D-1192 Estab Ham Co Hazard TaskAN ORDINANCE OF THE CITY OF CARMEL, INDIANA,
AUTHORIZING THE EXECUTION OF AN INTERLOCAL
AGREEMENT ESTABLISHING THE HAMILTON COUNTY
_HAZARDOUS MATERIALS TASK FORCE
WHEREAS, through the joint efforts of several cities and towns and the County of
Hamilton, the need to provide a quick response team to address hazardous material
incidents throughout Hamilton County has been identified; and,
WHEREAS, the cost of supplying the material and manpower to staff a quick
response team for these purposes is inefficient and overly costly if undertaken by any one
municipal corporation without the assistance of others; and,
WHEREAS, through the efforts of the informal work of the Hazardous Materials
Task Force, an intefiocal agreement has been prepared which provides for the
contributions to be supplied to the Task Force by the various cities and towns as well as
other entities which will serve as contributing members of the Task Force has been
prepared and is found to be reasonable, necessary and appropriate; and,
WHEREAS, the City of Carreel will be directly and immediately benefited from the
creation of and continued support and existence of a Hamilton County Hazardous
Materials Task Force and, therefore, desires to become a contributing member thereof.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Cannel meeting in regular session as follows:
SECTION 1. The Mayor of the City of Carreel is hereby authorized and directed
to execute for and on behalf of the City of Cannel the Inte~ocal Agreement which is
attached hereto, made a part hereof and marked Exhibit A, and to undertake such other
steps as may be necessary to implement said agreement, and the Clerk-Treasurer is hereby
authorized and directed to attest said agreement.
SECTION 2. The Common Council of the City of Carmel hereby agrees to take
whatever steps may be necessary to authorize the contribution required of the City of
Cannel as set forth in said interlocal agreement, including the adoption of a separate
ordinance, if necessary, to fully implement the required contribution as set forth.
SECTION 3. This ordinance shall be in full force and effect from and upon its
adoption in accordance with the law and any ordinances or parts thereof in conflict
herewith are hereby repealed. This ordinance is being undertaken under the provisions of
the Indiana Code authorizing the execution of intefiocal agreements and under the further
authority of the Constitutional provisions of the State of Indiana providing for Home Rule.
ALL OF WHICH IS SO ORDAINED this/9 y of ~,~CE r~be'/', 1995.
CITY OF CAKMEL
BY: x- JP~
Ap roved and signed by the Mayor of the City of Cannel, Hamilton County, Indiana, this
1 ~ ~ day of
, 1995.
Ted John on, Mayor of the
City , .
ATTEST:
/~Clerk-Treasurer
Draft #2
11/10/95
INTERLOCAL AGREEMENT PROVIDING FOR THE
CREATION OF THE HAMILTON COUNTY HAZARDOUS
MATERIALS TASK FORCE
In consideration of the mutual covenants hereinafter set forth and the mutual
benefits to be derived therefrom, the undersigned do hereby establish the Hamilton County
Hazardous Materials Task Force, all subject to the terms and conditions set out hereafter:
SECTION 1. PURPOSE. The purpose for which the Hamilton County
Hazardous Materials Task Force is being formed is to provide for the efficient,
coordinated and trained response to hazardous materials incidents within the borders of
Hamilton County, including all of its cities and towns. Each of the participant members
recognizes and acknowledges that no one municipal corporation can reasonably afford the
cost or time to fully equip, maintain and staff a hazardous materials team strictly for the
benefit of their community and that there are cost savings as well as other economies of
scale achieved through a collective effort to meet the public safety requirements associated
with a hazardous materials incident. It is with this purpose in mind that the undersigned
contributing members have entered into this Intefiocal Agreement.
SECTION 2. GOVERNING ORGANIZATION. The Hamilton County
Hazardous Materials Task Force shall be governed by a Board of Trustees. Each public
entity contributing member, whether a part of the charter membership or added hereafter,
shall be entitled to appoint one representative to the Board of Trustees of the Task Force.
