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HomeMy WebLinkAbout Parks & Rec Joinder(Replaces 1991)200200054187 Filed for Re~ord in HAMILTON COUNTY, INDIANA MARY L CLARK 07-31-2002 02:40 pm. AGREEMENT 49.00 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA, AND CLAY TOWNSHIP OF HAMILTON COUNTY, INDIANA DATED: JULY 26, 2002 INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT by and between the City of Carmel, Indiana, and Clay Township of Hamilton County, Indiana shall be effective as of January 1,2003. WITNESSETH: Declaration of Purpose WHEREAS, the elected representatives of the City of Carmel, Indiana ("City") and Clay Township of Hamilton County, Indiana ("Township") have decided to utilize Indiana's Interlocal Cooperation statute, I.C. 36-1-7-1 et seq. to continue the Cannel/Clay Department of Parks and Recreation and to provide park and recreational services to the residents of the City and Township; and WHEREAS, it has been determined 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 consisting of members representing the interests of the parties hereto; and WHEREAS, the parties hereto have reached an agreement concerning the reformation of a joint board, the use of facilities, funding 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 of Hamilton County, Indiana. 1.3 "Council" shall mean the Common Council of the City. 1.4 "Mayor" shall mean the duly elected and acting Mayor of the City. 1.5 "Department" shall mean the jointly created Carmel/Clay Department of Parks and Recreation established pursuant to the authority of I.C. 36-1-7 et seq. and under the authority of I.C. 36-10-3-3 in the case of the City and I.C. 36-10-7.5-5 in the case of the Township. 1.6 "District" shall mean the area within the jurisdiction of the respective parties and shall 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 "Trustee" shall mean the duly elected and acting Trustee for the Township. 1.8 "Township Board" shall mean the duly elected and acting members of the Township Board for the Township. 1.9 "Joint Facilities" shall mean land owned, leased br acquired for park and recreation purposes including, but not limited to, office and programming space for the Department and any improvements including, but not limited to, building, remodeling or repair of park and recreation facilities owned or leased by the City, the Township or the Joint Board. It shall also mean all tangible personal property and equipment owned or leased by the City, the Township or the Joint Board for park and recreation purposes. 1.10 "Joint Board" shall mean the entity established pursuant to Article II hereof. ARTICLE II. JOINT BOARD 2.1 There is hereby continued and reformed the Carmel/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 eleven (11) members appointed or selected as follows: a. The Mayor and the Trustee shall appoint a number of members based upon the City's and Township's proportionate share of funding of the budget of the Joint Board. b. Six (6)members of the Joint Board shall be appointed by the Mayor on the basis of their interest in and knowledge of parks and recreation and must be residents of the City. c. Four (4) members of the Joint Board shall be appointed by the Trustee on the basis of their interest in and knowledge of parks and recreation and must be residents of the Township. d. One (1) member of the Joint Board shall be appointed by the Board of Education for Cannel/Clay Schools and must be an elected member thereof. e. The membership of the Joint Board shall reflect the respective percentage of assessed valuation, and therefore, funding contribution of the City and the Township. So long as the respective percentages, appropriately rounded, reflect the initial 60%/40% split in assessed valuation, the Mayor and the Trustee will continue to have the number of appointments described in Sections 2. b. and c. of this Agreement. However, as the percentage of assessed valuation shifts, so shall the respective number of appointments to the Joint Board. For example, if the City's funding contribution reaches 65.1%, the Mayor shall appoint seven (7) members to the Joint Board and the Trustee shall appoint three (3) members to the Joint Board. In the event the City's funding contribution is reduced to 54.9% the Mayor's appointments to the Joint Board shall be reduced to five (5) and the Trustee's shall be increased to five (5). If at any time, the City or the Township reaches a level of funding contribution of 90%, then this Agreement may be 4 terminated by the party reaching that percentage for the next fiscal year in accordance with Section 9.2 hereof. The funding contributions shall be determined in conjunction with the budget process prior to each fiscal year and the appropriate Joint Board membership shall apply for the fiscal year being funded. f. No more than five (5) of the Mayor's appointments to the Joint Board may be from the same political party. In the event, as assessed valuation shifts, the number of the Mayor's appointments to the Joint Board increases, no less than two (2) of the Mayor's appointments to the Joint Board shall be from a political party other than that of the Mayor. In the event, as assessed valuation shifts, the number of the Mayor's appointments to the Joint Board decreases, no less than one (1) Of the Mayor's appointments to the Joint Board shall be from a political party other than that of the Mayor. g. An elected official of the City or the Township shall not be eligible to serve as a member of the Joint Board. 