D-1733-04 Interlocal C-260 Roads200400078557
File. d For Record in
NAMILTON COUNI'Y~ INDIANA
JENNIFER J HAYDEN
11-19-2004 At 05:35 a~.
ORDINANCE 15,00
ORDINANCE NO. D-1733-04
Sponsor: Councilor Kirby
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ INDIANA~
APPROVING AND ADOPTING 1NTERLOCAL AGREEMENT
WHEREAS, Indiana Code 36-1-7 authorizes cooperative endeavors between governmental
entities so as to better and more economically and efficiently serve the public health, safety and
welfare; and
WHEREAS, Indiana Code 36-1-7-2 authorizes the Common Council to approve such
"interlocal agreements;" and
WHEREAS, the "interlocal agreement" by and between Hamilton County, Indiana, by its
Board of Commissioners, and the City of Carmel, Indiana, regarding maintenance of those streets
affected by City of Carmel Ordinance No. C-260, a copy of which interlocal agreement is attached
hereto and incorporated herein as Exhibit A (the "Interlocal Agreement"), is in the best interests of
the City of Carmel and its residents.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel,
Indiana, that:
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 the office of the State Auditor within the time periods
established by Indiana Code 36-1-7-6.
Section 4. This Ordinance shall be in full force and effect from and after the date of its
passage, execution by the Mayor and such publication as is required by law.
PASSED by the Common Council of the City of Carmel, Indiana this { .5 day of f~ ,
2004, by a vote of ty ayes and (~ nays.
[il. ed for. R. ecor'd ia
HANILI-ON COUNTYr II'IOlAIqa
JEiqNIFER J HAYDEN
DJ-: D t N ANCE 15, O0
Page One of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
Sponsor: Councilor Kirby
Fr
COMMON C~OUNCIL FOR THE CITY OF CARMEL
,Off,er K //
~ayo~~,~
Rich~d L.tSh~- ~
Diana L. Cordray, IAMC, Clerkf/~asurer
~ Presented b.y~,(e~, the Mayor of the City of Carmel, indiana, at ~. ~? ~ o'clock~, m.
the Z. ffday of ~(-/~r~4~?~.~,/, 2004.
Diana L. Cordray, tAMC, Clerk-f~easurer
on
-~p_p_. roved by. me, Mayo,~ o.f, the City of Carmel, Indian~a, at ~/c ,~o'clock/Cm. this_ day of
J~es Brainard, Mayo
ATTEST: ~
Diana L. Cordray, IAMC Clerk-T vet
Ordinance No. D-1733-04
Page Two of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
INTERLOCAL AGREEMENT CONCERNING THE MAINTENANCE
OF CERTAIN STREETS WITHIN CLAY TOWNSHIP
This Agreement entered into on the date set out herein, by and between the
Board of Commissioners of Hamilton County, acting on behalf of Hamilton County,
Indiana, ("the County") and the City of Carmel, acting by and through its Common
Council ("City").
WITNESS THAT:
WHEREAS, the City of Carmel annexed a substantial portion of Clay Township
pursuant to Ordinance No. C-260 ("the Ordinance"); and,
WHEREAS, the Ordinance became effective on December 9, 2003; and,
WHEREAS, pursuant to Indiana Code 36-9-6-2, the City has a duty to maintain
streets within its boundaries; and,
WHEREAS, the City, and the County are desirous of entering into an Agreement
whereby the County, acting through the Hamilton County Highway Department, will
continue to provide snow removal, and other maintenance of the streets within most of
the area annexed by the City under Ordinance No. C-260 at a level equal to the level of
maintenance heretofore provided by the County Highway Department.
IT IS THEREBY AGREED by and between the parties as follows:
1. Notwithstanding the terms of Indiana Code 36-9-6-2, the County agrees to
continue to maintain all streets located west of US 31 which are included within the
annexed area ("the Streets") through the 31st day of December, 2004.
2. The parties agree that during 2004, the County will continue to receive all
Local Road and Street and Motor Vehicle Highway funds which are designated for the
maintenance of the Streets.
3. The parties agree to take all actions necessary for distribution of the Motor
Vehicle Highway Account funds and Local Road and Street funds resulting from the
County's continued maintenance of the Streets to be paid to the County including
requesting that all of the Streets remain on the inventory of the County Highway
Department.
4. This Agreement shall be retroactive to December 9, 2003.
ALL OF WHICH IS AGREED by and between the parties on the date set out
herein.
Date: Janua 12 2004
ATTEST:
Robin M. Mills, Auditor
BOARD OF COMMISSIONERS OF
HAMILTON COUNTY
Steven A. Holt
St~ven..O~ Di/ll~n ge.~,.-?
Christine AItman