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HomeMy WebLinkAboutD-2130-13 Town of Fishers Fiber Optic Conduit SPONSOR(S): Councilor Sharp ORDINANCE D-2130-13 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA. APPROVING AND ADOPTING AN INTERLOCAL 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. NOWLTHEREFORE, BE IT ORDAINE'1Jr, by the Common Council of the City of Carmel, Indiana, as f i ws: Secti& 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. Sectiam 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 15 day of G , 2013, by a vote of `7 ayes and 0 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 IlllilIIl!!!!llllll!ll liii ll ll!iIII!!IIl1!!!!lilll!iii10111111111! 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\ORDINANCES\INTERLOCAL AGREEMENT ORDS\2013\D-2130-13-FIBER OPTIC City&Fishers 3-29-13.rtf3/29/2013 11:43 AM 1 SPONSOR(S): Councilor Sharp COMMON COUNCIL FOR THE CITY OF CARMEL .- 4/....,i#:0 f ,. Presiding Offi Kevi D. Rider ` 44 t �/ Richar. _ . Sharp, Presi ent Pro Tempore Carol Schleif / _ /,/ ; / Aj i�G� P Ro•ald . .,rter W. EE,c Seidensticker Sue Fink. V Luc' .nyder i0 ATT . jI , �/ /� i e Diana L. Cordray, IAMC, Clerk-T . urer Presented by me to the Mayor of the City of Carmel, Indiana this day of C� , 2013, at //1 34/ A .M. L... y,..ti1/4_jw iii Diana L. Cordray, IAMC, Clerk-Tre. {irer Approved by me, the Mayor of the City of Cannel, Indiana, this�' day of , 2013, at 1•'3 8 P .M. ,dr J.mes Brainard, Mayor ATTEST: igLIA.,A..) 'I affirm,under the pen:'tes for per;.;ry,that I have taken reasonable cafe to redact each Social Security number in this document,unless required by law.' Diana L. Cordray, IAMC, Clerk-Tr-.surer L, �� Name Ordinance D-2130-13 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. Document13/29/2013 2:46 PM 2 Interlocal Agreement Between The City of Carmel, Indiana, And The Town of Fishers, Indiana Concerning Infrastructure for a Tiber Optic Conduit THIS AGREEMENT entered into by and between the City of Carmel,Indiana, ("Carmel")and the Town of Fishers,Indiana("Fishers"), WITNESS THAT: WHEREAS, both Cannel 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 Cannel 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 Cannel'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.,Carmel,IN 46032 AND Douglas Haney, Carmel City Attorney, One Civic Square,Carmel IN 46032. Interlocal Agreement Between The City of Carmel, Indiana, And The Town of Fishers, Indiana 41o` Concerning Infrastructure for a Fiber Optic Conduit THIS AGREEMENT entered into by and between the City of Carmel,Indiana,("Cannel")and the Town of Fishers,Indiana("Fishers"), WITNESS THAT: WHEREAS,both Cannel 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 Cannel 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 Haney, Carmel City Attorney,One Civic Square,Cannel 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 'ISHERS, I IANA • Authorized Signature ��o-r'r FA prLE / r t#14 A-4 .. Printed Name and Title Date 3/4/ t 3 ATTEST: , Yl.,/‘----- f J y A. Jimt. b«Ec-row OF e441,-)E.612-1.41. Printed Name and Title _3/4/ z cz, t 3 Date CITY OF CARMEL,INDIANA BY ITS BOARD OF PUBLIC WORKS AND SAFETY ames Brainard,Presiding Officer Date: 3A //3 ! / rah- Ma y v Burke,Member Date: 3 — c /3 Loris Wat o< ember Date: NAC)/f • ATTEST: Qddito624 ,.Diana L. CordrayX vIC Clerk-Treasurer STATE OF INDIANA ) ��, ) SS: COUNTY OF ./-(�L(1Cp,t UY�/ ) 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 to be the Members of the City of Cannel Board of Public Works and Safety, and Diana L. -orcirayrelerk-Trettsure 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 cc© day 20y (2-64.4.4,3 LA-04-) NOTARY PUBLIC -a-an. fa&u My Commission Expires: Printed Name Y//?