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HomeMy WebLinkAboutD-1981-10 106th St & Ditch Rd Roundaboutspoiti ORDINANCE D- 1981 -10 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36 -1 -7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36 -1 -7 -2 authorizes the Common Council to approve such "interlocal agreements;" and WHEREAS, the "interlocal agreement" by and between the City of Carmel, Indiana, and Hamilton County, Indiana, pertaining to joint funding of an annexation area roundabout, a copy of which is attached hereto and incorporated herein as Exhibit A "Interlocal Agreement is in the best interests of the City of Cannel and its residents. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Sponsor: Councilor Kevin Rider 2010010679 ORDINANCE $23.00 03/09/2010 08:59:31A 6 PGS Jennifer J Hayden HAMILTON County Recorder IN Recorded as Presented Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. The Clerk Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilton County Recorder and State Board of Accounts within the time periods established by Indiana Code 36- 1 -7 -6. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. J PASSED by the Common Council of the City of Carmel, Indiana, this J c day of �.^'.e at 2010, by a vote of 7 ayes and d nays. Page One of Two Pages The document was prepared by Douglas C. Haney, Carmel City Attorney. )nE Bass 1My Daumu,tslORDINANCESUNTERLOCAL AGREEMENT ORDS'Annomtinn Amt Flmamg IID- 1981- II1.Joc I /1 1/201D) affirm, under the penalties for perjury, that 1 have taken reasonable care to redact each Social S city number his document :ss (name) Presiding Of er Richard L. Sharp, Pr ide s t o Tempore onald E. Carter ATTES Diana L. Cordray, IAMC, Clerk- T surer ATTEST Presented by me to the Mayor of the City of Carmel, Indiana, this 5 day of 2010, at 7:05 O'clock, t P M. Approved by me, the Mayor of the City of Carmel, Indiana, this tJ day of -Rt-o 2010, at 7: 05 O'clock, P M. COMMON COUNCIL FOR THE CITY OF CARMEL Diana Cordray, IAMC, Clerk Treasurer Ordinance D- 1981 -10 Page Two of Two Pages i The document was prepared by Douglas C. Haney, Carmel City Attorney. [2:1E Bnss1My b«vmcntslORDINANCESVNTERLOCAL AGREEMENT ORDS AnnGanon Ariv Funding dD- 19111 -Ill dnc:1 /I (/20101 Sponsor: Councilor Kevin Rider f� Diana L. Cordray, IAMC, Clerk- Tj a surer Jam-. Brainard, Mayor APPROVED AS TO FORM BY: INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA, AND HAMILTON COUNTY, INDIANA, HCHD# M 09 0032 This Interlocal Cooperation Agreement "Agreement is made and entered into on the Say of nv4d.57 2009, by and between the City of Cannel, Indiana, acting by and through its Common Council "City and Hamilton County, Indiana, acting by and through its Board of Commissioners "County"). WITNESSETH: 1 WHEREAS, Camel proposed annexation of an area of southwest Clay Township roughly bounded by 96 Street, Boone County Line, 116 Street, and Springmill Rd. "Annexation Area has been approved and will officially come under City jurisdiction June 27, 2010; and WHEREAS, prior to June 27, 2010 the Annexation Area remains under the Jurisdiction of Hamilton County; and WHEREAS, Certain Transportation Capital Improvements have been planned within the Annexation Area in coordination with County and City long range plans; and WHEREAS, the County has set aside certain funding programmed for specific Transportation Capital Improvements within the Annexation Area and intends to move forward with the implementation of these programmed improvements; and WHEREAS, the City would like to help facilitate the implementation of these programmed improvements as soon as possible in order to meet existing traffic needs and to satisfy commitments under the Annexation Settlement Agreement between the City and the Southwest Clay Residents "Annexation Agreement and WHEREAS, Improvements to the intersection of 106 Street and Ditch Road have been deemed a priority by both City and County and plans for the construction of a roundabout "Roundabout have been developed by the Hamilton County Highway Department and the necessary right of way to accommodate the construction has been purchased by the County; and WHEREAS, The City Engineer and the County Engineer would like to begin the construction of the Roundabout in September of 2009; and WHEREAS, The City is willing to contribute funding to the construction of the Roundabout to ensure consistency with City roundabout standards, to ensure expeditious construction, and to cover an estimated shortfall in County funding for the Roundabout. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the County HEREBY AGREE as follows: 1. The County thru its Board of Commissioners agrees to move forward with the necessary appropriation of funds necessary for 50% of the actual cost of constructing the Roundabout. 2. The County also agrees to bid and award the contract for the construction of the Roundabout to facilitate its construction in 2009. 3. The City agrees to contribute, to the County, half of the actual construction cost of the proposed Roundabout after the cost is determined by public opening of bids and before the award of the contract to the chosen bidder. 4. The City also agrees to supply the construction inspection services, at the City's expense, for the roundabout construction so that the Roundabout project can be efficiently coordinated with other City projects which overlap in scope with the Roundabout project. 5. The City's assigned inspectors and City Engineer will coordinate all project related documentation and communication, including but not limited to meetings, submittals, inspection reports, payment requisitions, and change orders through the Hamilton County Highway Department. 6. The City will assume ownership of the Roundabout on June 27, 2010. [Remainder of page intentionally left blank] 2 PASSED by the Common Council of the City of Carmel, Indiana, this c 2010, by a vote of 7 ayes and 0 nays. Presyding Office COMMON COUNCIL FOR THE CITY OF CARMEL Richard L. Sharp Preside roo Tempore onald E. Carter A EST: ,t Diana L. Cordray, J /(MC' Clerk Treasurer day of Presented by me to the Mayor of the City of Carmel, Indiana, this /5 day of -v-+ 2010, at 7: 0 O'clock, P .M. Approved by me, the Mayor of the City of Carmel, Indiana, this day of 2010, at 7: OS O'clock, P M. ATTEST: Diana L. Cordray, IAMC, Clerk Treasurer 3 Diana L. Cordray, IAMC, Cl, rk- Treasurer Jam-. Brainard, Mayor IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Steven A. Holt, President Christine Altman, Member Steven C. Dillinger, Member ATTEST: BOARD OF COMMISSIONERS OF HAMILTON COUNTY, INDIANA Cl unr) Dawn Coverdale, Hamilton County Auditor Date: 8 Z4- 2_00 9