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HomeMy WebLinkAboutCC-12-21-09-02 Transfer of $1M to Parks Dept/Township Resolution includedlSPONSORS: Councilors Sharp and Rider RESOLUTION CC- 12- 21 -09 -02 AS AMENDED A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, REGARDING THE TRANSFER OF MONIES FOR MONON CENTER OPERATIONS WHEREAS, the City of Carmel, Indiana "City and Clay Township of Hamilton County, Indiana "Township entered into a certain Interlocal Cooperation Agreement "lnterlocal Agreement dated July 26, 2002, to provide joint park and recreational services to the City and the Township; and WHEREAS, the Interlocal Agreement, as the same has been subsequently amended from time to time, remains in full force and effect as of the date of this Resolution; and WHEREAS, pursuant to the terms of the Interlocal 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 Township, which Parks Board remains duly formed and operating as of the date of this Resolution; and WHEREAS, on December 16, 2002, the City, pursuant to the request of the Parks Board, duly established a non reverting parks and recreation operating fund (the "Parks Operating Fund which includes the operating expenses of various Parks Board programs; and WHEREAS, in 2007, the Monon 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, the Monon Center has generated insufficient funds to satisfy its operating expenses, as determined by the City of Carmel's fiscal officer, and that a deficit will exist in the Parks Operating fund for the operation of the Monon Center through December 31, 2009, totalling approximately One Million Dollars ($1,000,000.00) as of December 11, 2009; and WHEREAS, such shortfalls are not uncommon during the initial 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 deficit; and WHEREAS, there currently exists in the Clay Township Non Reverting Capital Fund #1215) available monies which could be used for the operation of the Monon Center for the remainder of 2009, as permitted by law; and Page One of Three Pages This Resolution was prepared by Douglas C. Haney, City Attorney, and Thomas D. Perkins, Assistant City Attorney. Amended Version A (12- 21 -09) [Z: \E Bass\My Documents \Resolutions- CCC\2009 \TRANSFER Park Monies to Monon Center.doc:12 /21/2009 8:05 I'M] SPONSORS: Councilors Sharp and Rider WHEREAS, the Common Council now desires that the Township transfer sufficient funds to eliminate the projected deficit in the Parks Operating Fund #104), for use only for Monon Center operating expenses for the remainder of 2009 (the "Transferred Funds from the Clay Township Non Reverting Capital Fund #1215); and WHEREAS, the Common Council directs the Parks Board, as a condition of this transfer of funds, to fully account for the expenditure of all such Transferred Funds and to promptly return any of the Transferred Funds not expended on or before December 31, 2009, to the Cannel Clerk Treasurer, who shall then promptly report in writing her accounting and analysis of same to the Mayor and the Common Council and then promptly re- deposit all 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 funds, 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 meet with the City and the Township as necessary to discuss the Monon Center's operations, financial plan and fiscal status, so as to minimize the need to repeat this transfer of monies to the Parks Operating Fund from the Parks Capital Fund in 2010 and beyond. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Cannel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Common Council hereby resolves and agrees to the immediate transfer of sufficient funds to eliminate the projected deficit in the Parks Operating Fund #104) for use only for Monon Center operating expenses for the remainder of 2009 from the Clay Township Non Reverting Capital Fund (Fund #1215), from the date of this Resolution to and including December 31, 2009. Section 3. The Common Council directs the Cannel Clerk Treasurer "Clerk- Treasurer to take all steps necessary to transfer such monies from the Clay Township Non Reverting Capital Fund #1215) to the Parks Operating Fund in accordance with applicable law, such transfer to be made by the Clerk Treasurer as soon as reasonably possible after a substantially similar Resolution is properly approved by the Clay Township Board and proof of same is provided to same. 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 Interlocal Agreement, or of the First Amendment thereto dated February 8, 2005. Resolution No. CC- 12- 21- 09 -02, As Amended Page Two of Three Pages This Resolution was prepared by Douglas C. Haney, City Attorney, and Thomas D. Perkins, Assistant City Attorney. Amended Version A (12- 21 -09) [Z: \E Bass \My Documents \Resolutions- CCC\2009 \TRANSFER Park Monies to Monon Center.doc:12 /21/2009 8:05 PM] SPONSORS: Councilors Sharp and Rider 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 RES LVED by the Common Council of the City of Carmel, Indiana, this day of 2009, by a vote of Co ayes and 1 nays. /2� 0 Presiding Of er V. Accetturo Ronald E. Carter W. Eric Seide ticker, P t Pr Ee ore O P POSc 1� Diana L. Cordray, IAMC, Cler reasurer na. Presented by me to th ayor of the City of Carmel, Indiana; thisa day of 2009, at 1 1'• O) O'clock, 11 M. Diana L. Cordray, IAMC, Clerk- asurer Approved