant to the Parkway Plans and Specifications. b. The City shall pay the costs of all necessary relocation of utilities south of the existing center-line of the 146th Street Intersection. The County shall pay the costs of the relocation of utilities noah of the existing center-line of the 146th Street. The City will bill the County for the work described in this Section upon the execution of a utility relocation agreement by the City with each affected utility. The County shall make payment to the City for the costs set forth in this Section within 45 days after receipt of an invoice from the City. Project Manager. The City shall act as the Project Manager of the Project and in doing so shall be responsible to obtain any and all necessary govemment approvals and permits for construction of the Parkway. Construction Monitoring. The City shall provide competent and adequate engineering, testing, and inspection services to monitor work on the Parkway. During construction, the County may inspect (at its own expense) the improvements within the Parkway for which the County will be responsible after completion thereof. The County shall promptly notify the City, in writing, of any deficiencies in the work within the Parkway. Failure to so notify the City shall be deemed acceptance by the County. The City shall deliver to the County a copy of all inspection reports for the Parkway. Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Notwithstanding the foregoing, the County shall notify the City in writing of its selection of an engineer and the City hereby agrees that such engineer shall, at the City' s expense, perform inspections of bridge structures which are within the Parkway and which structures are in excess of twenty (20) feet. Annexation and Mileage Credit. The City and County agree that, on or before completion of the construction of the Parkway, the City will annex into the City of Carmel all right-of-way to be used for the Parkway. Should the City' s annexation of the Parkway be delayed, the City hereby agrees to maintain the Parkway right-of-way and the County hereby agrees to execute all documents necessary to transfer the Parkway right-of-way to the City for State funding purposes. The County shall if necessary, appropriate a specified part of the distribution from the motor vehicle highway account or the local road and street account or both to be made to the City. Recordation. This Agreement shall be recorded by the City in the Hamilton County Recorder's Office after approval by the fiscal bodies of each the City and the County, shall be filed with the Mayor of the City of Cannel and the Hamilton County Auditor and filed with the auditor of state, all pursuant to IC 36-1-7-9, and shall not be deemed enforceable and binding until the same is so recorded and so filed. Termination. The obligations of this Agreement shall survive completion of the construction and final inspection of the Parkway anticipated to be less than four years from the Effective Date. Mediation. Both parties agree to attempt to mediate any dispute under this Agreement prior to initiating any legal action. Exhibits. All exhibits referenced and attached hereto are incorporated herein. Effective Date. The Effective Date of this Agreement shall be that date on which the last of the parties hereto approves and executes this Agreement. INSOFAR AS authorized by law, this Agreement shall be binding upon the parties and their successors or assignees. IN WITNESS WHEREOF, the parties have executed this Agreement. BOARD OF COMMISSIONERS Steven C. Dillinger ' '(C Sharon R. Clark ATTEST:. nM le ~ jHoamilty Auditor COMMON COUNCIL OF THE CITY OF D~ana L. Cordray C~erk-Treasurer, ' ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF SS: Before me, a Notary Public in and for said County and State, personally appeared Steven C. Dillingcr, Steven A. Holt, and Sharon R. Clark, Members of the Hamilton County Board of Commissioners, and acknowledged the execution of the foregoing Agreement. Witness my hand and Notarial Seal this 2 5' day of ,~~L 1997. Signature Printed ,~"2,~t,~ Notary Public Residing in i ,'/~,~County, State of Indiana ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF r'/.f~,,'/ SS: Before me, a Notary Public in and for said County and State, personally appeared, and Billy L. Walker, (~talcl .iZ'. f,,,.-.~e r , h Council the &,,e~v ~27/tr, Key,", ~'rbV , Members oft eCommon of City of ~el, and ac~owledged the execution of the foregoing A~eement. Witness my h~d ~d Not~al Seal this ~ r d day of 5e?m ~ ~, 1997. My Commission Expires: Printed Notary Public/~e b e c c c, {. lv'~t, J? Residing in/-}t t~,2 ,:flc,~ County, State of Indiana This instrument was prepared by John R. Molitor, Attorney at Law, Street, Suite 200, Cat-reel, Indiana 46032. ~ Approved and Adopted this ~ F~/day o'~ Z "~' & 1997. CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety BY: Diana CoY D ate: ~