D-1606-02 Enhanced 911 Carmel/Ham.Co. ,- ~!~ SPON,. _ ,,~(S): Councilor Battreall
oRDINANCE NO. D-1606-02
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, APPROVING AND ADOPTING INTERLOCAL AGREEMENT
WIIEREAS, Indiana 'Code 36-1-7 authorizes cooperative endeavors between
municipalities so as to better and more economically and. efficiently serve the public health,
safety and welfare; and
WHEREAS, Indiana Co:de 36-1-7-2 ~uthorizes the Common Council to approve such
"interiocal agreements;" and
WHEREAS, the "interlocal agreement" by and between 'the City of Carmel, Indiana and
Hamilton County, Indiana, pertaining to the sharing of frequencies as part of the Enhanced 911
System, a copy of which is attached herdto and incorporated herein as Exhibit A ("Interlocal
Agreement"), is in the best interests of the City of Carmel and its residents.
NOTM, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
Section 1. The foregoing Recitals are fully incorporated herein by this reference. ·
Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the
Common Council of the City of Carmel, Indiana.
Section 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 law.
Section 4. This Ordinance shall be in full force and effect from and after the date of its
. passage, execution bythe Mayor and such publication as is required by law.
PASSED by the Common Council of the City of Carmel, Indiana, this I~day of __
~,_ JV0YOIL~ILf', 2002, by a vote of Itl ayes and ~ nays.
200500014392
Filed ¢or Record in
HAMILTON COUNTY, INDIANA
JENNIFER J NAYDEN
03-09-2005 At 09:20
ORDINANCE 25.00
Prepared by Douglas C, Haney, Carmel City Attorney
~D-1606-02
SPONSOR(S): Councilor Battreall
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
..~onald E. Carter
ATTEST:
Presented by me to.th, Mayor 9fthe City of Carmel, Indiana, at //.'ff'~ . o'clock ~
m. on the24 $¢ day of [x'4t}'~'t~ , 2002. '
Deputy Clerk for
2 i~:q Approved by me, M~yor of the City of Cannel, Indiana, at--///~' o'clock :~. m. this
day of ffYVc~ /~>~ ,2002.
Jognes Brainard, Mayor
ATTEST:
Diana L. Cordray,UlAMC, Clerk~e~surer
Prepared by Douglas C. Haney, Carmel City Attorney
tD-1606-02
INTERLOCAL AGREEMENT BE~EEN THE CITY OF CARMEL AND HAMILTON COUNTY,
INDIANA~ CONCERNING E911 FREQUENCIES
WITNESSETH THAT:
WHEREAS, the City of Carmel, Indiana ("City"), presently owns the licenses to five (5)
radio frequencies issued by the Federal Communication Commission ("Commission") to be used
for police, fire, and other emergency dispatch and communication services for the City, which
radio frequencies are more particularly identified on attached Exhibit A, incorporated herein by
reference ("the City Frequencies"); and
WHEREAS, Hamilton County, Indiana ("County"), acting through the Hamilton County
Sheriff's Department, presently owns the licenses to ten {10) radio frequencies issued by the
Commission to be used for police, tire, and other emergency dispatch and communication
services for the County, which radio frequencies are more particularly identified on attached
Exhibit B, incorporated herein by reference ("the County Frequencies"); and
WHEREAS, the County Frequencies are used by the County and the police and fire
departments of the cities and towns located within the County, other than the City; and
WHEREAS, the County is in the process of issuing bonds to finance the acquisition and
installation of an enhanced communication system which would allow the City Frequencies and
the County Frequencies to be used interchangeably by all public safety entities located within
the County ("the Enhanced System"); and
WHEREAS, in order to construct the Enhanced System, both the City and the County are
consenting to the use of their respective radio frequencies by and between ali of the emergency
police, fire, and emergency dispatch facilities, including 911 services, located within the County;
and
WHEREAS, there may subsequently arise circumstances concerning the Enhanced
System which would cause either the City or the County to chose to withdraw its radio
frequencies from the Enhanced System.
THEREFORE, IT IS AGREED by and between the Common Council of the City of
Carmel, Indiana, acting on behalf of the City, and the Board of Commissioners of Hamilton
County, Indiana, acting on behalf of the County, as follows:
1. This Agreement shall be construed as an Interlocal Agreement pursuant to
Indiana Code 36-1-7.
2. The parties agree to share, as part of the Enhanced System that is presently
being acquired and constructed by the County, the City Frequencies and the County
Frequencies, such sharing to be expressly conditional upon the written approval of the
Commission and the Association of Public Safety Communications Officials, International
("APCO"), as well as upon the terms and conditions of this Agreement.
3. Due to the substantial investment made by the County in the Enhanced
System, the parties agree that said sharing shall continue for a minimum of three (3) years from
the last date on which a party hereto executes this Agreement.
4. Should the City withdraw from participation in the Enhanced System, the
parties agree that the County may continue to maintain the Enhanced System upon the City's
radio tower.
5. Each party shall be solely responsible for the modifications to its existing FCC
public safety license(s) needed to reflect the joint use of the City Frequencies and the County
Frequencies. Such modifications include, but are not limited to, coordination of frequencies
through the APCO and the submission of necessary FCC Form 601 information.
6. After the expiration of the parties' initial three (3) year '?requency sharing"
period, either party may thereafter elect to withdraw from participation in the Enhanced System
at any time, upon one hundred eighty (180) days advanced written notice to the other party.
Upon such withdrawal, the City shall be entitled to the sole and exclusive use of the City
Frequencies as they existed prior to the creation of the Enhanced System, and the County shall
be entitled to the sole and exclusive use of the County Frequencies as they existed prior to the
creation of the Enhanced System. In such event, each party shall be solely responsible for any
and all modification(s) to its FCC license(s) necessary to reflect such sole and exclusive use.
7. In the event there is a dispute between the City, the County and/or the
Commission concerning the terms and conditions of this Agreement, the parties agree that they
will submit that dispute to mediation pursuant to the Indiana Rules of Alternative Dispute
Resolution prior to the initiation of litigation. In the event the parties are unable to agree upon a
mediator for such dispute, the parties agree to alternately strike from a panel of mediators
appointed by the Judge of the Circuit Court of Hamilton County.
SO AGREED.
CAR~EL, CiTY OF
~1 15T
CAR~£L IH
Federal Communtcationl Commission
Wire!e,e Telecommunlcaflofl~ Bureau
RAOIO STATION' AUTHORiZATiON
P~RS
STATION 11CHNICAL SPECIFICA110NS
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