2.3 Each member of the Joint Board shall serve a term of four (4) years with the exception of certain appointments as set forth in c. below; a. All terms expire on the first Monday in January, however, a member of the Joint Board will continue to serve until his or her successor is appointed. A member of the Joint Board serves at the pleasure of the appointing authority. C. All members serving on the Carmel/Clay Board of Parks and Recreation on December 31, 2002 shall continue to serve for the remainder of the term for which they were appointed. 5 d. If a vacancy on the Joint Board occurs, the appropriate appointing authority shall appoint a person to serve for the remainder of the unexpired term. 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 meetings, agenda, operations of the Joint Board, 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 duly constituted meeting may take official action. The Joint Board shall establish a regular meeting date at least once each month. 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. All agendas and minutes of the Joint Board shall be provided to the Mayor, the Trustee and to members of the Council and Township Board as they become available to the members of the Joint Board. 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 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 park and recreation program in accordance with this Agreement. 6 3.3 The City and the Township hereby jointly re-establish the Carmel/Clay Department of Parks and Recreation which shall be governed and administered by the Joint Board in accordance with the terms of this Agreement. 3.4 So long as this Agreement is in full force and effect, the City and the Township shall administer their authority to create a parks department and administer parks and recreation programs exclusively through the Department as governed by the Joint Board; however, nothing contained herein shall prohibit the City or the Township from exercising independently the additional authority to acquire or condemn property or construct and maintain improvements for park and recreation purposes which are not inconsistent with the terms of this Agreement. ARTICLE IV. POWERS AND DUTIES OF THE JO1NT BOARD The Joint Board shall: exercise general supervision of and make rules for the employees of the 4.1 Department; b. C. establish rules governing the use of all Joint Facilities by the public; provide security and police protection for all Joint Facilities and Department activities, either by requesting assistance from state, municipal, or county police authorities, by entering into contracts with private parties, 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 and remove the director of the Department, with the unanimous approval of the Mayor and the Trustee, and fix the director's duties; e. establish standards and qualifications for the appointment of all Department personnel equal with those standards and qualifications established by the City for employees of the City; f. make recommendations and an annual report to the executive and fiscal body of the City and Township prior to April 1 of each year conceming the operations of the Joint Board and the Department and the status of park and recreation programs; g. prepare and submit an annual budget in the manner as provided for in Article VII of this Agreement; and h. appoint a member of the Joint Board to serve on any other board or commission whenever a statute allows a park or recreation board to do so. 4.2 The Joint Board may, in its own name: 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, school corporation, or a department of the City may contract with the Joint Board for the use of park and recreation facilities or services all on terms agreed to by the Joint Board and the other party; d. contract with a department of the City for the use of City personnel, services, facilities, equipment, or other services or materials, all of which will be billed to the Joint Board by the City at an hourly rate fixed by the City and agreed to in advance by the Joint Board; 8 e. acquire and dispose of real and personal property, and provide for Joint Facilities by the issuance of bonds in accordance with Article VIII hereof; f. purchase and maintain its own equipment; g. engage in self-supporting activities; h. contract for special and temporary services and for professional assistance; i. sue and be sued collectively by or in its legal name, as the "Cannel/Clay Board of Parks and Recreation", with service of process being had upon the president of the Joint Board, but costs may not be taxed individually against any member of the Joint Board in any action; accept gifts, donations, grants and subsidies for park and