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HomeMy WebLinkAboutPark & Rec First Joinder AgrmtPARK JOINDER AGREEMENT UNDER INTERLOCAL COOPERATION ACT BETWEEN THE CITY OF CARMEL, INDIANA, AND THE TRUSTEE OF CLAY TOWNSHIP HAMILTON COUNTY, INDIANA July 24, 1991 PARK JOINDER AGREEMENT UNDER INTERLOCAL COOPERATION THIS AGREEMENT is made this ~ ~ day of~dly; 1991, by and between the CITY OP CARMEL, acting by and through its Common Council, and CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA, acting by and through the Clay Township Trustee. WITNESSETH: Declaration of Purpose WHEREAS, the City has created a Park and Recreation Department to be administered by a Board of Park and Recreation, all in accordance with the provisions of I.C. 36-10-3 e__t seq.; and WHEREAS, the territory within the boundaries of the City comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes; and WHEREAS, the Township Board has created a Department of Parks and Recreation to be administered by the Trustee, all in accordance with the provisions of I.C. 36-10-7.5, e_t seq.; and WHEREAS, the territory within the boundaries of Clay Township comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes; and WHEREAS, it has been deteFmined that the best interests of the citizens and taxpayers of the City and Township would be served by administering the park and recreational needs of their respective territories through a joint board consisti.ng of members representing the interests of the parties hereto; and WHEREAS, the City and Township recognize that development of park and recreational facilities throughout the respective districts can best be accomplished by a joinder as authorized and provided for under I.C. 36-1-7, e_t PARK JOINDER AGREEMENT Page 2 seq., I.C. 36-10-3-11 and I.C. 36-10-7.5-7; and WHEREAS, the parties hereto have reached an agreement concerning the formation of a joint board, the use of facilities, funding for the park and recreational needs of the respective districts and other matters. NOW, THEREFORE, it is mutually agreed by and between the parties: ARTICLE I. DEFINITIONS It is understood and agreed that the following terms, clauses or names shall be defined as follows for the purpose of this Agreement. 1.1 "City" shall mean the City of Carmel, Indiana. 1.2 "Township" shall mean Clay Township, Hamilton County, Indiana. 1.3 "Council" shall mean the Con~non Council of the City. 1.4 "Mayor" shall mean the duly elected and acting Mayor of the City. 1.5 "Department" shall mean the Department of Parks andRecreatlon under I.C. 36-10-3-3 in the case of the City and the Department of Parks and Recreation under I.C. 36-10-7.5-2 in the case of the Township. 1.6 "District" shall mean the area within the jurisdiction of the respective Departments and ~hall constitute special taxing districts under I.C. 36-10-3-19 in the case of the City and I.C. 36-10-7.5-3 in the case of the Township. 1.7 -"Carmel Park Board" shall mean the Board of Park and Recreation as established by City Ordinance No. D673. 1.8 "Trustee" shall mean the duly elected and acting Trustee for the PARK JOINDER AGREEMENT Page 3 Township. 1.9 "Township Board" shall mean the duly elected and acting members of the Township Board which serve as the Township legislative and fiscal body within the meaning of applicable park and recreation law for townships in general. 1.10 "joint Facilities" shall mean land owned or acquired for park and recreation purposes and any work of improvements including, but not limited to, building, remodeling or repair of park and recreation facilities owned or leased by the City or Township. It shall also mean all tangible personal property and equipment owned or leased by the City or Township for park and recreation purposes. 1.11 "joint Board" shall mean the entity established pursuant to Article II hereof. ARTICLE II. JOINT BOARD 2.1 There is hereby created and established the Camel-Clay Board of Parks and Recreation with the composition, rights, duties and responsibilities as set forth in this Agreement. 2.2 The Joint Board shall consist of nine {9) members appointed or selected as follows: a. Four {4) members shall be appointed by the Mayor pursuant to the provisions of I.C. 36-10-5-5. b. One {1) member shall be appointed by the Board of Education for Carmel Clay Schools who is an elected member thereof {representing PARK JOINDER AGREEMENT Page 4 except: an ex-officio member of the Carmel Park Board under City Ordinance No. D673}. c. Four (4) members shall be appointed by the Trustee on the basis of their interest in and knowledge of parks and recreation. Each member of the Joint Board shall serve a term of four {4) years a. Initial appointments by the Mayor as required by I.C. 36-10-3-5 and Carmel Ordinance No. D673. b. Initial appQintments by the Trustee shall be as follows: (i) One (1) member for a term of one (1) year. (ii) One (1) member for a term of two (2) years. (till One (1) member for a term of three (3) years. (iv) One (1) member for a term of four (4) years. c. As a term expires, each new appointment shall be for a four (4) year term. All terms expire on the first Monday in January, but a member of the Joint Board continues until his or her successor is appointed. d. A member of the Joint Board may only be removed for cause by resolution of the Council in the case of a member appointed under the authority of City Ordinance D673 or by resolution of the Township Board in the case of a member appointed by the Trustee. 