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Home My WebLink AboutCC-04-15-13-01 WITHDRAWN/Crooked Stick Estates Interlocal Agmt with HC Drainage Board SPONSOR: Councilor Sharp RESOLUTION CC-04-15-13-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, I IANA, APPROVING AND ADOPTING INTERLOCAL AGREEMENT BETWEEN THE AMILTON COUNTY DRAINAGE BOARD AND THE CITY OF CARMEL REGARDING CONSTRUCTION OF DRAINAGE IMPROVEMENTS WITHIN CROOKED STICK E 3:, SECTION 4 \ rt\b\ WHEREAS, Indiana Code 36-1-7 authorizes cooperative ende vorsVe ; een governmental entities so as to better and more economically and efficiently serve the public hea th, s. 'ety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the Co o Co ncil to approve such "interlocal agreements;" and WHEREAS, a certain interlocal cooperation agree e be •een the City of Carmel, Indiana ("City") and the Hamilton County Drainage Board, a copy o whi i a tached hereto and incorporated herein as Exhibit A ("Interlocal Agreement"), pertains to the tru ti r of drainage improvements within Crooked Stick Estates, Section 4; and WHEREAS, it is in the public intere to a r v. the Interlocal Agreement. NOW, THEREFORE, BE IT O V;" 1 by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recllals are corporated herein by this reference. Section 2. The Interlocal A . een ,nt should be and is hereby approved and adopted by the Common Council of the City of Ca A el, , d':na Section 3. This Res* •tip shall become effective on and after the date and time it is properly approved and signed by a majo of the members of the Carmel Common Council. PASSED by the Co r mon Council of the City of Cannel, Indiana, this day of , 2013, by a vote of ayes and nays. Page One of Two Pa:es This -,•solution was prepared by Douglas C. Haney,Carmel City Attorney,on 03/12/13 at 10:42 a.m. No subsequent revision to this Resolution has .een reviewed by Mr.Haney for legal sufficiency or otherwise. Z\.:ass\My Documents\Resolutions-CCC12013\CROOKED STICK Drainage Interlocal-HC.docx3/18/2013 1:33 PM SPONSOR: Councilor Sharp COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin D. Rider Richard L. Sharp, President Pro Tempore Carol Schleif Ronald E. Carter W. Eric Seidensticker Sue Finkam Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of 2013, at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me, the Mayor of the City of Carmel, Indiana, this day of 2013, at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Resolution CC-04-15-13-01 Page Two of Two Pages This Resolution was prepared by Douglas C.Haney,Carmel City Attorney,on 03/12/13 at 10:42 a.m.No subsequent revision to this Resolution has been reviewed by Mr.Haney for legal sufficiency or otherwise. Z:\E Bass\My Documents\Resolutions-CCC\2013\CROOKED STICK Drainage Interlace!-HC docx3/18/20131.33 PM INTERLOCAL AGREEMENT BETWEEN THE HAMILTON COUNTY DRAINAGE BOARD AND THE CITY OF CARMEL REGARDING THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS WITHIN CROOKED STICK ESTATES, SECTION 4 WITNESS THAT: WHEREAS, in March of 2010, the Hamilton County Drainage Board, ("the Drainage Board") was petitioned by several property owners to explore solutions to improve drainage along Prestwick Lane in Crooked Stick Estates, Section 4; and, WHEREAS, after investigation, the Drainage Board received a recommendation from the Hamilton County Surveyor on March 8, 2011, concerning potential resolutions of the drainage problem, a copy of said report is attached hereto and marked Exhibit A; and, WHREAS, subsequent to notice and hearing as required by law, the Drainage Board approved the construction of a Drainage Project("the Project") by issuing its Findings and Order for Reconstruction of the Clay Creek Drain, Crooked Stick Estates, Section 4, Arm 1 on the 25th day of April, 2011, ("the Order") a copy of which is attached as Exhibit B; and, WHEREAS, subsequent thereto, Richard Hall, Tamara Hall, David Leeman and Jacqueline Leeman, ("the Remonstrators") requested the Drainage Board to reconsider the April 25, 2011, Order, primarily because the Order would have resulted in the replacement of a drainage pipe within a platted, dedicated drainage easement located on Mr. and Mrs. Hall's lot, which easement existed for thirty (35) years prior to Mr. and Mrs. Hall purchasing the lot; and, WHEREAS, on the 24th day of August, 2011, the Remonstrators filed a Complaint in the Hamilton Superior Court No. 1, for a judicial review of the Order of the Drainage Board and other relief; and, WHEREAS, representatives of the Remonstrators appeared before the Carmel City Council on the 5th day of December, 2011, which appearance resulted in the City Council approving Resolution CC-12-05-11-03, which, among other things, found that the City had exclusive jurisdiction with respect to drainage in Crooked Stick Estates, notwithstanding the fact that the Drainage Board had not relinquished jurisdiction pursuant to Indiana Code 36-9-27-20; and, WHEREAS, on the 9th day of April, 2012, the Drainage Board met in joint session with the Carmel City Council to discuss potential modifications to the Project which would address the drainage problem within Crooked Stick Estates, Section 4, without using the platted, pre- existing drainage easement through Mr. and Mrs. Hall's property; and, WHEREAS, subsequent to the meeting with the Carmel City Council, the Drainage Board retained Christopher Burke and Associates to explore an alternative method to address the drainage issues in Crooked Stick Estates, Section 4; and, WHEREAS, a copy of the Preliminary Engineering Report of