recreational purposes; k. delegate authority to perform ministerial acts in all cases except where final action of the Joint Board is necessary; 1. prepare, publish, and distribute reports and other materials relating to activities authorized by this Agreement or Indiana park and recreation law in general; m. exercise the power of eminent domain under statutes available to the City or the Township, with the written approval by resolution of both the City and the Township; n. sell, lease, 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 Joint Board; and 9 o. invoke any legal, equitable or special remedy for the enfomement of the powers vested with the City under I.C. 36-10-3 or vested with the Trustee under I.C. 36- 10-7.5 except as otherwise modified or limited by this Agreement; 4.3 Joint Board members shall receive a per diem allowance per meeting for attending a meeting of the Joint Board which is consistent with the per diem allowance of other joint boards of the City and the Township. ARTICLE V. SPECIAL TAX1NG DISTRICTS 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. 5.2 The Township 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 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 has requested, 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 has released and transferred such area in accordance with the authority granted the Trustee under I.C. 36-10-7.5- 7(13). Hereafter, and subject to the provisions of Section 5.5 below, 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 10 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 of the parties' next allocation of their proportionate shares of park funding under Article VI hereof. ARTICLE VI. PARK AND RECREATION FUND1NG 6.1 The Council and the Township Board shall determine and provide the revenues necessary for the operation of the Joint Board and the Department 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 funding obligations defined in Section 6.1 shall be based upon the City's and the Township's proportionate share of the aggregate assessed valuation for the entire Township for the following fiscal year. It is agreed that for fiscal year 2003 the financial support for the Joint Board shall be allocated as follows: City 60.22% Township 39.78% A reallocation of financial support shall be computed for every budget year in conjunction with the budget process for the fiscal year immediately thereafter based on the then current certification of the Hamilton County Auditor of assessed valuation of the City and the entire Township. The annual reallocation shall be computed by the Fiscal Officer of the City by May 1 of each year. The annual reallocation of financial support shall be submitted to and 11 approved by the Council and the Township Board, and shall become effective as of January 1 of the applicable fiscal year. 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, including all revenue produced or received by the Joint Board or Department for operations or capital expenditures. No disbursements from any park and recreation account shall be made except as to claims approved by the Joint 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 may 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 Upon the request of the Joint Board, the Council and the Township Board may establish a cumulative building fund to provide funds for the building, remodeling and repair of park and recreation facilities and the purchase of land for park and recreation facilities. Such fund shall be established in accordance with I.C. 36-10-3-21 in the case of the City and in accordance with I.C. 36-10-7.5-19 in the case of the Township. 6.6 Upon the request of the Joint Board, the Council and the Township Board may establish a non-reverting operating fund. 6.7 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 Council may, under I.C. 5-4-1-18, authorize a blanket bond to cover all officers' and employees' faithful performance of duties. 12 All bonds shall be in the 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 each year and submit the same to the Council and the Township Board on or before June 1 of each year. The budget shall be submitted on forms prescribed 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 submission to both the Council and the Township Board, then a conference committee shall be convened to resolve any budget disputes or differences. The Budget Conference Committee shall be comprised of the Mayor, the Trustee, the President of the Council, and the President of the Township Board. A report of the Budget Conference Committee 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. 