HomeMy WebLinkAbout4 Way Flasher/126th-Gray RdAGREEMENT
THIS AGREEMENT,.made and entered into this 19 day of August- , 1974,
by and between the Board of .Tr~stee~ ~f' the Town of, Carmel'.i~ Hamilton County, State
of Indiana, and the Board of Co~..~'ssioners of said County and State,
W ITNESSETH:
I~EREAS~ there is now 'an intersention, of two p~blic streets, a part o~ all of
which streets and intersection are now, ,or will b~e in the foreseeable future, within-the
corporate.limits of the To,~ of-Carmel and a part of which is now in the Hamilton County
Highway System, which streets are identified aS 126th Street and North and South Gray
Road,
WHEREAS% constantly increasing.traffi~ using said streets suggests the need
for be~ter control on the movement of traffic' at said intersection with improved.safety
resulting therefrom, and,
WHEREAS, the parties hereto have determined that 'an electrically controlled
4 Way Red Flasher'Signal, calling~ for "STOP" of all vehicular traffic at said inter-
section would be'.ben&ficial' and, a measure of~afety, for those_using, the publiq streets
and highways at said intersection,
N~{ THEREFORE, It is agreed as follows that:
1. The Board of Co~.ntssionerslof H~m~lton County will cause such a signal to
be installed ~t said intersection of a make and kind acceptaSle.to the parties hereto
from pro~y balonging to said County.
2. No part of the cost of.operation Of said signa% or the continued'maintenance
thereof, i9 to be charged to or be borne.by Hamilton County.
3, That said flasher signal ~fter installation will become the property of
and is to be maintained by the Town of Carmel. .. .
4. That the' town o~ Carmel agrees to indemify an~ hold Hamilton County harmless
against claims for any loss or injury allegedly resulting from the installation and
maintenance of sai~ traffic light, .
.. ~N WITNESS WHEREOF, the Bbard of Trustees of the Town of Caramel and ~the'
M-milton County Board of Commissioners. have hereunto affixed thei~ ~ignatures .attested
to by the Town Clerk o2 Carmel and the N-milton County'~Auditor, respectively.
THE TOWN OF ,CARl/EL-BOARD OF TRUSTEES
BOARD OF COMMISSIONERS OF HAMILTO}] COUNTY
ATTEST:
''~N~COUNTY .AUDITOR
APPLICATION FOR PERMIT' TO
OBSTRUCT COUN%Y HIGHWAYS (TEMPORARILY)
NAME OF APPLICANT - Town of Carmel, Indiana
'ADDRESS - 13~ First Avenue S.W.
CI~Cf - Ca~mel STATE - Indiana ZIP CODE - 46032 .
APPLICANT IS: Municipal Corporation (Town)
PLACE OF BUSINESS: 130 First Avenue S.W., Carmel, Indiana 46032
~e above named applicant hereby, requests permission of the Board of Com-
missioners of the County of Hamilton, State of Indiana, to obstruct, temporari'l
and excavate on the right-of-way the following designated county highway or
highways:
1. ~ast 106th Street between River Avenue and Blue Woods Creek east of
Haverstick Road on North Half of right-of-way and across road at Blue Woods
Creek;
2. Gray Road between 106th Street along and in the East Half of the
right-of-way'for approximately 2,600 feet, then across Gray Road and along and
in the West side of the right-of-way to l16~h Street;
3. ll6th Street, along and in the South Half of right-of-way for approxi-
mately 1,050 feet to a point due South of Brookshire Lift Station;
on the following date or dates: March 1, 1974, to September 1, 1974, for the
purpose of: laying, maintaining and operating sewage transmission lines. Such
will necessitate excavation, digging, etc. on and in the actual road surface foz
which the applicant will cause to be reconstructed or re~aired at applicant's
expense.
~he undersigned applicant hereby promises and agrees in consideration of
the grant of this requested pezwait, to post surety bond, payable to Hamilton
County, in the penal sum to be designated by the Board of Commissioners in its
ermit, which bond will be conditioned upon complete restoration of affected
highway-or highways to their original condition and to indemnify and hold
Hamilton County harmless from any and all loss or damage caused by applicant, it
agents or employees, during the time said highway or highways are obstructed or
as the result thereof.
