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HomeMy WebLinkAboutCC-05-06-02-01 WITHDRAWN/Park & Rec. Services/City/Clay Twnshp Sponsor: Council President Wilson RESOLUTION NO. 05-06-02-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARM INDIANA, FOR THE CONSIDERATION AND APPROVAL BY THE CO ON COUNCIL OF THE CITY OF CARNIEL, INDIANA, OF AN INTERL AL COOPERATION AGREEMENT BETWEEN THE CITY OF CARMEL D CLAY TOWNSHIP FOR THE PROVISION OF PARK AND RECREATION ERVICES TO THE RESIDENTS OF THE CITY OF CARMEL AND CLAY T WNSHlP WHEREAS, the City of Carmel, Indiana ("City") and Clafuw hip, Hamilton County, Indiana ("Township") have previously cooperated on the ~r';f1i-dn f park and recreational services for the residents of the City and the Township; and \U . . . . WHEREAS, termination of the current agreem nt gov ing this cooperation is being considered by the Common Council of the City of C e ("C ncil"); and WHEREAS, it is the desire of the Cou:c~~:J. onti e this CJ.l{>~ration by way of a new and renegotiated agreement which would gove& c 0 ration; a~d V . WHEREAS, the City and the To~ deri their l~aQthOrity for such cooperation from Indiana Code 36-1-7-1 et seq., oth ftt1\4: krio as ~e~~ocal Cooperation Statute; and WHEREAS, pursuant to ode 6-1-n ~ agreement made between Indiana political subdivisions must be ap~v b th fiscal ~ of each party; and WHEREAS, the part' s I v Ived ave concls about the length of time necessary to ",goti", , ",w ''''="'' ,~ po,' 0"" p~k "d ,,,,,,tio",1 ,~k", "d WHEREAS, the ~or is rging the Council to be proactive and begin the negotiation process by proposing e raft of n agreement, attached hereto as Exhibit A, for consideration by all of the me ber the ouncil and subsequent approval of the proposed draft, with necessaryamendmts hic an then be forwarded to the Township; NOW, THEREFQ ,BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1: I e attached draft of a proposed Interlocal Cooperation Agreement Between the City of Carm , Indiana And Clay Township Of Hamilton County, Indiana ("Draft") is hereby accepted or consideration and review by the Common Council. Sect' n 2: The Draft will be reviewed by all members of the Common Council and will be amend pursuant to the proper procedures of the Common Council. Section 3: Once this Resolution is finally adopted, the Draft attached at the time of final tion shall be forwarded to the Township for its consideration. Section 4: This Resolution shall be in full force and effect from the date of passage, and its publica~ion, as provided by law. PASSED by the Common Council of the City of Carmel, Indiana, this _ day of , 2002, by a vote of _ ayes and ~ nayes. COMMON COUNCIL OF THE CITY OF CARMEL Kevin Kirby Presiding Officer John R. Koven Wayne Wilson, President Pro Tempore Robert Battreall N.L. Rundle Luci Snyder Ronald E.Carter ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this _ day of ,2002, at _ _.M. Diana L. Cordray, IAMC, Clerk-Treasurer at Approved by me, Mayor of the City of Carmel, Indiana, this _ day of .M. ,2002, James Brainard, Mayor ATTEST: , Diana L. Cordray, IAMC, Clerk-Treasurer Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, IN 46204 .. 2 EXHIBIT A INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CAR1'1EL, INDIANA, AND CLAY TOWNSHIP OF HAMILTON COUNTY, INDIANA , .. INTERLOCAL COOPERATION AGREEMENT THIS AGREEMENT is made this _ day of , 2002, by and between the City of Carmel, Indiana, and Clay Township, Hamilton County, Indiana. WIT N E SSE T H: Declaration of Purpose WHEREAS, the elected representatives of the City of Carmel, Indiana ("City") and Clay Township, Hamilton County, Indiana ("Township") have decided to utilize Indiana's lnterlocal Cooperation statute, I.C. 36-1-7-1 et seq. to form the Carmel-Clay Department of Parks and Recreation to provide park and recreational services to the residents of the City and Township; and WHEREAS, the territory within the boundaries of the City comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes; and WHEREAS, the territory within the boundaries of Clay Township comprises a special taxing district for the purpose of levying special benefit taxes for park and recreational purposes; 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 ajoint board consisting of members representing the interests of the parties hereto; and , WHEREAS, the parties hereto have reached an agreement concerning the formation 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. \.2 "Township" shall mean Clay Township, 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 Department of Parks and Recreation under I.c. 36- 10-3-3 in the case of the City and the Department of Parks and Recreation under I.C. 36-10-7.5-2 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. 1.9 "Joint Facilities" shall mean land owned or acquired for park and recreation purposes and any improvements including, but not limited to, building, remodeling or repair of park and recreational facilities owned or leased by the City or Township. It shall also mean all tangible personal prop<;rty and equipment owned or leased by the City or Township for park and recreational purposes. 1.10 "Joint Board" shall mean the entity established pursuant to Article II hereof. 2 ARTICLE II. JOINT BOARD 2.1 There is hereby created and established 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 (II) 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. ~even (7) members of the initial Joint Board shall be appointed by the ~ Mayor and must be residents of the City. c. Four (4) members of the initial 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. 