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Home My WebLink AboutD-1560-02 Parks Joinder AgreementSponsors: Councilors Wilson, Kirby, Koven, Rundle and Snyder ORDINANCE NO. D-1560-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA CONCERNING PARKS AND RECREATION WHEREAS, the City of Carmel ("City") acting by and through its Common Council ("Council"), and Clay Township of Hamilton Cotmty, Indiana, ("Township"), acting by and through the Clay Township Trustee ("Trustee") entered into a Park Joinder Agreement ("Agreement") dated July 24, 1991 under which was established the Carmel-Clay Board of Parks and Recreation ("Joint Board); and, WHEREAS, the Council is desirous of re-establishing the City's Parks and Recreation Department to be administered by a Board of Parks and Recreation; and, WHEREAS, Indiana Code 36-1-7-3, the statute pursuant to which the Agreement was formed, provides that an agreement made pursuant to the statute, must provide for the method that may be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon partial or complete termination; and WHEREAS, the Agreement provides that it 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; NOW, THEREFORE, BE IT ORDA1NED by the Common Council of the City of Carmel, Indiana, as follows: Section I: The Park Joinder Agreement dated July 24, 1991 between the City of Carmel and Clay Township, Hamilton County, Indiana is hereby terminated and the Joint Board shall be disbanded, all to be effective December 31, 2002. Section II: Any ordinance of the Common Council of the City of Carmel which adopted the Park Joinder Agreement is hereby repealed and the action of the Common Council adopting the Agreement as reflected in its minutes of August 5, 1991 is hereby repealed. Section III: This Ordinance shall be finally adopted and transmitted to the joint board and to Clay Township, acting through the Clay Township Trustee on or before June 1, 2002. Section IV: Termination of the Agreement shall be effective for the ensuing budget year, 2003, following the date of this Ordinance. Section V: Section VI: Section VII: Section VIII: Section IX: Section X: Section XI: Pursuant to the Agreement, as required by Indiana Code 36-1-7-3(4), upon termination of the Agreement, all joint facilities, irrespective of record title, which are located within the boundaries of the City shall remain the sole and exclusive property of the City, and the City shall assume full legal and financial responsibility for the operation and maintenance of such facilities. Pursuant to the Agreement, as required by Indiana Code 36-1-7-3(4), upon termination of the Agreement, all joint facilities, irrespective of record title, which are located outside the boundaries of the City shall remain the sole and exclusive property of the Township, and the Township shall assume full legal and financial responsibility for the operation and maintenance of such facilities. Should annexation occur by the City of facilities located outside the boundaries of the City following the adoption of this Ordinance, those facilities, irrespective of record title, shall become the sole and exclusive property of the City once such annexation is in effect and the facilities come within the boundaries of the City. From June 1, 2002 until December 31, 2002, the City, the Township, and the Joint Board shall cooperate to see that correct record title is established for the facilities described in Sections V and VI of this Ordinance. This Ordinance does not affect the obligation of the City, the Township, or the Joint Board with respect to any bonds issued pursuant to the Agreement. It does not alter the obligation to continue to levy and collect special benefit taxes to provide debt service on all outstanding bonds of the joint district, and this obligation shall continue from year-to-year until such indebtedness is discharged and paid in full. Upon termination of the Agreement, the City shall be liable for and indemnify, defend and hold harmless the Township and the Trustee, officers, agents and employees of said Township, 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 to the Agreement, arising out of or based upon the use or occupancy of the facilities reverting to the City pursuant to Section 9.3 of the Agreement and Section V of this Ordinance. Upon termination of the Agreement, the Township shall be liable for, and indemnify, defend and hold harmless the City and its officers, agents and employees, 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 to the Agreement arising out of or based upon the use or occupancy of the facilities reverting to the Township pursuant to Section 9.3 of the Agreement and Section VI of this Ordinance. Section XII: Upon termination of the Agreement, the Trustee shall reassume jurisdiction for park and recreational purposes which was previously released and transferred to the City pursuant to the Agreement and Indiana Code. Section XIII: Upon termination of the Agreement, all cash resources, accounts and movable tangible personal property shall be distributed to the City and the Township based upon the allocation of financial support for each pursuant to the Agreement. Section XIV: The Mayor shall work with the Council to see that all necessary legal and budgetary steps are taken to establish the Parks and Recreation Department and Board of Parks and Recreation prior to December 31, 2002, in order to be prepared to assume jurisdiction on January 1, 2003. Section XV: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, effective December 31, 2002. Section XVI: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. PASS, ED, by the Common Council of the City of Carmel, Indiana, this /~-/~day of ~/~')/?~[, ,2002, by a vote of ~ ayes and ~ nays. COMMON COUNCIL FOR~~ ~2~~~ffi~iffg ifln, Pres~ent Pro Temp~re Robert l~attreall /~'L'~'undl~ x~. Ronald E. Carter Ltrf~Sn~r -- ~;7 - ATTEST: Diana L. Co~urer ted by me to the Mayor of the City of Carmel, Indiana this ~_ day of ,2002 Diana L. Cordray, ~asurer Approved by me, Mayor of the ~ d~yof /'/~, , ~/ ] ~/ JamesB~ard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: Sue A. Beesley Bingham McHale LLP 320 N. Meridian Street Suite 1100 Indianapolis, 1N 46204 317/634-7588 272082 MAYORAL VETOris OVERRULED by the Common Council of the City of Carmel, Indiana this ~04'~ day of '-'-~O~ 2002, by a vote of ~' ayes and ~2~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ~_~.~Presiding Offi Wayn$ Wilsor~ President Pro Tempore Rober~[~~ Ronald E. I~a~e{ ATTEST: Diana L. Cordray' I~easurer Presented by me to the Mayor of the City of Carmel, Indiana this~QSD_day of~ 2002, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Carmel, Indiana, this at .M. day of 2002, ATTEST: James Brainard, Mayor Diana L. Cordray, IAMC, Clerk-Treasurer