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HomeMy WebLinkAboutCC-12-01-08-02 TOF/Monon Center OperationsSPONSORS: Councilors Snyder, Sharp, Seidensticker & Rider RESOLUTIONNO. CC-12-01-0$-02 WHEREAS, the ,City- of Carmel, Indiana ("City") and Clay Township of Hamiltari County, Indiana ("Township") entered into 'a certain_Interlocal Cooperation Agreement ("Interlocal Agreement"); dated July 26, 2002, to provide.jointpark. and:recreaiional services to the City and the Township; and WHEREAS, the'Interlocal-Agreement, as,the sameilias.been -subsequently amended from time to -time; remains in full force and,effectras of'the, date of this Resolution;°and WHEREAS, pursuant to the terms of the fnierlocal Agreement, a Carmel/Clay Parks and Recreation Board ("Parks Board") was created to, administer the park and recreational services provided to the City and the Town_ ship., which Parks Board remains dulyformed -and operating as-of the date of this Resolution-; and. WHEREAS, on December 16, 2602, the City, pursuant-to the request of the Parks Board; duly established both anon-reverting parks and, recreation operating fund, (the "Parks Operating Fund") and a non-reverting parks and,reemation' capital fund (the "Parks Capital Fund?'); and WHEREAS, in,2007, the M6non Center was opened;in Central Park, and provides•a state-of-the- art water park, fitness center and gathering, place for all. City and Township residents and guests (the "Monon ,Center'-');; and WHEREAS,,although the Motion Center has generated.approximately,eighty=five pereent-(85%0) of its'2008 operatrng,,expenses through program fees'„ it has, been determined by the Parks Board that a shortfall of up to Six Hundred Fifty Thousand Dollars ($65.0,000.00) exists.in tile Parks Operating fund for the operation of the Monon Center through'Deceint e T 31, 2008' and WHEREAS, such shortfallsare common and`to be.expected,dadng the.starf=up and imtiai;growth of any premier'facility-as large and multi-faceted as the Monon.Center and WHEREAS, the Common Council, believes that the Monon Center is a great asset- to the community and does not wish to see its operations curtailed as a.result,of this current operating shortfall; and Page One of rour,Pa$es This Resolution was prepared byDcuglas C..Haney, City„Attomey. ?EIE°-'V.fyamuomiMrnilminus-CCLl2uPNwARK mie?tuJ nllro?rlAirz, M31 Ii i`WLh IIIrvM?B it; 13 AM] S'RQNSOR5' Councilois Snydey,Sharp; Seidensticker & Rider WHEREAS, ttiere:currendy exists in the-Parks Capital Fund, available monies in excess of Six Hundred Fifty-Thousand Dollars ($650,000.60)-which could be used for the operation of the Monon Centerfor.the remainder of 2008,.as permitted bylaw; and WHEREAS, the Common Council mow desires to appropriate and transfer Six'Hundred Fifty Thousand Dollars ($050;00000) from the.Paiks.Capital .Fund to. the. Parks Operating Fund, for use only for Monon Center operating expenses for'the:remainder of 2008 (the "Transferred I,unds"); and WHEREAS, the. Common Council directs the Parks Board,, as°a: condition of.-this- transfrT of funds, to fully account forthe expenditure of-all such Transferred Fundssand to promptly return any of the Transferred Funds not,expended on or before December 31;,2008, to the Carmel Clerk-Treasurer;: who shall then promptlyreport in writing her accounting.,and analysis of;.same to the Mayor and the Common Council, and then promptly re-depositall,such returned monies into the Parks Capital Fund, and WHEREAS, the Common Council directs :the ,'Parks Board, as- a mandatory condition of this transfer of finds, to ;provide a detailed written report of the Monon Center's operations, financial plan and current fiscal status to the Mayor, the Common Council and the Township Board on.not less than a quarterly basis, and-,to smcet with the City and the ToWfiship'as necessary to. discuss the Monon Center's operations, financial plan and fiscal status; so as to minimize themeed-to,repeat.this transfer of monies to the Parks. Operating-Fund, from the Parks Capital Fund in 2009 and;beyond'.. NOW, THEREFORE, BE IT RESOL'V'ED by the Common Council of 'the City of Carmel, Indiana, as follows: Section 1.. The foregoing•Recitals are hilly incorporated herein by this reference. Section 2. The Common Council.hcrebyresolves an&agrecs to thc;immediate appropriation and trattsfer.of Six Hundred Fifty Thousand, Bollars]($650;OQ0 00) from the Parks Capital Fund fo the.Parks Operating Fund; such monies to be used exclusively for expenses incurred in the operation and maintenance of the Monon•Center from the date of this Resolution to and including December 31, 2008. Section 3. The Common, Council directs the Carmel Clerk-'Treasurer ("Clerk-Treasurer") to take all steps: necessary to transfer:such,monies from the'Park!?Capital'Fund to the Parks Operating,Fuad in accordance with applicable law, such transfer to be made by the Clerk-Treasurer as soon as reasonably possible after a.subsiantially similar Resolution is properly approved by the Clay Township Board. and proof of same is provided to same. Resolution No. CC-12-01-08-02 Page Two'of Four Pages This Resolution was prepared.by Douglas C. Haney, City Attorney: [LL Bud yU- ixAF. Ol Li me{M.2INFA0. wiaf Al4nry.1 OCH 11-1W13 il 'll/IARWB'IIa?hMf SPONSORS: Councilors Snyder, Sharp, Seidensticker R Rider Section 4. The Common Council hereby acknowledges and affirms that the one-time transfer of funds from the Parks Capital Fund to the Parks Operating Fund, as authorized under and pursuant to this Resolution, does not constitute a breach of the Inierlocal Agreement, or of the First Amendment thereto dated February 8, 2005. Section.5. This Resolution shall become effective on and after the date and time it is properly approved and signed by a majority of the members of the Carmel Common Council. SO RESOLVED by the Common Council of the City of Carmel, Indiana, this S day of T o .... ?,#, , 2008, by a vote of -l ayes and 0 -nays. COMMON COUNCIL FOR THE CITY OF CARMEL, i Richard L. Sharp; PreslidenY.Pro Tempore E. Carter ATTEST: Diana L. Cordray,IAMC, Clerk-Tre urer Resolution No. CC-12-01-08-02 Page Three of Four Pages This Resolution was prepared by Douglas C. Haney, City Attorney. IZ^E BmmN1Y W ?mmMRenMwm{CCVOGNARI( Ipmlo?sl AVF%nIDia? DCFI I-14-0tl_du:llll9/!Ipy 11:13 AMA SPONSORS: Councilors:Sriyder, Sha[P..Seidensticker & Rider Presented' by me,to the:Mayor of the-City of Carmel 2008, at `F, al I O'clock, oq . M: Approved byme,_the Mayor of the City'of Carmel, 2008, at /Q 3 J O'clock, lq-. Ml ATTEST: Diana L.,Cofdray,1AMC, Clerk- r surer Resolution No. CC-l M1-05-02 Page Four of Four.Pages Indiana, this R? day'o of Z)JL ? I Diana L. Cordray, IAMC,, Clerk-1 asurer Indiana,;this3 day of Pq-,v4y L -f6- ames Brainard, Mayor This Resolution was prepared by Douglas C. Haney, City Attorney., IZ"? + YllxRinimu'.RC.aNiw.-CCL\1gp¢WAP?N imu4w?lA ,uw UCH'I I.14LX, -1u I9RW¢IIII AK