HomeMy WebLinkAboutCC-04-21-03-05 Interlocl Rule13Sponsor: Councilor Wayne Wilson
RESOLUTION NO. CC-04-21-03-05
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
REGARDING AN INTERLOCAL AGREEMENT CONCERNING RULE 13
WHEREAS, the City of Noblesville, the City of Carmel, the Town of Westfield, the Town of
Arcadia and the Town of Cicero, as well as the tmincorporated areas of Hamilton County, Indiana
(collectively, the "Parties"), are designated communities under the State of Indiana's proposed Rule 13,
which, pursuant to 327 IAC 15-13, will become the State's new storm water general permit role ("Rule
13"); and
WHEREAS, economies of scale and savings can be achieved by performing a comprehensive
needs analysis and feasibility study that covers all of the Parties; and
WHEREAS, the Board of Commissioners of Hamilton County, acting through the Hamilton
County Surveyor, has contracted with Goode & Associates to do a "Needs Analysis and Feasibility
Study" (the "Study") for the unincorporated areas within Hamilton County; and '~x
WHEREAS, the Board of Commissioners of Hamilton County has agreed to amend the Study. to'
review and determine the individual and collective needs of all the Parties regarding Rule 13, for the
collective and individual benefit of Noblesville, Arcadia, Carmel, Cicero, Westfield, Hamilton County
and their respective communities; and
WHEREAS, the City of Carmel Board of Public Works and Safety has approved an interlocal
agreement that will allow the City of Carmel ("City") to take advantage of the economies of scale and
savings achieved by joining with other local communities in obtaining the Study (the "interlocal
Agreement"), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference;
and
WHEREAS, it is appropriate and in the best interests of the City and its constituents for the City
to enter into the Interlocal Agreement.
NOW, THEREFORE, BE IT RESOLVED THAT, pursuant to Indiana Code 36-1-7, the
Common Council of the City of Carmel, Indiana, hereby approves the Interlocal Agreement and the
City's execution thereof.
P~SSED by the Common Council o~he Cit dian y of
(,..J[f3tT~[ 2003, by a vote of· aYy°efs Cana~nel' ~ a~atyh~ QkglS~da
Page One of Two Pages
Prepared by Douglas C. Haney, Cannel CiW Attorney
1
Sponsor: Councilor Wayne Wilson
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
~siding Officer ·
CL'fi~Sa'~der, Pre~id~'~ Pro ~pore
JRonald E. Carter
ATTEST:
Present.ed by me to the Mayor of the City of Carmel, Indiana, thls'--~/' day of k~'/f~/~)2003, at
'~"~-~ O'clock, ~ . M. t' ,
Di~a L. Cor~, ~C, C~-Treasurer
Approved by me, Mayor of the City of Carmel, Indiana, this(_~-//~' day of (.~'-:/(~[/L' 2003, at
J~ffnes Brainard, Mayor
ATTEST:
Di~a L. Cor~ay, ~, Cler~:Treasurer
Council Resolution No. CC-04-21-03 -05
Page Two of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
2
Cumulative Capital Sewer Fund
Line Item No. 509
ConWact Not To Exceed $11,800.00
APPROVED, AS TO
INTERLOCAL AGREEMENT CONCERNING RULE l ~O~ ~,Y: '~
WHEREAS, thc City of Noblesville, the City of Cannel, the Town of Westfield, the Town of
Arcadia and the Town of Cicero, as well as the unincorporated areas of Hamilton County, Indiana
(collectively, the "Parties"), are designated communities under the State of Indiana's proposed Rule 13,
which, pursuant to 327 IAC 15-13, will become the State's new storm water general permit rule ("Rule
13"); and
WHEREAS, economies of scale and savings can be achieved by performing a comprehensive
needs analysis and feasibility study that covers all of the Parties; and
WHEREAS, the Board of Commissioners of Hamilton County, acting through the Hamilton
County Surveyor, has contracted with Goode & Associates to do a "Needs Analysis and Feasibility
Study" (the "Study") for the unincorporated areas within Hamilton County; and
WHEREAS, the Board of Commlssioners of Hamilton County has agreed to amend the Study to
include all of the Parties hereto so as to review and determine the individual and collective needs of all the
Parties regarding Rule 13, for the collective and individual benefit of Noblesville, Arcadia, Carmel,
Cicero, Westfield, Hamilton County and their respective communities.
IT IS THEREFORE AGREED by and between the Parties as follows:
1. Hamilton County agrees to prepare an amendment to the current Study so that it will
define and determine a comprehensive plan for all of the Parties that will allow them to collectively and
independently meet the requirements of Rule 13.