7.3 The City and the Township shall pay their respective contributions within thirty (30) days of receiving their respective property tax draws from Hamilton County. If payment is 13 not received within such time, the amount payable shall bear interest until paid at a rate equal to one percent (1%) per annum over the rate of interest payable to the party on its sweep account with its primary depository for the same period of time. 7.4 Within sixty (60) days of the end of the fiscal year, the annual contributions of the parties shall be reconciled as to income and expenses for all operations of the Joint Board and Department. If revenue has not covered expenses, then the Township and the City will each pay its proportionate share of the outstanding balance after reconciliation. If the above calculation results in a surplus of revenue, then the Township and the City shall each be paid its proportionate share of the surplus. Payments due pursuant to this paragraph shall be made no later than March 15 following the reconciliation. In the event that a State Board of Accounts audit of the City of Carmel requires an adjustment of the above computations, the Township and the City will remit any amounts due as a result of the audit within thirty (30) days of receipt by the City of the audit report. ARTICLE VIII. JOINT FACILITIES; ISSUANCE OF BONDS 8.1 All real property or improvements intended for park and recreation use in the City and Township shall be deemed Joint Facilities under this Agreement irrespective of location or record title. As Joint Facilities, all taxpayers and residents of the City and Township shall have equal access to and benefit of said real property or improvements. 8.2 This section applies only to the acquisition of real property or an 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 recreational purposes, either by purchase or appropriation, and in conjunction with the acquisition to proceed with an improvement; (b) acquire real property without proceeding at the 14 time with an improvement; or (c) proceed with an 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 take final action determining the public utility and benefit of the proposed park or recreational 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 an 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, depending upon whether the land and/or improvements are located within the geographic boundaries of the City or the Township at the time the bonds are issued. 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 improvements are located within the boundaries of the City at the time of issuance, the bonds shall be issued in the manner prescribed by I.C. 36-10-3. Where the land and/or improvements are located outside the boundaries of the City at the time of issuance, 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 15 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 all necessary State tax authorities. 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 special 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. Subject to the passage of the approving ordinance and resolution provided for in Section 8.3 above, the Council and the Township Board shall have the tax levied annually for this purpose. 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 City and the tax shall be applied to the payment of the bonds as they mature. 8.8 The amount of the annual tax levy allocation for the payment of bonds issued under this Article shall be based upon the City's and the Township's proportionate share of the aggregate assessed valuation as determined under Section 6.2 of this Agreement. 8.9 It is specifically understood by the parties that this Agreement and the Joint Board may be terminated pursuant to this Agreement even though bonds issued under this Agreement may remain outstanding. However, if the Joint Board is discontinued under this Agreement, 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. 16 ARTICLE IX. DURATION AND TERMINATION OF AGREEMENT 9.1 This Agreement shall continue from year to year unless terminated pursuant to Section 9.2 or Section 2.2(e). 9.2 This Agreement may be terminated pursuant to an ordinance of the Council 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 1 of the year preceding the effective date of the termination. Such termination shall be effective as of January 1 of the year following the date of the termination ordinance or resolution as provided for in this Section. 9.3 Upon a termination of this Agreement, pursuant to Section 9.2, it is specifically understood and agreed that Joint Facilities within the boundaries of the City on the date the termination is effective shall remain the sole and exclusive property of the City, and the City on the date the termination is effective shall assume full legal and financial responsibility for the operation and maintenance of such Joint Facilities. Upon such termination it is specifically understood and agreed that Joint Facilities outside the boundaries of the City on the date the termination is effective 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 Joint Facilities. Upon passage and transmittal of a termination resolution or ordinance, a Termination Committee comprised of the Mayor, the Trustee, the President of the Council, the President of the Township Board and the Fiscal Officer of the City shall be convened for the purpose of equitably dividing the equipment, personal property and joint funds or other cash resources on account and other assets acquired pursuant to this Agreement, other than land and improvements. Such division shall be based