//7 My County of Residence: - I in •r Date: 0 6 1 -zt.I\G..., »Av f° PROPOOD'KY EASIMENT EAST PART OF THE N.W.QUARTER,SECTION 10,TOWNSHIP 17 NORTH,RANGE 4 EAST, DELAWARE HAMILTON COUNTY,INDIANA N.E. COR N.W, QUARTER SEC 10T17N-R4E MAC NAIL 70'09.39"W N65-49.07"W N72 41'16"W — - — — — • — — 25.0 -71.26' 2213' —�— — N90 00'00"W N64'43'30"W -N8fi 39'16"W / I AsPNATS MINE 1.65' 25.32' i!IJ.ax PATH - (2;582"W 3454' 6322216 W 97.25 :n o N87'5130 W / • 6 E 02"W 205.93' 204.52' !83.75' / ' C/_ _S8 4 W --- -- WAllt PATH N8915'57"W 124.09' N89'56'20"W N O_ N33'05'21"W / -_- --468.95' _2744_ 37.17' 62W 556'45'00"W 29.33' / 1-1 N38'2 16"W 123.67 N54'49'13 — — ` OF CENTERUNE 721't 6411' r + DESCRIPTION 1 .i F- --I- — -+ - //(_—_�_- -1-I-_-1.0FFFF..0. UNE 1 O GRAPHIC SCALE ix7 0 100' 200' 400' 2/14/13 SCALE : 1" = 200' R.L.S. LS20400007 DATE "THIS DRAWING IS NOT INTENDED TO BE °��■ MILLER SURVEYING INC. REPRESENTED AS A RETRACEMENT OR AN ORIGINAL BOUNDARY SURVEY, A ROUTE NOB CONNER NA 46060 SURVEY OR A SURVEYOR LOCATION — PK ¢(317)773-2844 FAX 773-2ec4 REPORT" LOCATION: DRAWN BY: SW 'CHK'D BY: KNA THIS SURVEY IS NOT COMPLETE AND/OR P sf..HAMILTON ODES• 10-17-4 SCALE: 1"a 200' FIELD BOOK DilAWATRE TCP. LETED COUNTY, INDIANA VALID WITHOUT BOTH PAGES. FIELD WORK COMPLETED:N/A DATE: 2/14/13 PAGE CLIENT:JONES J:HENRY ENGINEERING JOB NUMBER SURVEY 4 FILE P6et1Ga 1 ®FC 2 DESCRIPRON: 20' FI8ER OPTIC UNE EASEMENT B34393 IBH r °A" PROPOW 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. `aa11m1nuuu�,,�i No. ;Ln 020400007:m5 STALE OF ���uuempuUl��' �� 2/14/13 RA-S. LS20400007 DATE: 'THIS DRAWING IS NOT INTENDED TO BE REPRESENTED AS A RETRACEMENT OR AN "0:•1 MILLER SURVEYING INC. 948 CONNER STREET ORIGINAL BOUNDARY SURVEY, A ROUTE NOBLESVILLE INDIAN 46060 SURVEY OR A SURVEYOR LOCATION PH. A(317)773-2644 FAX 773-2694 REPORT" LOCATION: DRAWN BY: WA IMO B?: Lau PPRf OF WE IM QUARTER, 10-17-4 sum I..30O' FtEI o BOOx: THIS SURVEY IS NOT COMPLETE AND/OR DELAWARE MP.,IWB.TON COIRRY,HAW ANA VALID WITHOUT BOTH PAGES. FIELD WORK COMPLETED:N/A DATE: 2/14/13 PACE: PAGECUENi:JONES&HENRY ENGINEERING JOB HUMBER SURVEY 4 F11E: PAGE 2 ®� 2 DESCRIPTION: 2o' F ER oRnc uNE EASEMENT B34393 ember ADOPTED by the Common Council of the City of Carmel, Indiana this /5 day of (tp4A1 2013, by a vote of 7 ayes and d nays. COMMON COUNCIL FOR THE CITY OF CARMEL OP — ) AtAiddit ;If' Presiding Of-c r ' evin D. Rider C /V Richard L. Sha{p, Presi edit Pro Tempore Carol Sc lleif x -' R. ald E. Carter W. Eri/Seidnsticke lam.- dr.0 inka%� Luci _ yder W if dier_dia- - ■114e..1-.•gd■ ,=:;/----6-A----- ATTEST: • 1 • ' g Diana L. Cordray, IAMC, Clerk-T4asurer Presented by me to the Mayor of the City of Cannel, Indiana this I L day of Q , -Q 2013, at i I 3i-i A-.M. /9 jtAdL.)A, 4), •, 4, Diana L. Cordray, IAMC, Clerk-Tr- rer Approved by me, Mayor of the City of Carmel, Indiana, thiso?'/ day of 2013, at /.3 8 PM. l46-e-e- aae: 1 J 9s Brainard, Mayor ATTEST: 4/2■1,4.% i Diana L. Cordray, IAMC, Cler treasurer