2. The Parties agree to pay the pro-rated costs of the Study in an amount not to exceed the
following:
Carmel $11,800.00
Noblesville 11,800.00
Westfield 7,100.00
Cicero 6,300.00
Arcadia 6,300.00
3. Each signatory hereto agrees to pay its share of the above costs within sixty (60) days
from the lattex of the date of: (i) its receipt of written notice of the amendment of Hamilton County's
contract with Goode & Associates for the Study (the "Contract") to include an analysis that covers all the
Parties; (ii) an executed and approved copy of the Contract, as so amended; or (iii) an invoice detailing
_ _th_e___Cpn_~a_c_t se_rvi?_s.f_o~r w~ish pa.y~. ~ent is demanded.
4. The Hamilton County Surveyor shall be deemed the contact person for Hamilton
County as regards the Study. ~--~( {41/~ { T ~ ~
1
Cumulative Capital Sewer Fund
Line Item No. 509
Con~aet Not To Exceed $I 1,800.00
5. The respective City or Town Engineers for the City of Carmel, Town of Westfield, and
the respective City or Town Utilities Directors for the City of Noblesville, Town of Cicero and Town of
Arcadia shall be the contact persons for their respective municipalities as regards the Study.
6. The Parties agree that they will communicate and cooperate with each other and with
Goode & Associates so that the same is provided with the information reasonably necessary to complete
the Study.
7. This Interlocal Agreement shall be in full force and effect, and binding upon a Party
hereto, as of the latter of the date: (i) on which the Party executes same; or (ii) on which the Party adopts
a resolution substantially similar to this Agreement.
8. The Parties hereto may sign this Interlocal Agreement on duplicate counterparts, each
of which shall be enforceable as an original copy of same.
9. Each Party hereto affn-ms that the person who executes this Agreement on its behalf is
fully authorized to do so and by such action binds such Party to the same.
ALL O17 WHICH IS HEREBY AGREED by and between the following:
HAMILTON COUNTY, INDIANA,
by and through its BOARD OF COMMISSIONERS
Steven A. Holt
Date:
Steven C. Dillinger
Date:
Christine Altman
Date:
ATTEST:
By:
Robin Mills
Date:
Cumnlative Capital Sewer Fund
Line Item No. 509
Con~act Not To Exceed $11,800.00
CITY OF NOBLESVILLE, INDIANA, by and through its:
BOARD OF PUBLIC WORKS AND SAFETY COMMON COUNCIL
Dennis R. Redick
Date:
Larry Stork
Date:
C. Murphy White
Date:
James Snyder
Date:
Laurie Hurst
Date:
Dale Snelling
Date:
Jay McCoskey
Date:
Alan Hinds
Date:
Jack Martin
Date:
Rex Dillinger
Date:
ATTEST:
Janet Jaros, Clerk-Tresasurer
Cumulative Capital Sewer Fund
Line ItemNo. 509
Contract Not To E~xce~d $11 ,g00.00
THE TOWN OF WESTFIELD, INDIANA
Authorized Signature
Printed Name and Title
Date:
ATTEST:
Printed Name and Title
Date:
THE TOWN OF ARCADIA, INDIANA
Authorized Signature
Printed Name and Title
Date:
ATTEST:
Printed Name and Title
Date:
Cumulative CapitaI Sewer Fund .
L/nc ItemNo. 509
Contract Not To Exceed $11,800.00
THE TOWN OF CICERO, INDIANA
Authorized Signature
Printed Name and Title
Date:
ATTEST:
Printed Name and Title
Date:
THE CITY OF CARMEL~ INDIANA
By and through its BOARD OF PUBLIC WORKS AND SAFETY
/(~mes Brainard,/Presiding Officer
M~y ~, Member
Date:
Lob :~
Date:
ATTEST: -
/Diana L. Cordr~ty, IffdMC, Clerk-Treasurer
Date:
P~.ED .by~ the Common Council of the City of Carmel, Indiana this c~ ]S~day of
.?r~ ! 2003, by a vote of ~ ayes and 0 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
~'~._3~nyder, ~resident ~1~o Tempore
F~6/nald E. Carter ATTEST:
Presented by me to the Mayor of the City of Carmel, Indiana thi~ay of/J'L/-/F)/Z/~'2003,
at~_~.M. ~
Diana L. Cor~ay~MC~/rk-Tmasurer
Appr_oyed by me, Mayor of
f.M.
J~mes Brainard, Mayor
ATTEST:
Diana L. Cordray, ~A~J~,~ Clerk-~[easurer