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: ~