2.4 Each member of the Joint Board shall have one (1) vote on all matters coming before the Board. The Joint Board shall elect a President, Vice President, Secretary and Treasurer to perform the duties normally associated with such offices. The Joint Board may adopt By-Laws which may provide for its PARK JOINDER AGREEMENT Page 5 meetings, agenda, operations of the Joint Board, subsequent election of officers, and such other matters as are normally contained in By-Laws. Six (6) Joint Board members shall constitute a quorum and a majority of those present at any proper meeting may take official action. The Joint Board shall establish a regular meeting date at least once each month. Special meetings may be called upon proper notification of at least 48 hours advance notice. All meetings and proceedings of the Joint Board shall be conducted in accordance with Indiana law respecting "open door" requirements and all records and documents shall be made available to the public as required by Indiana law. ARTICLE III. TRANSFER OF POWER UNDER INTERLOCAL COOPERATION ACT 3.1 Pursuant to and by the authority granted under I.C. 36-1-7-2, the City hereby grants to the Joint Board full power and authority to administer a parks and recreation program for its Department in accordance with this Agreement. 3.2 Pursuant to and by the authority granted under I.C. 36-1-7-2, the Trustee hereby grants to the Joint Board full power and authority to administer a parks and recreation program for his Department in accordance with this Agreement. 3.3 From and after the effective date of this Agreement, the parties hereto shall administer their respective Departments only through the Joint Board, it being expressly understood and agreed that the separate Departments shall be merged and operated Jointly under the terms of this Agreement. PARK JOINDER AGREEMENT Page 6 ARTICLE IV. POWERS AND DUTIES OF THE JOINT BOARD The Joint Board shall: a. exercise general supervision of and make rules for the Departments; b. establish rules governing the use of the park and recreation facilities by the public; c. provide police protection of its property and activities, either by requesting assistance from state, municipal, or county police authorities, or by having specified employees deputized as police officers; the deputized employees, however, are not eligible for police pension benefits or other emoluments of police officers; d. appoint the necessary administrative officers of the department and fix their duties; e. establish standards and qualifications for the appointment of all personnel and approve their appointments without regard to politics; f. make recommendations and an annual report to the executive and fiscal body of the City and Township prior to April 1st of each year concerning the operation of the Joint Board and the status of park and recreation programs in the districts; g. prepare and submit an annual budget in the manner as provided for in Article VII of this Agreement. h. appoint a member of the Joint Board to serve on another kind PARK JOINDER AGREEMENT Page 7 Township: of board oF commission whenever a statute allows a park or recreation board to do this. The Joint Board may, either in its own name or the name of the City or a. enter into contracts and leases for facilities and services; b. contract with persons for joint use of facilities for the operation of park and recreation programs and 'related services; c. contract with another board, a unit, including any other department of the City or the Township, or a school corporation for the use of park and recreation facilities or services, and a township or school corporation may contract with the Board for the use of park and recreation facilities or services; d. acquire and dispose of real and personal property and provide for Joint facilities by the issuance of bonds in accordance with Article VIII hereof; e. exercise the power of eminent domain under statutes available to municipalities and townships; f. sell, le6se, or enter into a royalty contract for the natural or mineral resources of land that it owns, the money received to be deposited in a nonreverting capital fund of the Board; g. engage in self-supporting activities as prescribed by I.C. 36-10-3-22; h. contract for special and temporary services and for PARK JOINDER AGREEMENT Page 8 professional assistance; i. delegate authority to perform ministerial acts in all cases except where final action of the Board is necessary; j. prepare, publish, and distribute reports and other materials relating to activities authorized by this Agreement or Indiana park and recreation law in general; k. sue and be sued collectively by its legal name, as the "Carmel-Clay Park and Recreation Board", with service of process being had upon the president of the Board, but costs may not be taxed against the Board or its members in any action; 1. invoke any legal, equitable or special remedy for the enforcement of the powers vested with the City under I.C. 38-10-3 or vested with the Trustee under I.C. 36-1-7.5; m. invoke any legal, equitable or special remedy for the enforcement of the powers vested with the Departments or the Joint Board under authority of City Ordinances or Township resolutions; n. accept gifts, donations, grants and subsidies for park and recreational purposes in the same manner as the Camel Park Board could have done under the authority of I.C. 36-10-3-18. 