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HomeMy WebLinkAbout2002 Parks Joinder Amended (D-1740-04) SPONSOR COUNCILOR CARTER ORDINANCE NO D 1740 04 AS AMENDED AN ORDTh At CE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVLYG AND ADOPTENG TNTERLOCAL AGREEMENT AMENDMENT TO INTERLOCAL. COOPERATION AGREEMENT This Amendment to Interlocal Cooperation Agreement (the `Amendment is by and between the City of Carmel Indiana (the City and Clay Township of Hamilton County Indiana (the Township and shall oe effective as or Tenuary 1 2005 WHEREAS, the City and the Township entered Into a certain Interlocal Cooperation Agreement (Ordinance No D 1 603 02) dated July 26 2002 to provide joint park and recreational services to the residents of the City and the Township, and WHEREAS the Agreement provides for the appointmert of members to the Carmel/Clay Board of Parks and Recreation (the Joint Board with ini iai appointments by the Trustee or the Township and the Mayor c the City and WHEREAS the 'Township has entered into a certain Lease dated January 20 2004 (along with any renewal or extension thereof hereinafter the Lease by and between the Township and the Carmel/Clay Parks Building Corporation prov ding for the Financing of the Carmel/Clay Central Park, project in the pnncinai amount of rify rive Million Dollars (555 000 000 00) and WHEREAS, the parties desire to revise and amend the Agreement to provide for equal representation of the City and the Township on the Joint Board so long as payments under the Lease are being made by the Township and WHEREAS, the parties also desire to permanently alter the computation of payments due under the Agreement by mov ng from the prior bt.dget year s proportionate assessed valuation to the then current budget year s proportionate assessed valuation NOW THEREFORE, it is mutually agreed by and between the parties that the Agreement is amended as follows 1 Conditional Revision of Section 2 2 Notwithstanding any other provision of the Agreement so long as any portion of the indebtedness evidenced by the Lease remains outstanding due and payable by the Township, and so long as the To unship timely makes its payments) of that portion of its annual COIT distribution that is attributable to the Carmel/Clay Central Park Park and spent solely on Park capital projects Section 2 2 of the Agreement shall be revised and amended in its entirety to read as follows 2 2 The Joint Board shall consist of nine (9) members appointed or selected as follows 200500010373 F 10 ror Rniord in HAMILTON CWNT(r INDIANA JENNIFER J HAYDEN 02-23-2005 At 08 VERSION B Last ()tinted 1/4 /2005 9 24 AM ORDINANCE 54 pn a Four (4) members of the Joint Board shalt be appointed bv the Mayor on the basis of their interest and knowleoge of parks and recreation and must be residents of the City b Four (4) members of the Joint Board shall be appointed by the Trustee on the basis of their interest and knowledge or parks and recreation and must be residents of the Township c One (1) member of the Joint Board shall be appointed by the Board or Education for Carmel/Clay Schools and must be an elected member thereof d No more than two (2) of the Mayor s appointrnentR to the Joint Board may be from the same political party e An elected official of the C ty or Township shall not be eligible to serve as a member of the Joint Board f The Mayor and Trustee shall continue to stagger the date of appointment of members serving on the Joint Board in a manner similar to that which exists at the time of adoption or this Amendment and shall maintain records reflecting the date of appointment and term of each member so appointed r Revised Section 2 2 as set forth above shall automatically terminate and be of no rurther force or effect on and after the earlier of the first date on which the Townsh p fails to timely pay any portion of the COIT funds attributable to the Park as described above or the date on which the Township makes its final payment ander the Lease Immediately upon the occurrence of either such event the onginal terms of Section 2 2 as contained in the Agreement shall again become binding on the parties hereto 2 Permanent Revision of Section 6 2 Section 6 2 of the Agreement shall be revised and amended to read as follows 6 2 The proportional funding obligations of the City and the Township set forth in Section 6 1 and elsewhere to this Agreement shall be based upon the City s and the Township s proportional share of the aggregate assessed valuation for the entire Township as determined by the Hamilton County Auditor for the same year in which the budget is in effect For example fo budget year 2005 the budget shall be funded in proportion to the assessed valuation certified by the Auditor for calendar year 2005 3 Ratification In all other respects the Agreement is hereby ratified, approved and continued in every way This Amendment shall be incorporated into the terms of the Agreement as if set forth in full therein 4 Enforceability This Amendment 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 Amendment snall be recorded in the office of the Hamilton County Recorder after approval bv 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 1 7 and shall not be deemed enforceable and binding until recorded with the County Recorder This Amendment may be executed 'n multiple counterparts each or which shall be an original and all of which together shall constitute one and the same instrument PASSED by the Common Council of the City of Carmel, Indiana this 7 day of 2005 by a vote of 7 ayes and 0 nays VERSION B Last punted /4/2005 9 24 AM COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA G P Officer onald E Carter r 9 Kevin r 'dent pro 1'e mpore /�yo i�� r r Mark Ratt os p- C Griffiths Richard Snarp L. AT&T, fir i Diana L Cordray IAMC Cler T reasurer Presented by me to the Mayor of the City of Carmel Indiana at 3 00 o clock P M on the S day of aMw�. 2005 4_, i Dana L Cordray IAMC Clerk T #.urer ved by me Mayo/ of the City of Carmel Indiana at o clockeM on this A ppr�o y y y ri b' �l--dav of rep 64 2005 I nd? J Brainard, Mayor ATTEST Diana L Cordray, 1 MC Clerk T urer VERSION B Last printed 1/4/2005 9 24 AM ALL OF WELCH IS AGREED by and between the parties on the date set out herein CLAY TOWNSHIP, HAMILTON COUNTY INDIANA C By F JSTh F Hagan Township Trustee h„ G 4,4-4,1 M 1 Jam C Dillon President Township Board I Se Township Board Mary Eckard Township Board Member ATTE Board Approval Date k .1`or• r To ship Cler This document prepared by Bnan C Bosma, Kroger Garda Regas 111 Monument Circle Suite 900 P 0 Box 44941 Indianapolis Indiana 46244 0941 (0 17)692 9000 Amended by Thomas D Perkins, Assistant City Aromey for he City of Carmel