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 have the initial number of appointments described in 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 {:ity's funding contribution reaches 65.1 %, the Mayor shall appoint eight (8) 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 six (6) and the Trustee's shall be increased to five (5). If at any time, the City or the Township reaches a level of 3 funding contribution of 90%, then this Agreement may be terminated by the party reaching that percentage for the next fiscal year in accordance with Article IX hereof. The funding contributions shall be determined prior to each fiscal year and the appropriate Joint Board membership shall apply for the fiscal year being funded. e. No more than five (5) of the Mayor's initial 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 politidll 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 (I) of the Mayor's appointments to the Joint Board shall be from a political party other than that of the Mayor. Each member of the Joint Board shall serve a term ~ (2~ ~s_with the exception of certain initial appointments as set forth in c. below; 2.3 a. All terms expire on the first Monday in January, and a member of the Joint Board does not continue until his or her successor is appointed. b. A member of the Joint Board serves at the pleasure of the appointing authority. c. Four (4) of the Mayor's initial appointments shall serve a term of one (I) year and two (2~ of the Trustee's initial appointments shall serve a term of one (1) year in order to create staggered terms for the members of the Joint Board. ....~,_..^.-~ 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 4 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 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 LC. 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. ARTICLE IV. POWERS AND DUTIES OF THE JOINT BOARD 4.1 The Joint Board shall: a. exercise general supervision of and make rules for the employees of the Joint Board; b. establish rules governing the use of the park and recreational facilities by the public; c. provide police protection of its property and activities, either by requesting assistance from state, municipal, or county police authorities, or by having specified 5 employees deputized as police officers; the deputized employees, however, are not eligible for police pension benefits or other benefits particular to police officers; d. appoint the director of the department, with the approval of the Mayor, and fix the director's duties; e. establish standards and qualifications for the appointment of all 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 1st of each year concerning the operation of the Joint Board and the status of park and recreational 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 another 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 recreational programs and related services; c. contract with another board, a unit, including any other department of the City or the To,wnship, or a school corporation for the use of park and recreational facilities or services, and a township or school corporation may contract with the Joint Board for the use of park and recreational facilities or services; ; 6 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; 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 "Carmel-Clay Park and Recreation Board", with service of process being had upon the President of the Board; J. 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; and L prepare, publish, and distribute reports and other materials relating to activities authorized by this Agreement or Indiana park and recreation law in general. ARTICLE V. SPECIAL TAXING DISTRICTS 5.1 It is the intent of this Agreement that taxpayers of the City and Township share equitably in the paymeQ.t 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. .. 7 . 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 shall immediately request, 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 shall, by resolution, release and transfer such area in accordance with the authority granted the Trustee under LC. 36-10-7-5-7(13). Thereafter, 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 this Agreement. As the City may acquire 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 the parties next allocate their proportionate shares of park funding under Article VI hereo f. ARTICLE VI. PARK AND RECREATION FUNDING 6.1 The Council and the Township Board shall determine and provide the revenues necessary for the operation of the Joint Board or for capital expenditures not covered by the issuance of bonds by: a. a specif\c levy to be used exclusively for park and recreational purposes; b. a special appropriation; or c. both. 8 6.2 The funding obligations defined in Section 6.1 shall be based upon the City's proportionate share of the aggregate assessed valuation for the entire Township. It is agreed that for 2003 the financial support for the Joint Board shall be allocated as follows: City Township . A reallocation of financial support shall be computed for every budget year thereafter based on the then certification of the Hamilton County Auditor of assessed valuation of the City and the entire Township and shall be reviewed and approved by the Council and the Township Board. ~ The Clerk. Treasurer, as the disbursing officer of the City, is hereby delegated the authU receive, disburse, and account for all revenues raised under this Agreement. . No disbursement 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 LC. 36-10-3-20 in the case of the City and in accordance with Le. 36-10-7.5-18 in the case of the Township. 6.5 . The Joint Board may request the City to establish a cumulative building fund in accordance with all of the terms and provisions ofLe. 36-10-3-21. The Joint Board may request the Township Board t~ establish a cumulative building fund in accordance with LC. 36-10-7.5- 19. 6.6 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 Township Board may, under Le. 5-4- 9 1-18, authorize a blanket bond to cover all officers' and employees' faithful performance of duties. 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 I" 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. , All revenue produced by the Joint Board for operations or received by the Joint Board for capital expenditures shall offset the contributions to be made by the City and the Township. 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 expenditures. 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 its submission to both the Council and the Township Board, then il 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, the President of the Township Board and the President of the Joint 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 10 manner as prescribed by law. Unless there is more than one (I) member of the Budget Conference Committee dissenting from a majority report recommending a parks and recreation budget, the Budget Conference Committee budget shall be approved by the Council and the Township Board. 