Christopher Burke which provides an alternative plan ("the Alternative Project") to address the drainage issues in Crooked Stick Estates, Section 4, is attached as Exhibit C and, WHEREAS, the Carmel City Council and the Drainage Board are desirous of improving the drainage issues within Crooked Stick Estates, Section 4, which was identified by both the Hamilton County Surveyor's Office and the Carmel Engineering Department in 2010. IT IS THEREBY AGREED by and between the parties as follows: 1. The Drainage Board agrees to authorize preparation of plans, to receive bids, and to manage the construction for the Alternative Project as described in the attached Exhibit C. 2. The City of Carmel agrees to pay the costs of the design and construction of the Alternative Project in an amount not to exceed One Hundred Eighty-four Thousand Three Hundred Eleven Dollars ($184,311), based on the submission of invoices approved by the Hamilton County Surveyor and tendered to the Carmel City Engineer. 3. The City agrees to provide all future maintenance, and/or replacement for the pump and pump station described in the Alternative Plan. 4. The Drainage Board waives and relinquishes all authority that it has to construct or replace any drainage improvements, pipes, or structures through the dedicated drainage easement ("the Hall Easement") along the east property line for Lot 65 of Crooked Stick Estates, Section 4, (Lot 65), presently owned by Mr. and Mrs. Hall. The parties further acknowledge that if there is any subsequent need to replace the aging drainage pipe through said easement on Mr. and Mrs. Hall's lot, the Drainage Board is released from any duty to replace the pipe, and/or to construct or reconstruct any drainage structures which might be necessary to provide drainage to Prestwick Circle or any other land in Crooked Stick Estates, Section 4, through said easement. 5. The City of Carmel agrees that any costs necessary to replace or repair the existing drainage pipe through Mr. and Mrs. Hall's lot, shall be paid by Mr. and Mrs. Hall, or their successors in title to Lot 65; unless the City of Carmel voluntarily agrees to pay those costs. 6. In the event any disputes arise concerning the issues in this Interlocal Agreement, those issues shall be informally discussed by the Carmel City Engineer; the Mayor of Carmel or his designee;the Hamilton County Surveyor; and a designated member of the Drainage Board. 7. In the event the City and the County have disputes not resolved by the representatives listed in Section 6 above, the parties agree to submit the dispute to mediation under the Indiana Rules of Alternative Dispute Resolution prior to the initiation of litigation. The dispute procedures listed in Section 6 above, shall not be construed as a final administrative procedure or remedy under the Law. Section 6 above is merely an avenue for the Drainage Board and City of Carmel to attempt to resolve any dispute prior to formal mediation under the Indiana Rules of Alternative Dispute Resolution. 8. This Agreement shall be construed as an Interlocal Agreement under the terms of Indiana Code 36-1-7 and shall be effective upon approval of the Drainage Board and the legislative and fiscal bodies of Hamilton County and the City of Carmel. ALL OF WHICH IS AGREED by and between the parties on the dates set out herein. HAMILTON COUNTY DRAINAGE BOARD Dated: �3/// / gtit Steven C. Dillinger C -stine,�ltman � � A42aj Steven A. Holt ATTEST: e. e Mosbau:%'Secretary ALL OF WHICH IS AGREED by the Common Council of the City of Carmel this day of , , by a vote of ayes and nays. COMMON COUNCIL FOR THE CITY OF CARMEL Presiding Officer Kevin Rider Richard L. Sharp, President Pro Tempore Carol Schleif Ronald E. Carter W. Eric Seidensticker Sue Finkam Luci Snyder ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Presented by me to the Mayor of the City of Carmel, Indiana this day of , , at .M. Diana L. Cordray, IAMC, Clerk-Treasurer Approved by me,the Mayor of the City of Carmel, Indiana, this day of , , at .M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer I affirm,under the penalties of perjury,that I have taken reasonable care to redact each social security number in the document, unless required by law. Michael A.Howard This instrument prepared by Michael A.Howard,Attorney at Law,694 Logan Street,Noblesville,Indiana,46060,773-4212. i- ' . • County of Hamilton ;_ v �, State of Indiana Christine Altman Commissioner District 1 Steven C. Dillinger Commissioner District 2 Mark Heirbrandt Commissioner District 3 May 28, 2013 Honorable James Brainard Members of the Carmel City Council Carmel City Hall One Civic Square Carmel, IN 46032 Re: Interlocal Agreements for Reconstruction of Drains for Bridlebourne and Crooked Stick As Commissioner Altman discussed with your Utility Sub Committee several weeks ago, the Drainage Board was awaiting your action on the Crooked Stick Interlocal Agreement at the May 20th meeting. We understand that this item remains tabled. Therefore, we are withdrawing our previous offers for both projects. If your council desires to move forward with both projects, we would consider doing so. However, we have spent numerous hours of the Surveyor's staff and substantial funds to resolve these two issues. Unless both issues can be resolved, we will not be moving forward with either project. BOARD OF COMMISSIONERS OF HAMILTON COUNTY s /A' 4 .-- v, �� 1! Steve r. ► lin .J C 'stine Altman Mark E. He brandt One Hamilton County Square • Hamilton County Government & Judicial Center • Noblesville, Indiana 46060 317-776-9719