BOARD OF TRUSTEES, TOWN OF CARMEL,
Fred T. Swift, {~reside~t
!, PEARCE ~ BAR~
PERMIT
Permzssion is hereby granted/rejected the above named applicant to obstruct
the designated highway(s) temporarily on the dates indicated for the purposes
set out, subject to ~pplicant posting surety bond in the penal sum fixed below.
(All pursuant to Burns Ind. Statutes 36-717-720-Acts.1947, Ch. 120, Sec. 3 and
5, P. 473, incorporated herein by reference)
Amount of Bond
$,
APPROVED BY THE BOARD OF
COMMISSIONERS OF I~ILTON COUNTY
ATTEST:
G. Melvin Featherston, Secretary
DATE:
APPROVED BY COUNTY HIG~4AY SUPERVISOR
FOR BOARD OF COMMISSIONERS
By:
]tAMILTON COUNTY HIGHWAY SUPERVISOR
DATE:
,~ITI-I, PEARCE R BAR[
CONTRACT
Comes now the Board of Trustees of the Town of Carmel, Indiana,
hereafter referred to as "First Paz-~" and the Hamilton County
Commissioners, hereafter referred to as "Second Party", and
WHEREAS, the area between Keystone Avanue and Haverstick Road
north of the center line of 106th Street has been annexed to the
Town of Carmel, Indiana, and
WHEREAS, it is in the best interest of both Parties hereto for
First Party to control traffic on said Road and to maintain said
Road and that therefore Second Party should release to First Party
for said First Party's maintenance of said Road, and
WHEREAS, said Road referred to herein is in need of repair the
Parties now hereby agree to the following, terms, conditions and
1. That Second Party will contribute towards the cost of re-
~air of 106th Street between Keystone Avenue aud Haverstick Road,
a sum of money equal to Forty-five percent (45%) of such repair
cost.
2. That First Party will pay Fifty-five percent (55%) of the
construction cost and. Firs~ party in addition thereto will pay for
all engineering.
3. That First Party will extend their annexation to include,
by way of proper Ordinance, all that area to the existing South
right-of-way line of said 106th Street between Keystone Avenue and
Haversttck Road after acceptance of this Agreement by Second Party
and First Party will assume all control and responsibility for the
maintenance of said 106th Street from Keystone Avenue and Haverstick
Road.
4. That the Parties agree that in the event a remonstrance is
sustained to such annexation ordinance or in the event any litiga-
tion whatsoever bars first party from enforcing said annexation
dITH, PBARCE e~ BAg
ordinance, this Agreemer~ in such event, will be null and void.
~5. That First Party will let bids for reconstruction project
as set out herein and if legally possible and practical said
Contract for said reconstruction project will be awarded prior to
December 31, 1973.
6. That Second Party will pay all funds due by them hereunder
to First Party prior to the acceptance of any bid for said re-
construction project by First Party.
7. That this Agreement is binding on the assignees and succes-
sors in office of both Second Party and First Party.
HAMILTON COUNTY COMMISSIONERS
Fred Swift. Pre, dent
(See copy of letter Board of Commissioners written by
Board of Trustees, June 19, 1973 recorded Book 37 Pa,'~:
STATE OF,INDIANA t ~'~
COUNTY 0F HAMILTON
Fred ~lft, being duly sworn won ns oath says that he is
Presidant of the ~ard of ~ustees of the Town of Carmel, ~diana,
referred ~to hereinabove as First Party and t~t the m~uutes of said
First Party include authority for the said Fred ~ift to sign and
execute tls Contract for and on behalf of the Board of Trustees of
the Town of ~rmel. ~diana. ~ ~ .
- Fred ~ ~ '
~bscribed and sworn to before me, ClarE-Treasurer ~,:i Town of
Carmel. ~diana. this ~ da~~~-~ , 1~73.
Cler~-'~rea~er. ~
CASTOR, RICHARDS, ADAMS & BOJE
1312 MAPLE AVENUE, P.O. BOX 24~
NOBLESVILI~, INDI.4~IA ~6060
9 March, 1978
City of Carmel
Clerk-Treasurer
40 East Main Street
Carmel, In 46032
Dear Sir:
Enclosed please find an Ordinance adopted by
Hamilton County Board of Commissioners on the 6th
February, 1978.
the
day of
If you have any questions concerning this Ordinance,
please feel free to call.