With respect to those members which operate a fire department, the Fire Chief shall be the
designated representative to the Task Force. With regard to those contributing members
which do not operate a fire department, an elected representative of the executive or fiscal
branches of government shall be the designated representative; except, in the case of the
Hamilton County Emergency Management Agency, its Director shall be the
representative, and, in the case of the Hamilton County Local Emergency Planning
Committee, its Chairperson shall be the representative. In the case of a nonpublic
entity which becomes a contributing member hereafter, such entity shall appoint its
representative in its sole discretion. From its duly appointed membership, the Task
Force shall select the following officers:
(a) A Chairperson who responsibilities shall be to conduct meetings, appoint
such committees as may be necessary to carry out the business of the Task Force and to
otherwise direct the operations of the Task Force, all subject to the further powers and
responsibilities delineated in the By-Laws which shall be adopted by the Board of Trustees
upon their appointment.
(b) A Secretary-Treasurer who shall be responsible for maintaining minutes of
the regular meetings of the Task Force and further, for maintaining books and records of
account showing the income and expenditures of the Task Force, all in accordance with
Indiana law and such rules as may be applicable established by the Indiana State Board of
Accounts.
(c) Such other officers and/or liason non-voting representatives as the
Board of Trustees may in its absolute discretion, deem appropriate and necessary for the
proper conduct of the business of the Task Force.
SECTION 3. CHARTER MEMBERSHIP AND DESIGNATION OF
CONTRIBUTIONS. The charter membership of the Hamikon County Hazardous
Materials Task Force shall consist of the following governmental entities and the initial
contributions made by such entities to the Task Force are set forth opposite their names:
Governmental Entity
The City of Noblesville
Initial Contribution
The Town of Fishers
The City of Carreel
The Town of West~eld
The Town of Cicero
Town of Sheridan
Town of Arcadia
Town of Atlanta
The County of Hamilton/Hamilton County
Emergency Management Agency
Hamilton County Local Emergency
Planning Committee
Upon the inauguration of the Hamilton County Hazardous Materials Task Force
and the appointment of its Board of Trustees, additional governmental public entities or
non governmental/private entities may be permitted to join upon the adoption of the
appropriate ordinance or other enabling action, resolution, motion or the like, and, the
execution of this Interlocal Agreement (which may be done in counterparts) and upon
the contribution in cash, kind or services as deemed reasonable and sufficient by the Board
of Trustees in the exercise of its discretion. The considerations and understandings
which form the basis for the addition of new members, either public or private, shall
be in writing and approved by the parties thereto before the Interlocal Agreement is
executed so that the expectations of the parties are clearly understood before the
new member officially joins the Task Force.
SECTION 4. PROVISION FOR CONDUCT OF THE AFFAIRS OF THE
TASK FORCE AND TERMINATION OF MEMBERSHIPS. The Board of
Trustees shall adopt By-Laws to regulate and govern the ongoing responsibilities of` the
Task Force. A simple majority of` the total membership shall be required to adopt the By-
Laws or to amend the By-Laws from time to time by deleting, changing or adding such
provisions as may be necessary for the proper and efficient operation of` the Task Force.
The Board of'Trustees shall have the authority necessary to take such steps as may be
required from time to time by Indiana law in order to meet the objectives set forth in the
purpose clause above. The Hamilton County Hazardous Materials Task Force is
recognized as a collective product of` the contributing members and, as such, act strictly
under the authority granted to each of` its contributing members by State law. For this
purpose, any physical assets which may be contributed to the Task Force by a public
member for its use in furtherance of` its purposes, shall remain in title to the contributing
public member and only the equitable title authorizing possession of` such items shall pass
to the Task Force for its use. Any non-public contributions shall become the property
of the Task Force; however, no proprietary interest is created in any participating
member in such contributed assets and, upon withdrawal, any assets of the Task
Force to which it holds title shall not be distributed to such withdrawing member
but they shall remain the property of the Task Force. In the event of the dissolution
of the Task Force by agreement of the participants, any asset which is then titled to
the Task Force legally (in other words, not the property of a contributing member)
shall be donated to the Hamilton County Local Emergency Planning Committee.
