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Home My WebLink AboutD-1708-04 As Amended Safety Training FacilityORDINANCE NO. D-1708-04 AS AMENDED Sponsor: Councilor Mayo 200400052584 Filed fm' Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 07-28-2004 At 02:18 ORDINANCE 15.00 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 governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the Common Council to approve such "interlocal agreements;" and WHEREAS, the "interlocal agreement" by and between the Cities of Carmel and Noblesville, Indiana, and the Towns of Westfield and Fishers, Indiana, pertaining to a study designed to determine the feasibility of constructing a public safety training facility, a copy of which is attached hereto and incorporated herein as Exhibit A (the "Interlocal Agreement"), is in the best interests of the City of Carmel and its residents; and WHEREAS, it is necessary and proper to create a separate City fund for the receipt and disbursement of monies pursuant to the terms of the Interlocal Agreement and applicable law. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. 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 Indiana Code 36-1-7-6. Section 4. There is hereby created a "PSTC Feasibility Study Fund" to be administrated by the Clerk-Treasurer and which shall be used for the receipt and disbursement of monies received pursuant to the terms of the Interlocal Agreement and for the purpose of obtaining a study regarding the feasibility of financing, constructing, maintaining, marketing and managing a Public Safety Training Facility within Hamilton County. Section 5. This Ordinance 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 q'r ~tay of~J~.~ · 2004, by a vote of ~ ayes and (~) nays. Page One of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney Sponsor: CouncRorMayo COMMON COUNCIL FOR THE CITY OF CARMEL (pfl~idi.~..g~fficer .,~, 7 ' (~c~--~'~i ~/~3/'~ ~7~ ore R~'~ld E..~ ,~dent Pro Temp /~sep~C'/Gfiffiths // - Diana L. Cordra~, IAMC,~ler~-Treasurer ,,~ _P/)resented by._.~e~.to_ the Mayor of the City of Carmel, Indiana, at /c~'~4~ o 'clocV. m. on th~ayof ~ . ,2004. Diana 1~ Cordray, IAI~[C, ~asurer pproved ~/.alle, Mayor of the City of Carmel, Indiana, at/~-J'~C'o'clock~,, m. this_ ay of ~ ,2004. Jf~es Brainard, Mayor Kevin Kirby Mark Richar~ L. Sh Diana L. Cordray, Treasurer Ordinance No. D-1708-04 ~' Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney INTERLOCAL AGREEMENT FOR THE CONDUCT OF A FEASIBILITY STUDY REGARDING A PUBLIC SAFETY TRAINING FACILITY This Agreement is hereby made and entered into by and between the Town of Fishers, Indiana, ("Fishers"), the Town of Westfield, Indiana ("Westfield"), the City of Noblesville, Indiana ("Noblesville") and the City of Carmel, Indiana ("Carmel"), such municipalities also collectively referred to herein as "the Parties," and individually as "a Party." WITNESSETH THAT: WHEREAS, the construction of a public safety training facility is in the best interest of the public and of the citizens and guests of each Party hereto; and WHEREAS, while there have been strong volunteer efforts to bring such a facility project to fi-uifion, these efforts have been unsuccessful to date; and WHEREAS, in order for progress to resume on the construction of such a facility, the fiscal resources of each Party hereto need to be committed to same; and WHEREAS, a prudent and fiscally sound step in the possible funding of this facility is to determine the overall feasibility and marketability of such a facihty prior to determining if the Parties hereto wish to commit their respective resources to the construction of same; and WHEREAS, the Parties are desirous of entering into an Agreement for the purpose of obtaining a study regarding the feasibility of financing, constructing, maintain/ng, marketing and managing a Public Safety Training Facility within Ham/lton County (the "Study"); and WHEREAS, the Parties wish to cooperate in obtaining this Study and to share in the cost of same; and WHEREAS, Indiana Code 3 6-1-7 permits interloc al agreements between governmental entities. NOW, THEREFORE, the Parties mutually agree as follows: 1. Carmel shall be the lead agency on the design, direction and obtaining of the Study, and shall keep the other Parties informed concerning the status of same. 2. The estimated cost and description of the Study are set forth in Exhibit A, which is attached hereto and made a part hereof by this reference. 