HomeMy WebLinkAboutD-2130-13 Interlocal Agmt with Town of Fishers - Fiber Optic Conduti SPONSOR(S): Councilor Sharp
ORDINANCE D-2130-13
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA.
APPROVING AND ADOPTING AN INTEREOCAL AGREEMENT
WHEREAS, Indiana Code Chapter 36-1-7 authorizes cooperative endeavors between
governmental entities so as to better and more economically and efficiently serve the public safety and
welfare; and
WHEREAS, Indiana Code Section 36-1-7-2 authorizes the Common Council of the City of
Carmel, Indiana (the "Common Council") to approve such interlocal agreements entered into by the City
of Carmel, Indiana(the"City"); and
WHEREAS, the interlocal agreement entered into by and between the City and The Town of
Fishers, Indiana ("Fishers") pertaining to an Interlocal Agreement Between The City of Carmel, Indiana,
And The Town of Fishers, Indiana Concerning Infrastructure for a Fiber Optic Conduit, a copy of which
agreement is attached hereto and incorporated herein as Exhibit A (the "Interlocal Agreement"), is in the
best interests of the City and its residents.
NOW ,THEREFORE, BE IT ORDAINED, by the Common Council of the City of Carmel,
Indiana, as fc ws:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the
Common Council.
Sectia 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 its passage and signing
by the Mayor and such publication as is required by law.
PASSED by the Common Council of the City of Carmel, Indiana, this 1 5 day of
G , 2013, by a vote of `7 ayes and a nays.
2013025742 ORDINANCE $31.00
Page One of Two Pages 04/26/2013 09:46:47A 10 PGS
Mary L. Clark
HAMILTON County Recorder IN
Recorded as Presented
This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on 03/25/13 at 11:41 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
Z:\E Bass\My Documents\ORDINANCESUNTERLOCAL AGREEMENT ORDS12013\D-2130.13-FIBER OPTIC City&Fishers 3-29-13.rtf3/29/201311:43 AM
1
SPONSOR(S): Councilor Sharp
COMMON COUNCIL FOR THE CITY OF CARMEL .- ',
4/4( _
/
•
Presiding Offi Kevi D. Rider `0,.("or,
. •4 ' ' //
i
Richar• . . Sharp, Presi:ent Pro Tempore Carol Schleif
/ _ /// d.,--Z >w /X , I i
Ro.•ald .rter W. EEf c Seidensticker
Sue Fl nk. Luc .nyder 4/
ATT I
f� I 1 X J
Diana L. Cordray, IAMC, Clerk-T--. urer
Presented by me to the Mayor of the City of Carmel, Indiana this I Co day of (� ,
2013, at //1 3&/ A .M.
L_ai,,,,..0,_,w
Diana L. Cordray, IAMC, Clerk-Tre. firer
Approved by me, the Mayor of the City of Carmel, Indiana, this�� day of a ,
2013, at ).'3 8 P .M.
,411P
Times Brainard, Mayor
ATTEST:
&A..A..) .
1 affirm,under the poco'tres for per'jry,that I have
taken reasonable case to redact each Social Security
number in this document,unless required by law.'
Diana L. Cordray, IAMC, Clerk-Tr-.surer f�'
Ordinance D-2130-13 Name
Page Two of Two Pages
This Ordinance was prepared by Douglas C. Haney, Carmel City Attorney, on 03/25/13 at 11:41 a.m. No subsequent revision to
this Ordinance has been reviewed by Mr. Haney for legal sufficiency or otherwise.
Documentl3/29/2013 2:46 PM
2
Interlocal Agreement Between The City of Carmel, Indiana,
And The Town of Fishers, Indiana
Concerning Infrastructure for a Fiber Optic Conduit
THIS AGREEMENT entered into by and between the City of Cannel,Indiana, ("Carmel")and
the Town of Fishers,Indiana("Fishers"),
WITNESS THAT:
WHEREAS,both Carmel and Fishers are located adjacent to each other along the White
River in Hamilton County Indiana;and
WHEREAS,Fishers has a fiber optic trunk line(the"Line")within its public works facility
located at 10200 Eller Rd(the"Facility"); and
WHEREAS,Cannel wishes to extend new fiber optic conduits(the"Conduit");interdicts
(3);pullboxes;utility markers; and other related infrastructure in and across property owned by
Fishers and connect to the Conduit to.the Line;and
WHEREAS,Carmel and Fishers mutually agree that the Conduit extending between
Carmel and Fishers will benefit both parties and that this interlocal agreement, entered into
pursuant to Indiana Code 36-1-7, is in the public interest of both parties.
