The URL can be used to link to this page

Home My WebLink AboutD-1606-02 E911 Interlocal Agrmt'..,' I ,--- . - ~ _" SPON,. _,~(S): Councilor Battreall ORDINANCE NO. D-1606-02 AN ORDINANCE OF THE COMMON'COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36-1-7 authorizes cooperatiVe endeavors between municipalities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 ~mthorizes the Common Council to approve such "interlocal agreements;" and WHEREAS, the "interlocal agreement" by and between the City of Carmel, Indiana and Hamilton County, Indiana, pertaining to the sharing of frequencies as part of the Enhanced 911 System, a copy of which is attached hereto and incorporated herein as Exhibit A ("InterloOal Agreement"), is in the best interests of the City of Carmel and its residents. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as folloxvs: Section l. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. The Clerk-Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by law. Section 4. This Ord/nance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this I ~day of __ )[J0~0')C~)/.~, 2002, by a vote of [~ ayes and '~ nays. 20050001¢392 Filed rot Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYOEN 03-09-2005 Ab 09:20 ORDINANCE 25.00 PreparedbyDou§lasC. Haney, CarmelCityAttomey ~D-1606-02 SPONSOR(S): Councilor Battreall COMMON COUNCIL FOR THE CITY OF CARM~~ //t~onald E. C~er ATTEST: Diana L. Cordray,~Mc, Cleffc-Treasurer PresentedbymetothcMayoroftheCityofCarmel, Indiana, at //"~ o'clock ~ m. on the~ $t- day of l"41~Y~rt~l/ , 2002. Di~a L. Cordrayj ~, Cle~3reasurer ~e ~ ~H.~er, ~pu~ ~erk for 2[g~ Approved by me, M,yor of the Ci, of C~el, Bdi~a, at --//~ o'clock ~.m. this day of ff~F~ ~ ,2002. J~es Brained, Mayor ATTEST: Diana L. Cordray,VIAMC, ClerkOYreasurer Deputy C3erk fbr Prepared by Douglas C, Haney, Carmel City Attorney tD-1606-02 INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL AND HAMILTON COUNTY~ INDIANA, CONCERNING E911 FREQUENCIES WITNESSETH THAT: WHEREAS, the City of Carmel, Indiana ("City"), presently owns the licenses to five (5) radio frequencies issued by the Federal Communication Commission ("Commission") to be used for police, fire, and other emergency dispatch and communication services for the City, which radio frequencies are more particularly identified on attached Exhibit A, incorporated herein by reference ("the City Frequencies"); and WHEREAS, Hamilton County, Indiana ("County"), acting through the Hamilton County Sheriff's Department, presently owns the licenses to ten (10) radio frequencies issued by the Commission to be used for police, fire, and other emergency dispatch and communication services for the County, which radio frequencies are more particularly identified on attached Exhibit B, incorporated herein by reference ("the County Frequencies"); and WHEREAS, the County Frequencies are used by the County and the police and fire departments of the cities and towns located within the County, other than the City; and WHEREAS, the County is in the process of issuing bonds to finance the acquisition and installation of an enhanced communication system which would allow the City Frequencies and the County Frequencies to be used interchangeably by all public safety entities located within the County ("the Enhanced System"); and WHEREAS, in order to construct the Enhanced System, both the City and the County are consenting to the use of their respective radio frequencies by and between all of the emergency police, fire, and emergency dispatch facilities, including 911 services, located within the County; and WHEREAS, there may subsequently arise circumstances concerning the Enhanced System which would cause either the City or the County to chose to withdraw its radio frequencies from the Enhanced System. THEREFORE, IT IS AGREED by and between the Common Council of the City of Carmel, Indiana, acting on behalf of the City, and the Board of Commissioners of Hamilton County, Indiana, acting on behalf of the County, as follows: 1. This Agreement shall be construed as an Interlocal Agreement pursuant to Indiana Code 36-1-7. 