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HomeMy WebLinkAboutD-1192 Estab Ham Co Hazard TaskAN ORDINANCE OF THE CITY OF CARMEL, INDIANA, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT ESTABLISHING THE HAMILTON COUNTY _HAZARDOUS MATERIALS TASK FORCE WHEREAS, through the joint efforts of several cities and towns and the County of Hamilton, the need to provide a quick response team to address hazardous material incidents throughout Hamilton County has been identified; and, WHEREAS, the cost of supplying the material and manpower to staff a quick response team for these purposes is inefficient and overly costly if undertaken by any one municipal corporation without the assistance of others; and, WHEREAS, through the efforts of the informal work of the Hazardous Materials Task Force, an intefiocal agreement has been prepared which provides for the contributions to be supplied to the Task Force by the various cities and towns as well as other entities which will serve as contributing members of the Task Force has been prepared and is found to be reasonable, necessary and appropriate; and, WHEREAS, the City of Carreel will be directly and immediately benefited from the creation of and continued support and existence of a Hamilton County Hazardous Materials Task Force and, therefore, desires to become a contributing member thereof. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel meeting in regular session as follows: SECTION 1. The Mayor of the City of Carreel is hereby authorized and directed to execute for and on behalf of the City of Cannel the Inte~ocal Agreement which is attached hereto, made a part hereof and marked Exhibit A, and to undertake such other steps as may be necessary to implement said agreement, and the Clerk-Treasurer is hereby authorized and directed to attest said agreement. SECTION 2. The Common Council of the City of Carmel hereby agrees to take whatever steps may be necessary to authorize the contribution required of the City of Cannel as set forth in said interlocal agreement, including the adoption of a separate ordinance, if necessary, to fully implement the required contribution as set forth. SECTION 3. This ordinance shall be in full force and effect from and upon its adoption in accordance with the law and any ordinances or parts thereof in conflict herewith are hereby repealed. This ordinance is being undertaken under the provisions of the Indiana Code authorizing the execution of intefiocal agreements and under the further authority of the Constitutional provisions of the State of Indiana providing for Home Rule. ALL OF WHICH IS SO ORDAINED this/9 y of ~,~CE r~be'/', 1995. CITY OF CAKMEL BY: x- JP~ Ap roved and signed by the Mayor of the City of Cannel, Hamilton County, Indiana, this 1 ~ ~ day of , 1995. Ted John on, Mayor of the City , . ATTEST: /~Clerk-Treasurer Draft #2 11/10/95 INTERLOCAL AGREEMENT PROVIDING FOR THE CREATION OF THE HAMILTON COUNTY HAZARDOUS MATERIALS TASK FORCE In consideration of the mutual covenants hereinafter set forth and the mutual benefits to be derived therefrom, the undersigned do hereby establish the Hamilton County Hazardous Materials Task Force, all subject to the terms and conditions set out hereafter: SECTION 1. PURPOSE. The purpose for which the Hamilton County Hazardous Materials Task Force is being formed is to provide for the efficient, coordinated and trained response to hazardous materials incidents within the borders of Hamilton County, including all of its cities and towns. Each of the participant members recognizes and acknowledges that no one municipal corporation can reasonably afford the cost or time to fully equip, maintain and staff a hazardous materials team strictly for the benefit of their community and that there are cost savings as well as other economies of scale achieved through a collective effort to meet the public safety requirements associated with a hazardous materials incident. It is with this purpose in mind that the undersigned contributing members have entered into this Intefiocal Agreement. SECTION 2. GOVERNING ORGANIZATION. The Hamilton County Hazardous Materials Task Force shall be governed by a Board of Trustees. Each public entity contributing member, whether a part of the charter membership or added hereafter, shall be entitled to appoint one representative to the Board of Trustees of the Task Force. With respect to those members which operate a fire department, the Fire Chief shall be the designated representative to the Task Force. With regard to those contributing members which do not operate a fire department, an elected representative of the executive or fiscal branches of government shall be the designated representative; except, in the case of the Hamilton County Emergency Management Agency, its Director shall be the representative, and, in the case of the Hamilton County Local Emergency Planning Committee, its Chairperson shall be the representative. In the case of a nonpublic entity which becomes a contributing member hereafter, such entity shall appoint its representative in its sole discretion. From its duly appointed membership, the Task Force shall select the following officers: (a) A Chairperson who responsibilities shall be to conduct meetings, appoint such committees as may be necessary to carry out the business of the Task Force and to otherwise direct the operations of the Task Force, all subject to the further powers and responsibilities delineated in the By-Laws which shall be adopted by the Board of Trustees upon their appointment. (b) A Secretary-Treasurer who shall be responsible for maintaining minutes of the regular meetings of the Task Force and further, for maintaining books and records of account showing the income and expenditures of the Task Force, all in accordance with Indiana law and such rules as may be applicable established by the Indiana State Board of Accounts. (c) Such other officers and/or liason non-voting representatives as the Board of Trustees may in its absolute discretion, deem appropriate and necessary for the proper conduct of the business of the Task Force. SECTION 3. CHARTER MEMBERSHIP AND DESIGNATION OF CONTRIBUTIONS. The charter membership of the Hamikon County Hazardous Materials Task Force shall consist of the following governmental entities and the initial contributions made by such entities to the Task Force are set forth opposite their names: Governmental Entity The City of Noblesville Initial Contribution The Town of Fishers The City of Carreel The Town of West~eld The Town of Cicero Town of Sheridan Town of Arcadia Town of Atlanta The County of Hamilton/Hamilton County Emergency Management Agency Hamilton County