4.3 Joint Board members shall receive compensation in the manner and amount not less than that specified in I.C. 36-10-3. ARTICLE V. SPECIAL TAXING DISTRICTS PARK JOINDER AGREEMENT Page 9 5.1 It is the intent of this Agreement that taxpayers of the City and Township share equitably in the payment of special benefit taxes for park and recreational purposes as authorized by I.C. 36-10. 5.2 The Township Department shall consist of a Special Taxing District for all Township territory now and hereafter lying outside the boundaries of the City for all periods during which this Agreement is in full force and effect. 5.3 The City Department shall consist of a Special Taxing District for all City territory now and hereafter lying within the boundaries of the City for all periods during which this Agreement is in full force and effect. 5.4 In order to meet the objectives and intent of this Agreement, the City shall immediately request, by appropriate petition, the Trustee to release and transfer to the City that portion of the Township's District lying within the boundaries of the City. The Trustee shall, by resolution, release and transfer such area in accordance with the authority granted the Trustee under I.C. 36-10-7-5-7{13). Thereafter, the Special Taxing District for the Township shall consist only of those areas lying outside the City's District. 5.5 It is specifically understood and agreed that the transfer and release of jurisdiction by the Trustee under this Article is in consideration of the City's continuing participation under this Agreement. As the City acquires additional territory through annexation, the Trustee shall be deemed to have automatically released and transferred such territory to the City effective as of the date the parties next allocate their proportionate shares of park funding under Article VI hereof. PARK JOINDER AGREEMENT Page 10 ARTICLE VI. PARK AND RECREATION FUNDING 6.1 The Council and the Township Board shall determine and provide the revenues necessary for the operation of the Joint Board and the respective Departments or for capital expenditures not covered by the issuance of bonds by: a. a specific levy to be used exclusively for park and recreation purposes; b. a special appropriation; or c. both. 6.2 The Joint Board shall operate and manage the respective Departments jointly with common rules, regulations, policies, financing and facilities. The funding obligations defined in Section 6.1 shall be based upon the City's proportionate share of the aggregate assessed valuation for the entire township. It is agreed that for 1992 the financial support for the Joint Board shall be allocated as follows: City 62% Township 38% A reallocation of financial support shall be computed for purposes of the 1993 budget year and every year thereafter based on the then certification of the Hamilton County Auditor of assessed valuation of the City and the entire Township. 6.3 The Trustee, as the disbursing officer of the Township, is hereby delegated the authority to receive, disburse, and account for all revenues raised under this Agreement. No disbursements from any park and recreation PARK JOINDER AGREEMENT Page account shall be made except as to claims approved by the Board in accordance with Indiana State Board of Accounts' practice and procedure. 6.4 Upon the request of the Joint Board, the Council and the Township Board shall establish a special non-reverting capital fund for the purpose of acquiring land or making specific capital improvements. Such fund shall be established in accordance with I.C. 36-10-3-20 in the case of the City and in accordance with I.C. 36-10-7.5-18 in the case of the Township. 6.5 The Joint Board may request the City to establish a cumulative building fund in accordance with all of the terms and provisions of I.C. 36-10-3-21. The Joint Board may request the Township Board to establish a cumulative building fund in accordance with I.C. 36-10-7.5-19. 