3. The Parties agree to each timely pay their proper share of the cost of the Study, which share shall be that percentage of the total Study cost during a calendar year as represents each Party's respective assessed property valuation when expressed as a percentage of the Parties' combined assessed property valuation for the previous calendar year. 4. Carmel shall maintain records of the costs incurred in obtaining the Study and shall provide the other Parties with periodic reports of same. The Carmel Clerk-Treasurer shall receive, disburse and account for all monies involved in this joint undertaking. 5. This Agreement may be terminated as regards any Party hereto upon ninety (90) days prior written notice to the other Parties. However, in the event this Agreement is terminate~d within two (2) years of its effective date, and so long as the non-terminating Parties hereto have fulfilled their payment obligations under paragraph 3 hereinabove, the terminating Party agrees to refund to the non- terminating Parties, in the same pro-rata proportion as sa/d Parties contributed to the Agreement during the calendar year immediately preceding said termination and, within sixty (60) days of the Agreement termination date, a total of twenty percent (20%) of the cost of the Study for each year or portion thereof in which the Agreement is terminated prior to the expiration of such two (2) year period, except that, in no event, shall any Party hereto be refunded any amount in excess of the total amount of Study payments made by such Party pursuant to t.his Agreement. 6. The Parties represent that they have the authority to enter into this Agreement and agree to seek such approvals and appropriations from their respective fiscal bodies as are necessary to timely fund each Party's portion of the Study. 7. Any disputes arising from this Agreement shall be resolved by the chief executives of each Party hereto, or their respective designees. If said persons are not able to resolve the dispute, the Parties shall submit the dispute to mediation or other mutually agreed upon alternate dispute resolution service. 8. This Agreement sets for the entire agreement between the Parties as regards the Study. 9. This Agreement is the result of negotiations between the Parties, and no Party shall be deemed to be the drafter of same. The language of all parts of this Agreement shall be construed as a whole, according to its fair meaning, and not strictly for or against any Party. 10. This Agreement shall become effective on and after the date on which it is last signed by a Party hereto. IN WITNESS WHEREOF, the parties to this Agreement have approved this Agreement on the dates set out below. TOWN OF FISHERS, INDIANA CITY OF NOBLESVILLE, INDIANA Authorized Signature Printed Name and Title Date: ATTEST: Printed Name and Title Date: Authorized Signature Printed Name and Title Date: ATTEST: Printed Name and Title Date: CITY OF CARMEL, 12qDIANA, By and Through Its ~9~d of eu/~orks and S. afe7 '$ffs~Ta~nar/d. Pq~resS~O~fficet'~~-~/'/. . . ///;l~s~ rd, ]~ g Lori ~. Watsml'~Vlember Date:'-~..~' ,0/lq ~iana Cor&ay, mC~C)~k-Tre~urer Date: ~ TOWN OF wEsTFIELD, 1NDIANA,~ /X' u 't gri ed Signature Printed Name and Title. Date: / ATTEST: Printed N~ne and Title Date: (.), ~'ff.g /c/t) ~N ~!'l NI~S ~HEREOF, ~ partm~ ~o ~-hi~ A~r~n~! has~ appmvu~j ~ A~cmcm on ~e da~ ~ ~t b¢~o~.~ I'OWN ( ~(DIANA Lll~t OF NOBL.aSViLLE, Prm~d Name and Til]~ P~ntexl Name ~md Ttk Data A~EST; Date: cFrY OF C ARI¥~L, ~lrDkauNA, By and Ilu'ough ~ls Boated of Pubtic Wodr~ :md Sm*ely 01~¥~4 OF WESTFIELD, [NDIANA Ja~ms Br~ma~'x/, Pr~l&~g Officer Date: Ma~y Ann l'~urk~, l,~ri S. W~, Mcmb~ Date: l~a Cordray, LMCA, Clerk-Treasurer Date: Al'rEST: Prit~ed N~ ~r~l Title IN WITNESS WHEREOF, the parties to this Agreement have approved this Agreement on the dates set out below. TOWN OF FISHERS, INDIANA Authorized Signature Printed Name and Title Date: ATTEST: Printed Name and Title Date: CITY OF I;~OBLESVILLE, I/q'DIANA _ Auth_o~' e[ Signature Printed Name and Title Date: ATTEST: Printed Name and Titlo Date: '?- r.~- to ~ CITY OF CARMEL, INDIANA, By and Through Its Board of Public Works and Safety TOWN OF WESTFIELD, INDIANA James Brainard, Presiding Officer Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Diana Cordray, IMCA, Clerk-Treasurer Date: Authorized Signature Printed Name and Title Date: ATTEST: Printed Name and Title Date: