HomeMy WebLinkAboutAmend Park & Rec. Joinder CARMEL/CLAY PARKJOINDER
HOUSEKEEPING AMENDMENT
EXHIBIT "A"
AMENDMENT TO PARK 3OINDER AGREEMENT UNDER
INTERLOCAL COOPERATION ACT BETWEEN
THE CITY OF CARMEL, INDIANA AND
THE TRUSTEE OF CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
This Amendment ('~Iousekeeping Amendment"), dated the day of
, 1997, to the Park Joinder Agreement Under Interlocal Cooperation Act
Between the City of Carreel, Indiana, and the Trustee of Clay Township, Hamilton County,
Indiana CJoinder Agreement"), dated July 24, 1991, is executed by and between the City of
Carrnel, Indiana C'City") and Clay Township, Hamilton County, Indiana C'Township").
WHEREAS, the City and Township entered into the Joinder Agreement effective July 24,
1991; and
WHEREAS, the Joinder Agreement provides, at Article X, §10.2, for the Joinder
Agreement to be amended by mutual written agreement; and
WHEREAS, the parties desire to amend the Joinder Agreement in order to further the
purposes and activities of the Carmel-Clay Board of Parks and Recreation C'Joint Board''), by
clari6ring the powers of the Joint Board and the respective joint obligations of the City and the
Township;
NOW, THEREFORE, the City and Township agree as follows:
CARMEL/CLAY PARKJOINDER
HOUSEKEEPING AMENDMENT
Article I is hereby amended to modify and add the following definitions:
"1 . 1 0 'Joint Facilities' shall mean real property owned, leased or acquired for park and
recreation purposes, including but not limited to, office and programming space for the
operation of the Department, 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, Township or Joint Board. It shall also mean all tangible personal property and
equipment owned or leased by the City, Townshipship or Joint Board for park and
recreation purposes,"
'~h4-1" 'Township Special Taxing District' shall mean all Township territory lying outside l
the boundaries of the City as such changes from time to time for all periods during which~
this Agreement is in full force and effect."
'M.-_l'r 'City Special Taxing District' shall mean all City territory lying within the,
boundaries of the City as such changes from time to time for all periods during which this
Agreement is in full force and effect."
Article IV is hereby amended as follows:
4.2 (a): The word "facilities" in subsection 4.2(a) is hereby deleted and replaced with
"Joint Facilities".
4.2(d): The language in 4.2(d) is hereby modified as follows:
"acquire and dispose of real and personal property, ,including the power to act as the
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CARMEL/CLAY PARKIOINDER
HOUSEKEEPING AMENDMENT
'fiscal body' as such term is referenced in IC 36-1-10.5, entitled 'Purchase of Land or
Structures' and provide for Joint Facilities by the issuance of bonds in accordance with
Article VII hereof."
4.2(e): The language in 4.2(e) is hereby modified as follows:
"exercise the power of eminent domain within the City Special Taxin~ District under
statutes available to municipalities and within the Township Special Taxin,~ District under
statues available to townships;
Article VI is hereby mended as follows:
"6.3 The Fiscal Officer of the City, as the disbursing officer of the City, is hereby
delegated the authority to receive, disburse, and account for all revenues raised under this
Agreement. No disbursements from any park and recreation account shall be made
except as to claims approved by the Board in accordance with Indiana State Board of
Accounts' practice and procedure."
Article VIII is hereby mended as follows:
The term "joint fae'dities" in Article VIII shall be modified by capitalizing the term so that
its reference therein is consistent with the definition set forth in Article I, 1.10;
Article IX is hereby mended as follows:
The term "joint facilities" in Aftrole IX shall be modified by capitalizing the term so that
its reference therein is consistent with the definition set forth in Article I, 1.10;
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CARMEL/CLAY PARKIOINDER
HOUSEKEEHNG AMENDMENT
Section 9.7 is hereby amended by adding a new last sentence as follows
%ikewise, the termination of this Agreement will not operate to relieve the city and the
Township from honoring the legal obligations of the Joint Board. Accordingly, it is
specifically understood and agreed that the coreracting parties' obligation to honor debts
incurred by the Joint Board shall continue year-to-year until such indebtedness is
discharged and paid in full."
6. Effective Date. The effective date of this Housekeeping Amendment shall be the last date
of signing by the parties hereto, the adoption of a ratification ordinance in the case of the City
and a ratification resolution in the case of the Township and compliance with the recording and
filing requirements oflC 36-1-7.
7. Recordation. This Housekeeping Amendment shall be recorded by the City in the
Hamilton County Recorder's Office at~er approval by the City and the Township and filed with
the state board of accounts for audit purposes, all pursuant to IC 36-1-7, and shall not be deemed
enforceable and binding until the same is so recorded and so filed.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
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CARMEL/CLAY PARK.IO1NDER
HOUSEKEEPING AMENDMENT
IN WITNESS WHEREOF, the parties hereto have caused this Housekeeping
Amendment to be executed in several coumerparts in their respective Unit names by the duly
authorized signatories.
CITY OF CARAMEL, INDIANA
ATTEST:
By
Mayor
Clerk-Treasurer
Date
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CARaMEL/CLAY PARKJOINDER
HOUSEKEEPING AMENDMENT
CLAY TOWNSHIP
HAMILTON COUNTY, INDIANA
By
Township Trustee
Township Board Member
Township Board Member
ATTEST:
Township Board Member
Dated
Township Clerk
PKjoinAmenClean
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