upon the respective contributions of the City and 17 the Township to the acquisition of such assets, the respective contribution for the acquisition of real property and the final ownership of such property as determined in this Section, and such other factors as are deemed appropriate by the Termination Committee. Unless there is more than one (1) member of the Termination Committee dissenting from the final distribution determination of the Committee, such distribution determination shall be binding on the parties hereto. In the event the Termination Committee is unable to adopt a final distribution determination pursuant to this Section, any party to this Agreement may submit the question of appropriate distribution of such assets to the Superior Court of Hamilton County for a final determination which shall be binding on the parties hereto. Each party to the action shall be responsible for its own costs and legal fees. 9.4 Upon termination of this Agreement, the City shall be liable for and indemnify, defend and hold harmless the Township 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 hereto, arising out of or based upon the use or occupancy of Joint Facilities reverting to the City. 9.5 Upon termination of this 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 hereto, arising out of or based upon the use or occupancy of Joint Facilities reverting to the Township. 18 9.6 In the event this Agreement is terminated, 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 In the event this Agreement is terminated pursuant to Section 2.2e hereof, all employees of the Joint Board shall become employees of the party reaching' a 90% level of' funding and all property of the Joint Board shall become the property of and titled to the party reaching 90%. 9.8 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 appropriate funds for debt service, shall continue year-to- year until such indebtedness is discharged and paid in full, despite the termination of this Agreement. ARTICLE X. MISCELLANEOUS. 10.1 This Agreement is subject to any applicable laws which may apply to the parties 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. Any alteration, change or amendment of this Agreement requires the written approval of the fiscal body of the City, the fiscal body of the Township, the executive of the City, and the executive of the Township. 19 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 This Agreement is entered into pursuant to I.C. 36-1-7, et seq., as the same may be amended or supplemented from time to time. This Agreement, and any amendments or supplements thereto, shall be recorded in the office of the Hamilton County Recorder after approval by the City and the Township and shall be filed with the State Board of Accounts for audit purposes, all as required by I.C. 36-I-7, and shall not be deemed enforceable and binding until recorded with the County Recorder. 10.5 This Agreement may be executed in counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 10.6 Effective January 1, 2003, this Agreement shall supereede and replace the agreement between the City and the Township entitled "Park Joinder Under Interlocal Cooperation Act" dated July 24, 1991 (the "Original Joinder"). Notwithstanding such termination and replacement with this Agreement, the Joint Board established pursuant to this Agreement is a continuation and reformation of the Joint Board created in the Original Joinder, and all actions taken by the City, the Township and the Joint Board in furtherance of the purposes of the Original Agreement are hereby ratified and affirmed in every way. IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in counterparts in their respective names by the duly authorized signators. 20 Wayne Wilson, President Pro Tempore '~L~c_~fi'yder ,fly CITY OF CARMEL, INDIANA ~/J-ames Brainard, Mayor K i by J Diana L. Cordray, IAMC, Cle ~...ff errk~Trea~CLAY TOWNSHIP OF HAMILTON COUNTY, INDIANA By: ~/~'. ~e.~ _Ju~h/F. Hagan, Town.,s~ip Trustee Mary Eckard, Pre~der~ - C~I~S~ Miffs~ · Rosemary Hensel This instrument prepared by Sue A. Beesley, Esq., Bingham McHale LLP, 1100 Chamber of Commerce Building, 320 North Meridian Street, Indianapolis, Indiana 46204, (317)634- 7588. 283521 21 STATE OF INDIANA LOYER AN EQUAL OPPORTUNITY EMP STATE BOARD OF ACCOUNTS 302 WEST WASHINGTON STREET 4TH FLOOR, ROOM FA18 IlqDIA~APOLIS, IlqDIANA 46204-2765 Telephone: (317) 232-2513 F~ac (317) 232-4711 Web Sit~: www.stat~.ill.us/sboa Augu~ 2,2002 File: Hamilton - Civil Hamilton - Townships Ms. Sue A. Beesley Attorney at Law Bingham McHale, LLP Chamber of Commeme Building 320 N. Meridian Street, Suite 1100 Indianapolis, IN 46204-1781 Re: Interlocal Agreement Dear Ms. Beesley: This will acknowledge receipt of the interlocal agreement between the City of Carmel and Clay Township in Hamilton County. Pursuant to lC 36-1-7-6, a copy of the agreement has been filed in our office for audit purposes. Thank you for providing us a copy of the agreement. Very truly yours, vharles Johnson, III, CPA r --.~ State Examiner CWP:csc cc: Data File Interlocal Agreement File Stan Mettler, Office Supervisor