Should any member, either charter or added hereafter, fail to meet its responsibilities to
the Task Force, either through the continued contributions of men or material, upon a
three-fourths majority vote of theTrustees, a membership may be terminated. Upon
termination, any property of such withdrawing member in the possession of the Task
Force shall be returned to such withdrawing member immediately. A member may
withdraw from participation in the Task Force by adopting an ordinance rescinding the
enabling ordinance which gave rise to the authority to execute this Intefiocal Agreement
or the appropriate action required to rescind the original enabling action, whatever
that might be, and upon not less than One Hundred Eighty Days (180) days notice to
all other members. The parties agree that such time period is reasonable and
necessary to properly provide for the replacement, if necessary, if the equipment,
material or manpower which will be removed by the withdrawing Member. No
other cause shall be required for withdrawal from the Task Force after notice has been
given.
SECTION 5. HAMILTON COUNTY DISASTER PLAN, HAZARDOUS
MATERIALS ANNEX. The Hamilton County Disaster Plan and, in particular, the
Hazardous Materials Annexed thereto, as it may be amended from time to time by the
Hamilton County Local Emergency Planning Committee, is hereby adopted by the
Task Force as the general response plan for hazardous materials incidents. The Board of
Trustees shall have the authority to provide for operating procedures and policies as
they see fit to fulfill the. mission and purpose for which the Task Force has been created
and to amend such policies and procedures as may be necessary from time to time in
accordance with the provisions of their by-laws.
SECTION 6. INITIATION. The organization of the Trustees and the election
of officers shall occur at 6 P.M. on the first Tuesday following the 60th day after the
execution of this Inte~ocal Agreement by at least 50% of the charter contributing
members. All prospective charter contributing members shall be notified of the
execution of this Interlocal Agreement by the 4th member, which shall constitute the
number necessary to meet the minimum 50% requirement and the date certain
resulting from this provision for the organization of the Board shall be given in said
notice.
SECTION 7. INSURANCE. Each public entity contributing member shall
provide written confirmation that their comprehensive liability insurance coverage will
insure losses experienced by said public entity contributing member while participating in
hazardous materials task force responses. This requirement shall supercede any other
limitations established by statute, ordinance or contract. It is the intent of this provision
that each public entity contributing member shall be responsible for any and all losses
experienced as a participant regardless of where the loss occurs.
IN WITNESS WHEREOF, the undersigned have executed this Inte~ocal
Agreement with the full authority of the government entity which they represent this
day of ,1995.
CITY OF NOBLESVILLE
BY:
Mayor, City of Noblesville
ATTEST:
Clerk-Treasurer, City of Noblesville
Walter F. Kelly
Roy G. Holland
James P. Roederer
David C. Gingrich
Deborah H. Heckart
Town Council of the Town of Fishers,
Hamilton County, Indiana
ATTEST:
Linda Gaye Cordell,
Clerk-Treasurer
CITY OF CARMEL
BY:
Approved and signed by the Mayor of the City of Carreel, Hamilton County, Indiana, this
!_!_~-day of I'~'o, rt bj/', 1995.
Ted Johnsbn, Mayor of the
City of Ca~xl.
ATTEST:
Clerk-Treasurer
TOWN OF CICERO
BY:
ATTEST:
Clerk-Treasurer
TOWN OF AKCADIA
BY:
ATTEST:
Clerk-Treasurer
TOWN OF ATLANTA, INDIANA
BY:
ATTEST:
Clerk-Treasurer
TOWN OF SHERIDAN, INDIANA
BY:
ATTEST:
Clerk-Treasurer
10
TOWN OF WESTFIELD, INDIANA
BY:
ATTEST:
Clerk-Treasurer
BOARD OF COMMISSIONERS OF
HAMILTON COUNTY, INDIANA
BY:
ATTEST:
Jon M. Ogle, Auditor
G:\CLIENTS~M-R~OBLESVIXHAZINTLO.DOC
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