6.6 Each officer and employee who handles money in the performance of duties under this Agreement must execute an official bond for the term of office or employment before entering upon the duties of the office or employment. The Township Board may, under I.C. 5-4-I-18, authorize a blanket bond to cover all officers' and employees' faithful performance of duties. All bonds shall be in the penal amount of not less than twenty-five thousand dollars {$25,000.00) and shall be recorded in the Office of the Recorder of Hamilton County, Indiana. ARTICLE VII. BUDGETS 7.1' The Joint Board shall formulate its estimated budget for 1992 and each year thereafter and submit the same to the Council and the Township Board on or before June 1st of each year. The budget shall be submitted on forms prescribed PARK JOINDER AGREEMENT Page 12 by the Indiana State Board of Accounts and shall adequately address the revenue needs for parks and recreation as contemplated by this Agreement. The budget shall be broken down into the following series of accounts: a. Personal services, wages and employment related costs. b. Supplies. c. Other services and charges. d. Capital outlays. 7.2 The Council and Township Board shall review the proposed budget of the Joint Board and after considering the public benefit therefor, shall take action by adopting a resolution either approving the budget as requested or modifying the budget. In the event the Joint Board's budget is not approved within thirty {30) days of its submission to both the Council and the Township Board, then a conference con~nittee shall be convened to resolve any budget disputes or differences. The Budget Conference Con~nittee shall be comprised of the Mayor, the Trustee, the President of the Council, the President of the Township Board and the President of the Joint Board. A report of the Budget Conference Con~nittee shall be made prior to August 1st to enable the proper officers of the City and Township to formulate an annual budget estimate in a timely manner as prescribed by law. Unless there is more than one {1} member of the Budget Conference Committee dissenting from a majority report recommending a parks and recreation budget, the Budget Conference Committee budget shall be approved by the Council and the Township Board. 7.3 In the event either the City and/or the Township does not approve a PARK JOINDER AGREEMENT Page 13 budget as proposed by the Joint Board or the Budget Conference Committee, the Joint Board may either reduce the estimated budget attributable to that unit or treat the reduction as a repudiation and termination of this Agreement in accordance with Article IX hereof. ARTICLE VIII. JOINT FACILITIES; ISSUANCE OF BONDS 8.1 All real property or works of improvements intended for park and recreation use in the City and Township shall be deemed joint facilities of the Departments under this Agreement irrespective of location or record title. As a joint facility, all taxpayers and residents of the City and Township shall have equal access to and benefit of said real property or work of improvement. 8.2 This section applies only to the acquisition of real property or a work of improvement that will be financed in whole or in part by the issuance of bonds and which will become joint facilities under this Agreement. If the Joint Board decides to {a) acquire land for park and ~ecreation purposes, either by purchase or appropriation, and in conjunction with the acquisition to proceed with a work of improvement; {b) acquire real property without proceeding at the time with a work of improvement; or {c} proceed with a work of improvement where the real property has already been secured; it shall adopt the resolution required by I.C. 36-10-3-23 and I.C. 36-10-7.5-21. In addition, the Joint Board shall issue and publish the notices required by the above referenced citations and conduct a public hearing in accordance therewith. After considering all the evidence and public comments or written remonstrances, the Joint Board shall PARK JOINDER AGREEMENT Page 14 take final action determining the public utility and benefit of the proposed park or recreation project by confirming, modifying or rescinding its original resolution. 8.3 In order to raise money to pay for land to be acquired and/or a work of improvement authorized under this Agreement and in anticipation of the special benefit tax which may be levied in accordance with I.C. 36-10-3 and I.C. 36-10-7.5, bonds may be issued in the name of the City or the Township. Before bonds may be issued, however, the Joint Board shall give notice of a public hearing to disclose the purposes for which the bond issue is proposed, the amount of the proposed issue and all other pertinent data. After the public hearing and before additional proceedings on the bond issue, the Joint Board must obtain an ordinance from the Council approving the bond issue and a resolution of the Township Board approving the bond issue. 8.4 Where the land and/or works of improvement are located within the boundaries of the City, the bonds shall be issued in the manner prescribed by I.C. 36-10~3. Where the land and/or works of improvement are located outside the boundaries of the City, the bonds shall be issued in the manner prescribed by I.C. 36-10-7.5. 