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Home My WebLink AboutC-266-11 SW Clay Drainage - HC Drain Bd and CityL. 2011012198 ORDINANCE $23.00 03/02/2011 1a0:43:25P 6 PGS r HaMy County Recorder IN HAMIl.7ON Il``II ii `1I1I44IIIIII `yjIf ``IIIIfyIIiiII iII Recorded i��1141��1il�lli41�1 !1��I�I�II�l11141111111111�1 I I�III 11II111 I�II4III ORDINANCE C- 266 -11 SPONSOR: Councilor Sharp AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING INTERLOCAL COOPERATION 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, that certain interlocal cooperation agreement between the City of Carmel, Indiana "City and Hamilton County, Indiana "Hamilton County a copy of which is attached hereto and incorporated herein as Exhibit A "Interlocal Cooperation Agreement pertains to a joint drainage improvement project between the City and Hamilton County that fulfills certain terms of the "Settlement Agreement Concerning Carmel City Ordinance No. C -263, as amended; and WHEREAS, it is in the public interest to approve the Interlocal Cooperation Agreement. 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. Section 2. The Interlocal Cooperation 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 Cooperation 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. Page One of Two Pages The document was prepared by Douglas C. Haney, Carmel City Attorney. 1 Z:1E Bass\My Documents\ORDINANCESIINTERLOCAL AGREEMENT ORDS120111SW Clay Drainage Capital Improvement Inierlocai .doc3/212011 9:21 AM PASSED by the Common Council of the City of Carmel, Indiana, th 7 day ofJe a�►*.L 2011, by a vote of 7 ayes and Z� nays. �J sticke ti Presiding Offictsr W. Eric Seide JJ� V. Accetturo onald E. Carter Diana L. Cordray, IAMC, C k- Treasurer ATTEST: COMMON COUNCIL FOR THE CITY OF CARMEL Diana L. Cordray, IAMC, Clerk- Treasurer pore vin Rider harp K Richard uci S ••er Presented by me to the Mayor of the City of Carmel, Indiana thisS day of t-uko 2011, at 11: en A.M. U Diana L. Cordray, ]AMC, Clerk-'Freasurer Approved by me, Mayor of the City of Carmel, Indiana, this 0 2 tS day of 2011, at 4 .M. n s Brainard, Mayor Ordinance C -266 -11 Page Two of Two Pages The document was prepared by Douglas C. Haney, Carmel City Attorney. 1 Z:1E Bass\My Documents \ORDINANCESIINTERLOCAL AGREEMENT ORDS120111SW Clay Drainage Capital Improvement Inlerlocal .doc111312011 12:39 PM SPONSOR: Councilor Sharp INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA, AND HAMILTON COUNTY, INDIANA, ANTI .3 As TO FORM BY This Interlocal Cooperation Agreement "Agreement is made and entered into on the IP day of 1a4�ir�rZ 2010, by and between the City of Carmel, Indiana, acting by and through its Common Council "City and Hamilton County, Indiana, acting by and through its Drainage Board "County WITNESSETH: WHEREAS, Carmel 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 July 27, 2010; and. WHEREAS, prior to July 27, 2010 the Annexation Area remains under the Jurisdiction of Hamilton County; and WHEREAS, Certain Drainage Capital Improvements have been planned within the Annexation Area in coordination with County and City long range plans; and WHEREAS, the City has set aside certain funding programmed for specific Drainage 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 drainage needs and to satisfy commitments under the Annexation Settlement Agreement between the City and the Southwest Clay Residents "Annexation Agreement and WHEREAS, Improvement to the drainage facilities for the Bridlebourne /Larkspur Subdivision( "Drainage Improvement have been deemed a priority by both City and County and plans for the construction of various improvements have been developed by the Hamilton County Surveyor's Office and the necessary right of way to accommodate the construction has been obtained by the County; and WHEREAS, The City Engineer and the County Surveyor would like to begin the construction of the Drainage Improvement as soon as feasible; and WHEREAS, The City is willing to contribute funding to the construction of the Drainage Improvement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the County HEREBY AGREE as follows: 1. The County thru its Drainage Board agrees to move forward with necessary hearings for construction and reconstruction of the Drainage Improvement. 1 2. The County also agrees to bid and award contracts for the construction of the Drainage Improvement to facilitate its construction as soon as feasible. 3. The City agrees to contribute, to the County, the actual construction cost of the proposed Drainage Improvement after the cost is determined by public opening of bids and before the award of the contract to the chosen bidders. 4. The City agrees to supply the construction inspection services, at the City's expense, for the construction so that the projects can be coordinated with other City and County projects. 5. The City's assigned inspectors will coordinate all project related documentation and communication, including but not limited to meetings, submittals, inspection reports, payment requisitions, and change orders with the City Engineer's Office and County Surveyor's Office. [Remainder of page intentionally left blank] 2 PASSED by the Common Council of the City of Carmel, Indiana, this day of 2011, by a vote of 7 ayes and a nays. Accetturo sticker, P Z■, Presiding Off er W. Eric Seide onald E. Carter ATTES 2011, at I l 0 A .M. ATTEST: COMMON C spore Diana L. Cordray, IAMC, C1 Treasurer NCIL FOR THE CITY OF CARIVIEL- K'vin Rider Richard uci Sn Presented by me to the M. ayor of the City of Carmel, Indiana this day of Approved by me, Mayor of the City of Carmel, Indiana, this a l day ofssL+,''r- 2011, at I flS e .M. Diana L. Cordray, TAMC, Clerk- Treasurer 3 Diana L. Cordray, IAMC, Cler reasurer IN WITNESS WHEREOF, the undersigned Board of Commissioners of Hamilton County have approved this Interlocal Agreement on the 8 day of 0 2010. BOARD OF COMMISSIONERS OF HAMILTON COUNTY Steven C. Dillinger Christine Altman ATTEST: Dawn Coverdale, Auditor 4