7.3 In the event either the City and/or the Township does not approve a budget as proposed by the Joint Board or the Budget Conference Committee, the Joint Board may either reduce the estimated budget attributable to that unit or treat the reduction as a repudiation and termination of this Agreement in accordance with Article IX hereof. 7.4 The City and the Township shall pay their respective contributions within 30 days of receiving their respective property tax draws from Hamilton County. If payment is not received within that time, this Agreement shall be deemed terminated in accordance with Article IX hereof. No reconciliation is required once payment is made. ARTICLE VIII. JOINT FACILITIES: ISSUANCE OF BONDS 8.1 All real property or improvements intended for park and recreational 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 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 r.c. 36-10- II 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 where the land and/or improvements are located. 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 ofthe Township Board approving the bond issue. 8.4 Where the land and/or improvements are located within the boundaries of the City, 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 ihe City, the bonds shall be issued in the manner prescribed by I.C. 36-10-7.5. 8.5 To raise money to pay all bonds issued under this Agreement, the Joint Board shall request that the Council aJ1d 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. The Council and the Township Board may have the tax levied for this purpose. 12 8.6 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. 8.7 The amount of the tax levy allocation for the payment of bonds issued hereunder shall be based upon the City's proportionate share of the aggregate assessed valuation as determined under Section 6.2 of this Agreement. 8.9 If the Joint Board is discontinued under the terms of Article IX hereof, 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. ARTICLE IX. DURATION AND TERMINATION OF AGREEMENT 9.1 Except as provided in Section 2.2 and Section 7.3, this Agreement shall terminate on December 31 of each year, unless, prior to June I of each year the Council and the Township Board each adopt a resolution affirmatively expressing their desire to extend this Agreement for the next fiscal year. 9.2 This Agreement may be terminated pursuant to an ordinance of the Councilor 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 J oint Board and the non-terminating party on or prior to June I Sl of any year preceding the effective date of the termination. For purposes hereof, such termination shall be effective for the ensuing budget year following the date of said ordinance or resolution as provided for in this Section. 9.3 Upon a termination of this Agreement, it is specifically understood and agreed that Joint Facilities within the boundaries of the City shall remain the sole and exclusive property 13 of the City, and the City shall assume full legal and financial responsibility for operations and maintenance of such Joint Facilities. . Upon such termination it is specifically understood and agreed that Joint Facilities 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 operations and maintenance of such Joint Facilities. 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 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 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 of said City, 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. 9.6 In the event this Agreement is terminated in accordance with Section 9.2 hereof and not any other Section, the Trustee shall reassume jurisdiction for park and recreational purposes which was previously released and transferred to the City pursuant to l.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 2.2d hereof, all employees of the Joint Board shall become employees of the party reaching a 90% level of 14 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. 9.9 Upon termination of this Agreement, all cash resources, accounts and movable tangible personal property shall be distributed to the City and Township based on the allocation of financial support for each party under Section 6.2 hereof. ARTICLE X. MISCELLANEOUS. 10.1 It is specifically understood and agreed that 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 This Agreement may be altered, changed or amended by written agreement executed by the Mayor and the Trustee and approved by the fiscal body of the City and the fiscal body of the Township, or it may be altered, changed or amended in writing executed by the Mayor, and approved by the fiscal body of the City and the fiscal body of the Township or it may be altered, changed or amended in writing executed by the Trustee and approved by the fiscal body of the City and the fiscal body of the Township, 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 thereof. Any alteration, change or amendment requires the written approval of both the fiscal body of the City and the fiscal body' of the Township. 15 10.3 In the event any provlSlon 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 The effective date of this Agreement and any amendment thereto, as applicable, shall be the last date of signage by the parties hereto and the adoption of a ratification ordinance in the case of the City and a ratification resolution in the case of the Township as required by I.C. 36-l~7-4. 10.5 This Agreement is signed pursuant to I.C. 36-1-7, et seq. as the same may be amended or supplemented from time to time. 10.6 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. IT WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in counterparts in their respective names by the duly authorized signators. CITY OF CAR.M:EL, INDIANA By: Mayor COMMON COUNCIL OF THE CITY OF CARMEL Wayne Wilson, President Pro Tempore John R. Koven Robert Battreall N.r.. Rundle Ronald E. Carter Luci Snyder Kevin Kirby 16 ATTEST: Diana 1. Cordray, lAMC, Clerk-Treasurer ATTEST: Towns.hip Clerk 278754 Date: CLAY TOWNSHIP, HAMILTON COUNTY, INDIANA By: Township Trustee Township Board Member Township Board Member Township Board Member Date: ; 17