Interl Carmel/Westfield/146th INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL.
THE TOWN OF WESTFIELD. AND
HAMILTON COUNTY. INDIANA. CONCERNING 146TH STREET
WITNESS THAT:
WHEREAS, Hamilton County, Indiana, acting through its Board of
Commissioners (hereinafter referred to as "the County"), is
responsible for maintaining the roads, and road rights-of-way, for
all unincorporated areas within Hamilton County, Indiana; and,
WHEP~EAS, 146th Street is one of the roads within Hamilton
County which the Board of Commissioners of Hamilton County have
maintained; and,
WHEREAS, the city of Carmel (hereinafter referred to as "the
City") has, and will in the future, annex certain areas along the
southern boundary of 146th Street; and,
WHEREAS, the Town of Westfield (hereinafter referred to as
"the Town") has, and will in the future, annex certain areas along
the southern boundary of 146th Street; and,
W}{EREAS, Indiana Code 36-4-3-13(d) (4) requires a municipality
to maintain streets and roads within the areas which it annexes;
and,
WHEREAS, notwithstanding the terms of 36-4-3-13(d) (4), the
City, the Town, and the County are desirous of entering into an
agreement whereby the County will continue to be responsible for
the construction, improvement, and maintenance of 146th Street for
the portion of 146th Street which is contiguous to or within the
boundaries of the City and the Town.
IT IS THEREBY AGREED AS FOLLOWS:
1. Hamilton County shall continue to maintain, improve, and
construct the improvements for 146th Street throughout Hamilton
County, including areas which have been heretofore annexed into the
city of Carmel and the Town of Westfield.
2. The city and the Town agree to de-annex any portion of
the right-of-way of 146th Street annexed up to this date and agree
not to annex any part of the existing, or proposed, right-of-way in
the future.
3. In the event the City or the Town annexes additional
land, either contiguous to, or co-terminus with, the 146th right-
of-way, Hamilton County shall continue to be responsible for the
maintenance, construction, and improvement of 146th Street.
4. The County will retain the authority to control all work
in the 146th Street right-of-way through its permit process,
including, but not limited to, drive ways, road cuts, parallel work
in the pavement, pole line installation, utility work, house moving
and construction of the road.
5. Neither the City nor the Town will claim any existing
road mileage which they have annexed for 146th Street nor any
additional road mileage for 146th Street, and shall advise the
State of Indiana to return all sections of 146th Street currently
in the inventory of the City or Town to the County's inventory.
6. The Thoroughfare Plan of the City and the Town shall
defer to the Hamilton County Thoroughfare Plan, for purposes of
road classification and right-of-way requirements, unless the City
or Town's Thoroughfare Plans indicate higher requirements.
7.' The county will be the authority to establish t~affio
control devices and signets on 146th Street.
8. · Nothing herein shall be construed to impose a duty upon
Hamilton'Cou~y to construct any additions or improvements to 146th
Street.
9. · Nothing herein shall prevent Hamilton County from ......
entering into agreements with the City, the Town, or any other
municipality· to. pa~ticipat'e in the costs of constructing
improvements for 146th Street.
10. This Agreement shall be in full force and'effect upon
approval by 'the Board of 'WOrks of the City of Carmel, the Town
Council of'the ToWn of Westfield, and the Board of Commissioners Of
Hamilton county.
"' BOARD OF COMI~ISSIONERS OF
HAMILTON~UNTY .
Steven C..Dillinger!
Stev~..HoYt -
Dated
Jon M~/Ogle', ~ditor
Dated=
ATTEST:
Cler]c-Treaeurer
CITY OF CAP/4~L BY THEIR ~OARD OF
PUBLIC WORKS
ATTEST
Cl~r~-Treasurer
TOWN COtTNCIL OF THE TOWN OF
~.WESTFIELD