by me, the Mayor of the City of Carmel, Indiana, this a day of 2009, at D 0 O'clock, P M. ATTE Diana L. Cordray, IAMC, Clerk- asurer COMMON COUNCIL FOR THE CITY OF CARME i Kevin Rider es Brainard, Mayor Resolution No. CC- 12- 21 -09 -02 Page Three of Three Pages This Resolution was prepared by Douglas C. Haney, City Attorney, and Thomas D. Perkins, Assistant City Attorney. [Z: \E Bass \My Documents\ Resolutions- CCC\2009\TRANSFER Park Monies to Motion Center.doc:12 /1U /2009 12:29 I'M] RESOLUTION NO. 2009- 12 -28 -01 A RESOLUTION OF THE TOWNSHIP BOARD OF CLAY TOWNSHIP OF HAMILTON COUNTY INDIANA REGARDING THE TRANSFER OF FUNDS TO THE CITY OF CARMEL, INDIANA FOR MONON CENTER OPERATIONS WHEREAS, the City of Carmel, Indiana "City and Clay Township of Hamilton County, Indiana "Township entered into a certain Interlocal Cooperation Agreement (the "Interlocal Agreement dated July 26, 2002, to provide joint park and recreational services to the City and the Township; and WHEREAS, the Interlocal Agreement, as the same has been subsequently amended from time to time, remains in full force and effect as of the date of this Resolutiqn; -and WHEREAS, pursuant to the terms of the Interlocal 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 Township, which Parks Board remains duly formed and operating as of the date of this Resolution; and WHEREAS, on December 16, 2002, the City, pursuant to the request of the Parks Board, duly established the City's 104 Non Reverting Parks and Recreation Operating Fund (the "City Parks Operating Fund which includes the operating expenses of various Parks Board programs; and WHEREAS, the Interlocal Agreement was amended by an Amendment to Interlocal Cooperation Agreement dated February 8, 2005 (the "Amendment which provided, among other things, for (i) the payment by the Township of certain County Option Income Tax "COIT funds solely for the purposes stated therein and (ii) the expansion of appointments by the Township to the Parks Board; and WHEREAS, in 2007, the Monon 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, the Monon Center has generated insufficient funds to satisfy its operating expenses, as determined by the City of Carmel fiscal officer, and that a deficit will exist in the Parks Operating Fund for the operation of the Monon Center through December 31, 2009, totaling approximately One Million Dollars ($1,000,0000) (the "2009 Monon Shortfall and WHEREAS, the Common Council of the City, by Resolution No. CC- 12- 21 -09 -02 (as amended), authorized the Carmel Clerk- Treasurer "Clerk- Treasurer to receive from the Township the sum of One Million Dollars ($1,000,0000) from the Township's 1215 Non Reverting Parks Capital Fund (the "Township Capital Fund to be transferred to the City Parks Operating Fund, such funds to be used exclusively to cover the 2009 Monon Shortfall; and WHEREAS, there currently exists in the Township Capital Fund available COIT funds which the Township desires to transfer to the City Parks Operating Fund for the exclusive purpose of covering the 2009 Monon Shortfall; and WHEREAS, the Amendment provides that the use of designated Township COIT funds for any purpose other than Carmel /Clay Central Park capital projects will result in the automatic termination of certain Parks Board appointments by the Township, which provision the Common Council waived pursuant to its Resolution approving the Township's transfer of COIT funds provided for herein. NOW THEREFORE, BE IT RESOLVED, by the Township Board of Clay Township, Indiana, as follows: Section 1: The foregoing Recitals are fully incorporated herein by this reference. Section 2: The Township Board hereby resolves and agrees to the immediate transfer by the Township of One Million Dollars ($1,000,0000) from the Township Capital Fund to the City Parks Operating Fund, such funds to be used exclusively to cover the 2009 Monon Shortfall Section 3: The Township Board directs the Trustee to take all steps necessary to transfer such funds from the Township and to deposit the same with the Clerk Treasurer for deposit in the City Parks Operating Fund in accordance with applicable law, such transfer to be made to the Clerk Treasurer as soon as reasonably possible after the adoption of this Resolution. Section 4. The Township Board is approving this Resolution in reliance upon and in consideration of the Common Council's acknowledgment and affirmation on behalf of the City in Resolution CC- 12- 21 -09 -02 that this transfer of funds from the Township Capital Fund to the City Parks Operating Fund, as authorized by and pursuant to this Resolution, does not constitute a breach of the Interlocal Cooperation Agreement, or of the Amendment, nor shall it result in the automatic termination of any Township appointments to the Parks Board as provided in Section 1 of the Amendment. 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 Township Board Adopted by the Township Board of Clay Township of Hamilton County, Indiana, this 28 day of December, 2009, by a vote of 7— ayes and 0 nays. CLAY TOWNSHIP HAMILTON COUNTY, INDIANA DouglUs Callahan, Trustee es C. Dillon, Secretary Mary Eckard, C airman Paul K. Bolin, Member This document prepared by: Brian C. Bosma, Kroger Gardis Regas, 111 Monument Circle, Suite 900, P.O. Box 44941, Indianapolis, Indiana 46244 -0941 (317)692 -9000.