Local Emergency Planning Committee Upon the inauguration of the Hamilton County Hazardous Materials Task Force and the appointment of its Board of Trustees, additional governmental public entities or non governmental/private entities may be permitted to join upon the adoption of the appropriate ordinance or other enabling action, resolution, motion or the like, and, the execution of this Interlocal Agreement (which may be done in counterparts) and upon the contribution in cash, kind or services as deemed reasonable and sufficient by the Board of Trustees in the exercise of its discretion. The considerations and understandings which form the basis for the addition of new members, either public or private, shall be in writing and approved by the parties thereto before the Interlocal Agreement is executed so that the expectations of the parties are clearly understood before the new member officially joins the Task Force. SECTION 4. PROVISION FOR CONDUCT OF THE AFFAIRS OF THE TASK FORCE AND TERMINATION OF MEMBERSHIPS. The Board of Trustees shall adopt By-Laws to regulate and govern the ongoing responsibilities of` the Task Force. A simple majority of` the total membership shall be required to adopt the By- Laws or to amend the By-Laws from time to time by deleting, changing or adding such provisions as may be necessary for the proper and efficient operation of` the Task Force. The Board of'Trustees shall have the authority necessary to take such steps as may be required from time to time by Indiana law in order to meet the objectives set forth in the purpose clause above. The Hamilton County Hazardous Materials Task Force is recognized as a collective product of` the contributing members and, as such, act strictly under the authority granted to each of` its contributing members by State law. For this purpose, any physical assets which may be contributed to the Task Force by a public member for its use in furtherance of` its purposes, shall remain in title to the contributing public member and only the equitable title authorizing possession of` such items shall pass to the Task Force for its use. Any non-public contributions shall become the property of the Task Force; however, no proprietary interest is created in any participating member in such contributed assets and, upon withdrawal, any assets of the Task Force to which it holds title shall not be distributed to such withdrawing member but they shall remain the property of the Task Force. In the event of the dissolution of the Task Force by agreement of the participants, any asset which is then titled to the Task Force legally (in other words, not the property of a contributing member) shall be donated to the Hamilton County Local Emergency Planning Committee. Should any member, either charter or added hereafter, fail to meet its responsibilities to the Task Force, either through the continued contributions of men or material, upon a three-fourths majority vote of theTrustees, a membership may be terminated. Upon termination, any property of such withdrawing member in the possession of the Task Force shall be returned to such withdrawing member immediately. A member may withdraw from participation in the Task Force by adopting an ordinance rescinding the enabling ordinance which gave rise to the authority to execute this Intefiocal Agreement or the appropriate action required to rescind the original enabling action, whatever that might be, and upon not less than One Hundred Eighty Days (180) days notice to all other members. The parties agree that such time period is reasonable and necessary to properly provide for the replacement, if necessary, if the equipment, material or manpower which will be removed by the withdrawing Member. No other cause shall be required for withdrawal from the Task Force after notice has been given. SECTION 5. HAMILTON COUNTY DISASTER PLAN, HAZARDOUS MATERIALS ANNEX. The Hamilton County Disaster Plan and, in particular, the Hazardous Materials Annexed thereto, as it may be amended from time to time by the Hamilton County Local Emergency Planning Committee, is hereby adopted by the Task Force as the general response plan for hazardous materials incidents. The Board of Trustees shall have the authority to provide for operating procedures and policies as they see fit to fulfill the. mission and purpose for which the Task Force has been created and to amend such policies and procedures as may be necessary from time to time in accordance with the provisions of their by-laws. SECTION 6. INITIATION. The organization of the Trustees and the election of officers shall occur at 6 P.M. on the first Tuesday following the 60th day after the execution of this Inte~ocal Agreement by at least 50% of the charter contributing members. All prospective charter contributing members shall be notified of the execution of this Interlocal Agreement by the 4th member, which shall constitute the number necessary to meet the minimum 50% requirement and the date certain resulting from this provision for the organization of the Board shall be given in said notice. SECTION 7. INSURANCE. Each public entity contributing member shall provide written confirmation that their comprehensive liability insurance coverage will insure losses experienced by said public entity contributing member while participating in hazardous materials task force responses. This requirement shall supercede any other limitations established by statute, ordinance or contract. It is the intent of this provision that each public entity contributing member shall be responsible for any and all losses experienced as a participant regardless of where the loss occurs. IN WITNESS WHEREOF, the undersigned have executed this Inte~ocal Agreement with the full authority of the government entity which they represent this day of ,1995. CITY OF NOBLESVILLE BY: Mayor, City of Noblesville ATTEST: Clerk-Treasurer, City of Noblesville Walter F. Kelly Roy G. Holland James P. Roederer David C. Gingrich Deborah H. Heckart Town Council of the Town of Fishers, Hamilton County, Indiana ATTEST: Linda Gaye Cordell, Clerk-Treasurer CITY OF CARMEL BY: Approved and signed by the Mayor of the City of Carreel, Hamilton County, Indiana, this !_!_~-day of I'~'o, rt bj/', 1995. Ted Johnsbn, Mayor of the City of Ca~xl. ATTEST: Clerk-Treasurer TOWN OF CICERO BY: ATTEST: Clerk-Treasurer TOWN OF AKCADIA BY: ATTEST: Clerk-Treasurer TOWN OF ATLANTA, INDIANA BY: ATTEST: Clerk-Treasurer TOWN OF SHERIDAN, INDIANA BY: ATTEST: Clerk-Treasurer 10 TOWN OF WESTFIELD, INDIANA BY: ATTEST: Clerk-Treasurer BOARD OF COMMISSIONERS OF HAMILTON COUNTY, INDIANA BY: ATTEST: Jon M. Ogle, Auditor G:\CLIENTS~M-R~OBLESVIXHAZINTLO.DOC 12