NOW THEREFORE, in furtherance of the above,Fishers and Carmel jointly agree as
follows:
1) The foregoing Recitals are incorporated herein by this reference.
2) Fishers shall dedicate to Carmel the easement for placement of the conduit as described in
Exhibit A attached hereto and included herein; (the"Easement")
3) Carmel will pay for the installation of the Conduit from a data box located in the Facility to
Carmel's facilities located west of the White River.
4) Carmel will acquire all needed permits to install the Conduit from a data box located in the
Facility to Carmel's own facilities located West of the White River.
5) The parties hereto agree to the installation methods and route of the Conduit as described in
the attached Exhibit A,which is incorporated herein by this reference.
• 6) The parties hereto agree that maintenance and repairs may be periodically needed on the
Conduit and or the Line, and that each party hereto will allow the other reasonable access to
the Line and Conduit and their related infrastructure for future repairs, upgrades, connections
and modifications.
7) The Parties hereto agree that any disputes under this Agreement that cannot be informally
resolved will be submitted to mediation before a mutually agreeable mediator prior to either
party filing suit to protect its interest hereunder.
8) This Agreement may be terminated by either party at any time upon thirty(30)days
advanced written notice to the non terminating party as follows:
To Fishers: Scott Fadness,Town Manager, One Municipal Dr,Fishers In 46038
To Carmel: John Duffy,Utilities Director,760 3`d Ave S.W.,Cannel,IN 46032 AND
Douglas I-Ianey, Carmel City Attorney, One Civic Square,Cannel IN 46032.
Inter local Agreement Between The City of Carmel, Indiana,
And The Town of Fishers, Indiana X54
Concerning Infrastructure for a Fiber Optic Conduit 614
v
THIS AGREEMENT entered into by and between the City of Cannel,Indiana, ("Cannel")and
the Town of Fishers,Indiana("Fishers"),
WITNESS THAT:
WHEREAS,both Carmel and Fishers are located adjacent to each other along the White
River in Hamilton County Indiana;and
WHEREAS,Fishers has a fiber optic trunk line(the"Line")within its public works facility
located at 10200 Eller Rd(the"Facility"); and
WHEREAS,Carmel wishes to extend new fiber optic conduits(the"Conduit"); interdicts
(3);pullboxes; utility markers; and other related infrastructure in and across property owned by
Fishers and connect to the Conduit to the Line;and
WHEREAS, Carmel and Fishers mutually agree that the Conduit extending between
Carmel and Fishers will benefit both parties and that this interlocal agreement, entered into
pursuant to Indiana Code 36-1-7,is in the public interest of both parties.
NOW THEREFORE, in furtherance of the above,Fishers and Carmel jointly agree as
follows:
1) The foregoing Recitals are incorporated herein by this reference.
2) Fishers shall dedicate to Carmel the easement for placement of the conduit as described in
Exhibit A attached hereto and included herein; (the"Easement")
3) Carmel will pay for the installation of the Conduit from a data box located in the Facility to
Carmel's facilities Iocated west of the White River.
4) Carmel will acquire all needed permits to install the Conduit from a data box located in the
Facility to Carmel's own facilities located West of the White River.
5) The parties hereto agree to the installation methods and route of the Conduit as described in
the attached Exhibit A,which is incorporated herein by this reference.
6) The parties hereto agree that maintenance and repairs may be periodically needed on the
Conduit and or the Line,and that each party hereto will allow the other reasonable access to
the Line and Conduit and their related infrastructure for future repairs,upgrades,connections
and modifications.