Very truly yours,
/jav
elIc
CASTOR, RICHARDS, ADAMS & BOJE
M?~i~.n,A. ~Rich'ards ~
Hamilton County Attorney
ORDINANCE
The Hamilton County Board
of placing into effect an Ordinance
to certain annexed areas,
of Commissioners :is ,desirous
pertaining
BE. IT ORDAINED, that
to roads ~djacent
'WHEREAS, 'considering the growth of the .County 'of Hamilton
and its various towns and cities, and
',. WHEREAS, th'e various legislative and executive b0di%s of
County municipalities ind' County government are desirous' of
effecting a.polic~ and program wherein
certain responsibilities pertaining t'o
certain annexed 'areas.
' ~ NOW THEREFORE the Hamilton County
a smooth exchange, , .~
roads adjacent to the'.
Commissioners hereby u~ofi
· effect an ordinance annexing the adjacent areas includi, ng t~he :
County road and County right-of-way; ,-
D) '~hat there have been measures taken that are ~
motion made and unanimousl~ approved hereby ordain as follows:.¥
1) That upon th~ Board of Commissi'oners of Hamilton County!~.
determining that certain developing areas are ~djacent to ithe' ~
A) That the cities ~r towns enact An ordinance of
annexation, containing legally described areas, to'the ,fat"side
o~ the county's'right-of-way on the county's roads; no city',~;Own,-·
· ' c~t onto the county',road'and'
contractor o~ developer may have a
development' and.utilize any of the county's easement
development permit being granted by the Board of Commissioners~of~'
B) That for a development permit to be granted, there..
must be an applzgat~on made by the ~ntere.sted par y or. g°vern-':~
C) That the town or city adjacent hereto mus% have 'i~
satisfactory to 'the County which nrovided that the said righ't-Of-
Way and road surface Will be ~provided for in an adeguate manner;
"i"".T- ~ ~nat at the time +k- . .- . · ".? ',
'~. :. . L.~ permit is~ ISsued b~ the C
,'~n~e:lnterest~ _ . , . ' , qunt-¥,' '
~f..:.<:-~ ~ ~ pa,~ty.and/or its agents', ificludin- ~d '-J-:-" " '
~7:.{~-_~ · ~ ,,~. ~2m~ted.. to the same~ s~allsn ,~':" ~' '
and ada ..... · · ~.. ..;7.r:?:P.r~...'the's~id
~S,~ifications7 ~22z~f~ase to the sa~.
· "7 . er the County shali appl /'n "'
· oVerlay by skate ..... . t '. , - Y.~ asphalt.'
..... ~,,~ ~ne cost w~th the ~nterested Payty.and all
.-the'work affected°n the road surface shall be upon County supervisfon;
and agencies Will co~)erate '~it~'~h~'
. ,- ~'in securin~...:..compliance with the above; ~.'; '-
' ~'~ F) That, thereafter when all
~ County specificatio~s..are
met and the said road is completed the d~velopment permite}~a
'.'be rssued by the Board of Commissioners of Hamilton Count~;
'-, G)' That after the road i~ brought to the Count~!s
standards, the road shall thereafter become under the superol's5
,'and maintenance of annexing city or town.
BE IT FURTHER ORDAINED that any person found in. ' ' '
v~olat~o~2~.,
Of s said Ordinance in that they fail to secure a'deveio
and-have-used-or~made~use of-County-reads
ma~be prosecuted for violation of this .County Ordinance and/u~6fi-
· 'a, finding against ~hem, there shall be fined and assessed damag6p
up'. . . thousand ($10,000.00) Dollars on the first violation .~:
and Twenty-five thousand ($25,000.00) Dollars on the second,'
violation and all subsequent violations and assessed reasonable-'
attorney fees for prosecution of the same, and Ii Is Further
Oydained that any and all city, town or deverloper or contractor,'
in violation of this Ordinance at this time, shall be gi~en, ppe,['iJ-.
., , m~tred twenty (12~)'days from this date to comply with -. .-.,
'i<._.'.. . .~J...', So Ordered this y of , 1978.
BOARD OF CO.4MISSIONEI~S. OF HAb'II'LTON' 'COUNTY
., '.~:f.¥z'/L'? ""
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