D-1515-01 Monon TrailSponsor: Councilor Carter
ORDINANCE NO, D-15. t5-01
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CARMEL, INDIANA,
AND HAMILTON COUNTY, INDIANA,
CONCERNING THE MONON TRAIL
This Interlocal Cooperation Agreement Chereinafter referred to as the "Agreement") is made and
entered into on the dates contained herein,by and between the City of Carmel, Indiana, acting by and through
its Common Council (hereinafter referred to as the "City"), and Hamilton County, Indiana, acting by and
through its Board of Commissioners (hereinafter referred to as the "County").
WITNESSETH:
WHEREAS, the County i s responsible, through its Hamilton County Sheriff s Department (hereinafter
referred to as the "Sheriff' s Department"), for law enforcement within Hamilton County, Indiana; and
WHEREAS, the City has begun construction of a linear park and recreational trail to be known as the
Monon Trail (hereinafter referred to as the "Morton Trail"); and
WHEREAS, the Monon Trail will extend from 961h Street to 146m Street in Hamilton County, Indiana,
generally along the abandoned CSX rail bed; and
WHEREAS, portions of the Monon Trail are within Hamilton County's law ~nforcementjudsdiction;
and
WHEREAS, portions of the Monon Trail extend beyond the corporate limits of the City and beyond
the general jurisdiction of the City's Metropolitan Police Department (hereinafter referred to as the "Police
Department"); and
WHEREAS, when completed, the Monon Trail will require periodic patrolling and prompt service
call responses from a law enforcement agency; and
WHEREAS, the Police Department will patrol the Monon Trail within the City' s corporate limits, and
has sufficient resources and personnel to patrol the entire Monon Trail; and
WHEREAS, Indiana Code Sections 36-I-7-3 and 36-1-7-7 authorize and allow govemmental units
to enter into agreements regarding the provision of law enforcement services; and
WHEREAS, it is in the best interest of the City and the County to now agree upon an arrangement
whereby their respective law enforcement agencies can coordinate their response to requests for and the
provision of law enforcement services on the Monon Trail.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the
County HEREBY AGREE as follows:
Section 1 Recitals.
The foregoing recitals are fully incorporated herein by this reference.
Section 2 Law Enforcement Services.
On and after the effective date of this Agreement, and for as long as this Agreement shall
remain in effect, the Police Department is authorized by the County to and shall have primary
responsibility for patrolling the Monon Trail from and including 96th Street to and including
146th Street in Hamilton County, Indiana. The Sheriffs Department shall retain primary
responsibility for responding to routine service calls and emergency runs, for criminal
investigations, and for all other duties and responsibilities it now has as regards the Monon
Trail, except for the actual physical patrolling of the Morton Trail.
Section 3 Powers and Duties.
All swom Police Department officers shall have the same powers and duties as Sheriffs
Departnaent deputies when they are engaged in law enforcement activities on the Monon Trail
in areas outside the City's corporate boundaries, and are at such times subject to all the
provisions of law as if they were providIng services within their own jurisdiction. The City
shall remain responsible for the conduct of all Police DeparUnent officers when they are
patrolling the Monon Trail pursuant to this Agreement, as well as the medical expenses and
worker's compensation benefits of such personnel.
Section 4 Duration.
Section 5
Section 6
This Agreement shall be in full force and effect from and after the date on which a fully
executed copy of same is recorded in the Hamilton County Recorder's Office, and shall
thereafter remain in full force and effect until ninety (90) days from the date on which either
party serves a written Notice Of Termination on the other party by certi fled mail, return receipt
requested, or by hand-delivery.
Project ManaEer.
The City shall act as the Project Manager with respect to the terms of this Agreement and shall
finance, staff, supply, acquire, hold and dispose of any real or personal property used pursuant
to this Agreement, and ma'mtain a budget for the undertaking herein described.
Administration.
The City and the County will separately finance, staff, supply and budget for the needs of their
respective personnel related hereto, and will neither purchase, procure nor use any joint real,
personal or other property under or pursuant to this Agreement. The Board shall have the
power to take such actions as, in its sole discretion, are necessary to carry out the purpose of
this Agreement, except that the Board shall have no power to enter into contracts, hire
employees, purchase or otherwise acquire property, incur debt, bind the City and/or the County
in any manner whatsoever without the prior written consent of same, fill vacancies on the
Board or take any action that violates federal or Indiana law.
Section 7 Recordation.
Section 8
Section 9
This Agreement shall be recorded by the City in the Hamilton County Recorder's Office after
approval by the fiscal bodies of the City and the County, and shall also be filed with the State
Board of Accounts pursuant to IC 36-1-7-6.
Department Powers and Authority Not Affected.
Nothing in this Agreement shall be construed as nor does limit the law enforcement powers,
jurisdiction and authority 9feither the Police Department or the Sheriffs Department as same
are established by law.
Successors and Assigns.
Insofar as authorized by law, this Agreement shall be binding upon the parties and their
successors and assigns.
Section 10
Nothing herein shall be construed as an agreement of or by the City of Carmel, the Police
Department, the County, the Sheriffs Department, or any of them, to undertake any
affirmative law enforcement acts, which undertaking would impose a private duty upon any
of the above entities for the benefit of any third party.
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IN WITNESS WHEREOF, the parties have executed this Agreement as follows:
COMMON COUNCIL
OF THE CITY OF CARMEL, INDIANA
Date:
P~obert Battreall, Member
Date:
onald E. C r, fe~be/~f
Date:~- ~ I ' o /
Da e-er,
ATTE~%
BOARD OF COMMISSIONERS
OF HAMILTON COUNTY, INDIANA
BY: dl
Date:
Sharon R. Clark
Date:
ATTEST:
Robin M.~lills, Hamilton County Auditor
Date: Lt - ci'- C' ~
Prepared by Douglas C. Haney, Carmel City Attorney
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