7) The Parties hereto agree that any disputes under this Agreement that cannot be informally
resolved will be submitted to mediation before a mutually agreeable mediator prior to either
party filing suit to protect its interest hereunder.
8) This Agreement may be terminated by either party at any time upon thirty(30)days
advanced written notice to the non terminating party as follows:
To Fishers: Scott Fadness,Town Manager, One Municipal Dr,Fishers In 46038
To Carmel:John Duffy,Utilities Director,760 3`d Ave S.W.,Carmel,IN 46032 AND
Douglas Haney, Carmel City Attorney,One Civic Square,Carmel IN 46032.
9) This Agreement shall be in full force and effect from and after the date on which it is last
executed by a party hereto until it is terminated in conformance within the terms hereof.
10) Each party shall promptly inform the other party of any circumstance which would
substantially delay,or preclude,their compliance with this agreement.
IN WITNESS WHEREOF, the parties to this Agreement have approved this Agreement on the
dates set out below.
TOWN OF FISHERS, 1 IANA
Authorized Signature
�Gc-rr FA t)4E4.5 / --r;a 4 M 114 Ak4 (2-.
Printed Name and Title
Date .3/4/ % 3
ATTEST `
J EF 0 y A. HILL/ V IPE-Groff- OF Enlr{Ieaeft.i►Ji
Printed Name and Title
3/4/ Zc' % 3
Date
•
CITY OF CARMEL,INDIANA
BY ITS BOARD OF PUBLIC WORKS
AND SAFETY
ames Brainard, Presiding Officer
Date: c/a V/3
dtai/ ��1:-
M. •y r Burke,Member
Date: 3 - go i3
- --
Lori Watt ember
Date: c3/—\d7`f
ATTEST:
Gdic.4,d124 / #
/Diana L. Cordray, I IC Clerk-Treasurer
STATE OF INDIANA )
COUNTY OF )
Before me,a Notary Public in and for said County and State,personally appeared James
Brainard,Mary Ann Burke, and Lori Watson,by me known o be the Members of the City of
ae� , k .
Cannel Board of Public Works and Safety, and 3iar L. -ordr Clerk-Treasure of the City of
Carmel,who acknowledged the execution of the foregoing"Agreement"on behalf of the City of
Cannel,Indiana. •
Witness my hand and Notarial Seal this ac0 day o 'lq CUL 20
• 6 I•a -rte
NOTARY PUBLIC
C Ginn 0.)U �_s
My Commission Expires: Printed Name
. /L//Wi 7 My County of Residence:
Date: -qo 6 1
•
4
PROPOSED 10' --t- . -J OPM LBE EASSENT
EAST PART OF THE N.W.QUARTER,SECTION 10,TOWNSHIP 17 NORTH,RANGE 4 EAST,
DELAWARE HAMILTON COUNTY,INDIANA
4 N.E. COR
N.W, QUARTER
SEC 10 1'17N-R4E
MAG NAIL
" 70'09'39"W' N6549'07"W N724.1'16"W — _ — — — — — \-
25.0.' -71.26' 2213' —`—� —
N9000'00"W N86'39'16"W / N64'43'30"W I
ASPHALT DRIVE 1.65' 25.32'
Ca
S6s'0 648"5 14.34' / N44•27'39"W I ALT DRIVE N89'56'04"W > Cr)Ea.