2. The parties agree to share, as part of the Enhanced System that is presently being acquired and constructed by the County, the City Frequencies and the County Frequencies, such sharing to be expressly conditional upon the written approval of the Commission and the Association of Public Safety Communications Officials, International ("APCO"), as well as upon the terms and conditions of this Agreement. 3. Due to the substantial investment made by the County in the Enhanced System, the parties agree that said sharing shall continue for a minimum of three (3) years from the last date on which a party hereto executes this Agreement. 4. Should the City withdraw from participation in the Enhanced System, the parties agree that the County may continue to maintain the Enhanced System upon the City's radio tower. 5. Each party shall be solely responsible for the modifications to its existing FCC public safety license(s) needed to reflect the joint use of the City Frequencies and the County Frequencies. Such modifications include, but are not limited to, coordination of frequencies through the APCO and the submission of necessary FCC Form 601 information. 6. After the expiration of the parties' initial three (3) year "frequency sharing" period, either party may thereafter elect to withdraw from participation in the Enhanced System at any time, upon one hundred eighty (180) days advanced written notice to the other party. Upon such withdrawal, the City shall be entitled to the sole and exclusive use of the City Frequencies as they existed prior to the creation of the Enhanced System, and the County shall be entitled to the sole and exclusive use of the County Frequencies as they existed prior to the creation of the Enhanced System. In such event, each party shall be solely responsible for any and all modification(s) to its FCC license(s) necessary to reflect such sole and exclusive use. 7. In the event there is a dispute between the City, the County and/or the Commission concerning the terms and conditions of this Agreement, the parties agree that they will submit that dispute to mediation pursuant to the Indiana Rules of Alternative Dispute Resolution prior to the initiation of litigation. In the event the parties are unable to agree upon a mediator for such dispute, the parties agree to alternately strike from a panel of mediators appointed by the Judge of the Circuit Court of Hamilton County. SO AGREED. BOARD OF COMMISSIONERS OF HAMILTON COUNTY BY: Steven A. Holt Date: Steven C. Dillinger Date: Sharon R. Clark Date: ATTEST: Robin M. Mills, Auditor Date: Feder~Communtcations Commilsion Wite!ellTelecommunlc(:stlon$ Bureau RAOIO STATION AUTHORIZATION :24 C(~I Sign I File NulN:)M ~NvF998 ' 00o03~8196 Rode YF - Public Safety I¢cl ckRHEL, CiTY OF Plan, 821-82~/866-86g I~Hz, ~1 1ST AVI: .N~ Trunk~d _ CARHEL IN ~0~2 ~ P~RS ~ STA~ON ~GHNICAL Fixed Loco~on AddNll or MoblM Ama of Ope~on LOC- ' aO~ gao AVE SU La~ (NA083): 39-58-29,t N Long (NAO83): S6-?-4~.0 ~ 2 ASR NO.: F~equenctea SSa. NO. Ne. EmIsalO~ Outpu~ ERP Ant. 20KOF3E ~oun~ Elev: 254.0 84,0 FCC 601 - LM Ccdl lion: ~NVF998 ooo03~8196 PKnt D~: 1~31-200! t 0 3~4 0 364 0 364 0 364 0 364 0 0020. OOO 0002. 0020. 000 . 0002.000 00~0.000 0002. 003S.000 0070.000 003S.000 0070. 003~ .000 0070.000 B4.0 84,0 ' Ed .0 FCC ~01 * LM s~f 20o~ Nov 14 02 03:33p H-,n~-l+.on Coun~,~l Comm. (31'7l ~.,.-,-,-,-,-,.~ ' '**.. ' .~::' "p'***.P!~ .",o".:r,o. ' AUTHOR I'l~T,I ON ~' SHERIFF OEPT dOE COOK #A~ILTO#, COUNTY OF. 18100 CURBERLANO RO' NOBLESVILLE IN b6060 776-9896 p, 3 90 YF - Public SafiTy #ti .* .. Plan, 821-824/8G&-869 HNZo .:. .'. . .' Trunk~d ' 01-07-200! 01-07-2001. ..: [ -'~: 1011 t.l~ (NADP3): 40-~1-t40~ N ' Long (..N,.~De:]): ' ' *:,, .. . ,' · iN g$-S~33.gI ¥',. ASR N~.= 16a,OQO t93,000 '1S3.0OO c~... ase.l12eO:'lil~ 1St.112~0 F02' 114.11~S0 91 PIIR$ Ht'./Tp AAT 122~0 ltO.O 12~.0 110.0 1~2.0 IlO.O 122.0 HO.O 122.0 t10.0 122.0 ;[110.0 12~.Oe2SD~FX1 : '31 . ' l~l~.~ ' ' i4o (317) 77G-9896 ~c~] -~ 0~' ~M)t 2O~O /