8.5 All bonds issued pursuant to the authority of this Agreement shall be subject to the provisions of I.C. 5-1 and I.C. 6-1.1-20 relating to the filing of a petition requesting the issuance of bonds, the right of taxpayers to remonstrate against the issuance of bonds, the appropriation of the proceeds of the bonds and approval by the State Board of Tax Commissioners. PARK JOINDER AGREEMENT Page 15 8.6 To raise money to pay all bonds issued under this Agreement the Joint Board shall request that the Council and Township Board levy annually a speclal tax upon all of the real and personal property located in their respective special taxing districts sufficient to pay the principal and interest as the bonds mature. The Council and the Township Board shall have the tax levied for this purpose certified to the Hamilton County Auditor. The tax shall be collected and enforced by the Hamilton County Treasurer as other taxes are collected and enforced. 8.7 As the above referenced tax is collected, it shall be accumulated and kept in a separate fund to be known as the Carmel-Clay Park District Bond Fund. The fund shall be maintained by the Township and the tax shall be applied to the payment of the bonds as they mature. 8.8 The amount of the tax levy allocation for the payment of bonds issued hereunder shall be based upon the City's proportionate share of the aggregate assessed valuation as determined under Section 6.2 of this Agreement. 8.9 If the Joint Board is discontinued under the terms of Article IX hereof, the City and Township's obligation on bonds issued under this Agreement will not be affected. In such case, each unit herewith expressly assumes liability for the payment of the bonds according to their terms and this Article VIII. ARTICLE IX. DURATION AND TERMINATION OF AGREEMENT 9.1 It is hereby specifically understood that this Agreement shall be PARK JOINDER AGREEMENT Page 16 binding on the contracting parties for the longest period of any bond issued to finance Joint facilities as contemplated by this Agreement and shall continue year-to-year thereafter until modified or terminated in accordance with the terms and provisions hereof. 9.2 This Agreement may only be terminated pursuant to an ordinance of the City or resolution of the Township Board directing that the Agreement be terminated and that the Joint Board be disbanded. Such ordinance or resolution must be finally adopted and transmitted to the Joint Board and the non-terminating party on or prior to June 1st of any year preceding the effective date of the termination. For purposes hereof, such termination shall be only effective for the ensuing budget year following the date of said ordinance or resolution as provided for in this Section. 9.3 Upon a termination of this Agreement, as authorized by Section 9.2, it is specifically understood and agreed that joint facilities within the boundaries of the City shall remain the sole and exclusive property of the City Department, and the City shall assume full legal and financial responsibility for operations and maintenance of such joint facilities. Upon such termination it is specifically understood and agreed that joint facilities outside the boundaries of the City shall remain the sole and exclusive property of the Township's Department, and the Township shall assume full legaY and financial responsibility for operations and maintenance of such joint facilities. 9.4 Upon termination of this Agreement, as authorized by Section 9.2 hereof, the City Department shall be liable for and indemnify, defend and hold PARK JOINDER AGREEMENT Page 17 harmless the Township Department and the Trustee, officers, agents and employees of said Township Department, against claims, liabilities, damage or loss, including costs, expenses and reasonable attorney fees, in connection with any action, suit or proceeding asserted by any person or persons other than the parties hereto, arising out of or based upon the use or occupancy of joint facilities reverting to the City Department by virtue of Section 9.3 hereof. 9.5 Upon termination of this Agreement, as authorized by Section 9.2 hereof, the Township Department shall be liable for and indemnify, defend and hold harmless the City Department and the Cannel Park Board members, officers, agents and employees of said City Department, against claims, liabilities, damage or loss, including costs, expenses and reasonable attorney fees, in connection with any action, suit or proceeding asserted by any person or persons other than the parties hereto, arising out of or based upon the use or occupancy of joint facilities reverting to the Township Department by virtue of Section 9.3 hereof. 9.6 In the event this Agreement is terminated in accordance with Section 9.2 hereof, the Trustee shall reassume jurisdiction for park and recreational purposes which was previously released and transferred to the City pursuant to I.C. 36-10-7.5-7{13) and Article V of this Agreement. 9.7 The termination of this Agreement will not operate to relieve the City and the.Township from providing the revenues necessary to pay for bonds issued in accordance with Article VIII hereof. Accordingly, it is specifically understood and agreed that the contracting parties' obligation to levy taxes and PARK JOINDER AGREEMENT Page 18 appropriate funds for debt service, shall continue year-to-year until such indebtedness is discharged and paid in full. 9.8 Upon termination of this Agreement, all cash resources, accounts and movable tangible personal property shall be distributed to the respective Departments based on the allocation of financial support for each party under Section 6.2 hereof. ARTICLE X. MISCELLANEOUS 10.1 It is specifically understood and agreed that this Agreement is subject to any applicable laws which may apply to the parties and their respective Departments and which give rights or responsibilities to persons who are not parties to this Agreement. 