21.50' 577'35.01"W N76'56'56"W I c t'O <�
.-." mix PATH ".., N54'15'12"W 133.70 122.57' ,.• _.�_.. - an���
N75'48'S2"W �2 34.54' 532'22'15"W � - P��97.25' vi �o
13.44' 46'0725"W, 91.0
✓ � - S68 3 W N60'24'01"W
N87'51'30'W / �.`i� 6 80' i` I 205.93' 204.52'
83.75' / *"+iQ____S89.41'S3.W _ 1 WALK PATH 98947'02°W NzU
N33'OS'21"W - N8995'S7"W 124,09' N89'5s'20'W om
/ ^�" 468.9'5' -- - 17-44. 37.17' zv,
956'45'00"W 29.33' ——C
N382 16-W 123.67' N54'49'13 7N - \ OF CENTERLINE
72.1'± 6471' r I + DESCRIPTION A
_ —�_— //C-— I I I I / SEMENT O
` l 1 1 1 1
/ -- ---I- --+--1 ` L 1 I I I / / g
GRAPHIC SCALE / ! PA
( �
0 100' 200' 400' 2/14/13
SCALE : 1" = 200' R.LS. L520400007 DATE:
"THIS DRAWING IS NOT INTENDED TO BE ��_�� MILLER SURVEYING INC.REPRESENTED AS A RETRACEMENT OR AN " '15
ORIGINAL BOUNDARY SURVEY, A ROUTE = ND s CONNER 46060
SURVEY OR A SURVEYOR LOCATION Pa ¢(317)773"2844 FAX 773-26334
REPORT" LOCATION: DRAWN Br: MJJ ICHK'0 BY: KNA
THIS SURVEY IS NOT COMPLETE AND/OR P OF THE NW QUARTER, 10-17-4 SOuE 1"-200' FIELD BOOK.
DELAWARE TWP., NAMILTON COMM,C INDIANA
VALID WITHOUT BOTH PAGES. FIELD WORK CONFIDED:N/A DATE: 2/14/13 PACE:
CLIENT:JONES&HENRY ENGINEERING JOB NUMBER SURVEY 4 FILE
il=itska 1 ® a DESCRwDON: 20' FIBER OPEC UNE EASE1,4ENf B34393
EXHIBIT °A"
P '
EAST PART OF THE N.W.QUARTER,SECTION 10,TOWNSHIP 17 NORTH,RANGE 4 EAST,
DELAWARE HAMILTON COUNTY,INDIANA
D DESCRIPTION
DESCRIPTION OF REAL ESTATE: 10 FOOT WIDE FIBER OPTIC LINE
EASEMENT
PART OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 17 NORTH,
RANGE 4 EAST, IN DELAWARE TOWNSHIP, HAMILTON COUNTY, INDIANA, THE
CENTERLINE OF A 10 FOOT WIDE FIBER OPTIC LINE EASEMENT BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER
OF SECTION 10, TOWNSHIP 17 NORTH, RANGE 4 EAST; THENCE ON THE
EAST LINE OF SAID NORTHWEST QUARTER SOUTH 00 DEGREES 24
MINUTES 42 SECONDS WEST (ASSUMED BEARING) 266.94- FEET TO THE
POINT OF BEGINNING OF THE CENTERLINE OF A 10 FOOT WIDE FIBER
OPTIC LINE EASEMENT;
THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS WEST 37.17 FEET;
THENCE NORTH 60 DEGREES 24 MINUTES 01 SECONDS WEST 204.52 FEET;
THENCE NORTH 89 DEGREES 56 MINUTES 04 SECONDS WEST 297.25 FEET;
THENCE SOUTH 68 DEGREES 00 MINUTES 13 SECONDS WEST 205.93 FEET;
THENCE SOUTH 89 DEGREES 47.MINUTES 02• SECONDS WEST 124.09 FEET;
THENCE NORTH 76 DEGREES 56 MINUTES 56 SECONDS WEST 122.57 FEET;
THENCE NORTH 89 DEGREES 15 MINUTES 57 SECONDS WEST 77.44 FEET;
THENCE SOUTH 77 DEGREES 35 MINUTES 01 SECONDS WEST 133.70 FEET;
THENCE SOUTH 32 DEGREES 22 MINUTES 15 SECONDS WEST 91.04 FEET;
THENCE SOUTH 89 DEGREES 41 MINUTES 53 SECONDS WEST 468.95 FEET;
THENCE NORTH 46 DEGREES 07 MINUTES 25 SECONDS WEST 64.80 FEET;
THENCE NORTH 54 DEGREES 15 MINUTES 12 SECONDS WEST 34.54 FEET;
THENCE NORTH 54 DEGREES 49 MINUTES 13 SECONDS WEST 64.11 FEET;
THENCE NORTH 33 DEGREES 05 MINUTES 21 SECONDS WEST 29.33 FEET;
THENCE NORTH 44 DEGREES 27 MINUTES 39 SECONDS WEST 21.50 FEET;
THENCE NORTH 64 DEGREES 43 MINUTES 30 SECONDS WEST 25.32 FEET;
THENCE NORTH 72 DEGREES 41 MINUTES 16 SECONDS WEST 22.13 FEET;
THENCE NORTH 87 DEGREES 51 MINUTES 30 SECONDS WEST 83.75 FEET;
THENCE NORTH 86 DEGREES 39 MINUTES 16 SECONDS WEST 14.34 FEET;
THENCE NORTH 75 DEGREES 48 MINUTES 52 SECONDS WEST 13.44 FEET;
THENCE NORTH 65 DEGREES 49 MINUTES 07 SECONDS WEST 71.26 FEET;
THENCE NORTH 70 DEGREES 09 MINUTES 39 SECONDS WEST 25.06 FEET;
THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 21.65 FEET;
THENCE SOUTH 66 DEGREES 02 MINUTES 48 SECONDS WEST 163,75 FEET;
THENCE SOUTH 56 DEGREES 45 MINUTES 00 SECONDS WEST 123,67 FEET;
THENCE NORTH 38 DEGREES 23 MINUTES 16 SECONDS WEST 72.1 FEET
MORE OR LESS TO THE EAST LINE OF WHITE RIVER BEING THE POINT OF
TERMINUS OF THIS 10 FOOT WIDE FIBER OPTIC EASEMENT. THE SIDE LINES
OF SAID 10 FOOT WIDE EASEMENT TO BE EXTENDED OR SHORTENED TO
MEET AT ANGLE POINTS AND TO TERMINATE AT THE EAST LINE OF WHITE
RIVER. Ootimit1I /4/�
yY'LS20400007€m
` STATE OF
1UCZf /////AHH11111
2/14/13 3
R.LS. L520400007 DATE:
"THIS DRAWING IS NOT INTENDED TO BE 7 D
^ �■ MILLER SURVEYING INC.
REPRESENTED AS A RETRACEM£NT OR AN 948 CONNER STREET
ORIGINAL BOUNDARY SURVEY, A ROUTE NoaLESnLL [NOM 44060
SURVEY OR A SURVEYOR LOCATION PN. f(317)773-2844 FAX 773-2694
REPORT" LOCARON: DRAWN DY: SAW I CHkO ENT: KNA
PART OF THE MN QUARTER, 10-17-4 MILTON 1•=3D0� FlEi.D OOOx:
THIS SURVEY IS NOT COMPLETE AND/OR DELAWARE TWP., ILTON COUNTY,INDIANA
VALID WITHOUT BOTH PAGES. FlE9_D WORK COMPLETED:N/A DATE: 2/14/13 PACE.
CLIENT:JONES de HENRY ENGINEERING JOB NUMBER SURVEY 4 FRE:
Fayov a 2 QP 2 DESCRIIMN: 20' MER oFnC EJNE EASEMT B34393
ADOPTED by the Common Council of the City of Camel, Indiana this /5 day of
(,tdOLLA-(/ 2013, by a vote of `J ayes and 6 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL z_i 4. 3i —
Presiding Of,c r ' evin D. Rider
e (1';i\ifi Richard L. Sha , Presi e ttPPro Tempore Carol Sc lleif /
R. ald E. Carter W. Eri/Seid�nsticke
�....t �«
Sue -iinkaj Luci .. ydei '
ATTEST:
4,P , g'
Diana L. Cordray, IAMC, Clerk-Dsurer
Presented by me to the Mayor of the City of Carmel, Indiana this i C� day of
U0 2013, at !1 X341 c}.M.
A9---1:--tAsk J I i
Diana L. Cordray, IAMC, Clerk-Tre+rer
of,..„
Approved by me, Mayor of the City of Carmel, Indiana, thisa*PY day of
2013, at I.3 8 PM.
C.
J es Brainard, Mayor
ATTEST:
4)(,..,k.4.% i /
Diana L. Cordray, IAMC, Cler Treasurer