10.2 The contracting parties may, by mutual written agreement, alter, change or amend the terms and conditions hereof, unless said alteration, change or amendment would violate the terms or covenants of any bond ordinance of the City or Township or otherwise prejudice the rights of any bond holders thereof. 10.3 In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 10.4 The effective date of this Agreement shall be the last date of signing by the parties hereto and the adoption of a ratification ordinance in the case of the City and a ratification resolution in the case of the Township as required by I.C. 36-1-7-4. PARK JOINDER AGREEMENT Page 19 10.5 This Agreement is signed pursuant to I.C. 36-1-7, e__t seq., I.C. 36-10-3-11 and I.C. 36-10-7.5-7, all as the same may be amended or supplemented from time to time. 10.6 This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in several counterparts in their respective Unit names by the duly authorized signatories. Date: (/~C64~. ~//(/~/ CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA Attest: Township q~erk Township Board Member To n ~ Date: PARK JOINDER AGREEMENT Page SUPPLEMENTAL ACKNOWLEDGEMENT OF RECEIPT AND APPROVAL OF AGREEMENT The undersigned, representing the duly appointed Camel Park Board, do hereby acknowledge receipt of the above reference teemerit and do hereby approve its terms and provisions this iT ?day of~ , 1991. The undersigned, on behalf of the Department of Parks and Recreation for Clay Township, does hereby acknowledge receipt of the above referenced Agreement and herewith approves its terms and conditions this day of , 1991. hiptrustee 8 pja RESOLUTION RELEASING AND TRANSFERRING JURISDICTION FOR PARK AND RECREATIONAL PURPOSES TO PARK AUTHORITIES OF THE CITY OF CARMEL, INDIANA WHEREAS, the City of Camel ("Camel") has created a Park and Recreation Department to be administered by a Board of Park and Recreation, all in accordance with the provisions of I.C. 36-10-3, e_t seq.; and WHEREAS, the Clay Township Board {"Township") has created a Department of Parks and Recreation to be administered by the Trustee, all in accordance with the provisions of I.C. 36-10-7.5, e__t seq.; and WHEREAS, Camel and Township have heretofore determined that the best interests of the citizens and taxpayers of Camel and Township would be served by administering the park and recreational needs of their respective territories through a joint board; and WHEREAS, Camel and Township have entered into a Park Joinder Agreement dated July 24, 1991 as authorized and provided for under I.C. 36-1-7, e_t seq., and pursuant to such agreement, have provided for the formation and administration of a joint park and recreation board and other matters; and WHEREAS, Camel by appropriate petition has requested that the Township release and transfer to Camel .jurisdiction for park and recreational purposes within the area and territory which is now or will hereafter be included in its corporate limits; and WHEREAS, the Township has agreed to such release and transfer under the terms of the above referenced Park Joinder Agreement. NOW, THEREFORE, BE IT RESOLVED: 1. That the petition of Camel referenced in the recitals to this resolution be, and the same is hereby approved. 2. That the Township, acting by and through its Trustee, does hereby release and transfer to Cam, el that portion of the Township's park district lying within the corporate boundaries of the City of Camel. Such release and transfer is herewith made in accordance with the authority granted the Trustee under I.C. 36-10-7-5-7{13). 3. That the transfer and release of park and recleation jurisdiction by the Trustee under this resolution be and is in consid ration of the City of Carmel's continuing participation under the above referenced Park Joinder Agreement. As Carmel acquires additional territory through annexation, the Trustee shall be deemed to have automatically released and transferred such territory to the City of Camel effective as of the date the parties allocate their proportionate shares of park funding under Article VI of said Park Joinder Agreement. RESOLUTION Page 2 4. The special park and recreation taxing district for the Township shall Carmel acquires i o u e a Township's special park and recreation taxing district shall be adjusted accordingly with the additional transfer of park and recreation jurisdiction under the terms of this resolution and the Park Joinder Agreement. 5. This resolution shall be deemed a continuing resolution until such time as the Park Joinder Agreement is terminated in accordance with the terms thereof. ATTESTATION: CLAY TOWNSHIP TRUSTEE Dated: Ro 7 clay. r