Hoosier Heritage Port Authority
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INTERLOCAL AGREEMENT BETWEEN THE HOOSIER HERITAGE PORT AUTHORITY
AND THE CITY OF CARMEL, INDIANA
WITNESSETH THAT:
WHEREAS, the Hoosier Heritage Port Authority (the "Port Authority"), on the 2nd day of
September, 2004, approved a Resolution (the "Resolution") providing for the creation and subsequent
funding of a Technology Oversight Board ("Board"), a copy of which Resolution is attached hereto as
Exhibit A and incorporated herein by this reference; and
WHEREAS, the City has the authority to enter into interlocal agreements pursuant to IC 936-1-7-
4, et seq.; and
WHEREAS, the Board was created by the Resolution to coordinate the use of the fiber optic
cables located within the Right of Way in the best interests of the City and such other entities as own or
utilize the Right of Way; and
WHEREAS, it is in the best interests of the citizens of the City that it enter into an agreement with
the Port Authority that will allow it to appoint a representative to the Board and to fund the Board in
conformance with the Resolution.
THEREFORE, IT IS THEREBY AGREED by the Port Authority, and the City of Carmel,
Indiana, by and through its Board of Public Works and Safety, in Indiana, as follows:
1. The foregoing recitals are incorporated herein by this reference.
2. The Mayor shall appoint a member to the Board, who should be the Director of the
Information System Department of the City, or his designee.
3. The Hoosier Heritage Port Authority Oversight Board Fund (the "Fund") shall be created
and used to pay the cost of the equipment and fiber maintenance; to pay rental fees for
leased fiber; to pay fees for rack space and internet bandwidth, and to pay any additional
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reasonable costs related to the maintenance and use of the fiber optic lines located in the
Right of Way and maintained by the Port Authority.
4. The Fund shall be maintained by the Port Authority and shall not under any circumstances
be used to pay the salaries of any full or part-time employee(s) of the Port Authority, the
Board of any governmental entity subject to the Resolution.
5. The City acknowledges that the Port Authority is requesting an initial fee ofTen Thousand
Dollars ($10,000.00) to be paid by the City to the Fund. The City agrees to pay said
amount, expressly conditioned upon and subject to its approval and appropriation by the
Carmel Common Council. All further costs requested by the Board to be paid by the City
pursuant to this Agreement shall also be expressly conditioned upon and subject to the
approval of and proper appropriation by the Carmel Common Council.
6. The Port Authority agrees that they shall maintain separate books and records showing the
receipts and expenditures of the Fund and that the City and/or its agents shall have the
right to review same upon forty-eight (48) hours advanced notice.
7. The Port Authority agrees to administer the Fund, and to provide oversight to the Board.
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ALL OF WHICH IS AGREED BY AND BETWEEN the City of Carmel, Indiana, and the
Hoosier Heritage Port Authority on the dates set out herein.
CITY OF CARMEL, INDIANA
By and through its Board of Public
Works and Safety
HOOSIER HERITAGE PORT AUTHORITY
,tJJ
(A orized Signature)
c3-c::,y he;.) U. CAclANAJrl L
(printed Name and Title)
D." ~r !h, '~'7
iana L. Cordray
Date:
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JAN-1-1999 03:43P FROM:
TO:5712410
HOOSIER HERITAGE PORT AUTHOR ITV
33 North 9th Street, Suite 215 Noblesville, IN 46( 60
Phone @1Z)776-8268 FAX Cill}776-8211
DATE: ~\ - ( (v (fl
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JAN-1-1999 03:43P FROM:
TO: 5712410
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HOOSIER HERITAGE PORT AIJTRORITV RESOLUTJOJ'l
A RESOLUTION PROVIDING FOR THE CREA TlON m' J.
TECHNOJ,OGV OVERSIGHT BOARD
WHEREAS, the Town of Fishers, the City of Nobll:~vil\c and Hamilton County (tle "Entitie~")
are each Tndiana municipal cmpumLiuns, and !he Hoosier Heritage Port Authority is a statutory
creature created by said Entities; and,
WHEREAS, eacb of said Entities, in the interest of public safely, inl~maland ext. mal
communications and good governmcnt havc technology operation~ and staffing; aId,
WlffiREAS, the opportunity lor acquisition and maintenance of certain fiber opt;' ~trand~ which
are being exclusively pmvided fm gllvemmenlal use has been made available by 1Ie Multi-
Jurisdictional Port Authority (Hoosier Heritage Port Authurity) established by sai, F.ntitie~ tor
the purpo~e of maintaining a certain right of way; and,
WHEREAS, a certain tiber optic cable has been installed in lhat cerlain right of" IY commonly
known as the Hoosier Heritage Port Authority Right nrWay; and,
WHERF.AS, the Hoosier Heritage Port Authority docs now dcsire to create a Tec] nnlngy
Oversight Board for the purpnse n r cuordinating lllld utilizing sald fiber opti c strlll d~ in the best
manner and in the he~t intere~t of said Entities and o!her guvcrnmental entities thl i may hereafter
join together with the parties heretn.
NOW, THEREFORE, BE IT RESOt VTm hy the Hoosier Hcritage Port Authorir, , in
cunsidcration of the mutual covenantq and undertakings set forth hl:II:m. as fo11o'l1 I:
Section 1. Pamnse. The purpose of this Resolution is to create a Technology Ov,rsight Board
to provide tor tbe coordination of public entilies in Ihe acquisition, security, main' mance and
utilization of certain fiber optic ~trands located in thc fibcr optic cable in the Hoo! ier Heritage
Port Authority Right of Way either currently in existence, or to be constructed in' hc future,
which arc capable of common use by the 'Entities herelo and o!her govcrwnental ( ntities which
may join with them as provided hereafter.
~CC.tjQI!.;Z. Tcchnololl.Y Oversight Board. There is hereby estahli~hed the Hoosier HerilHgc Port
Authority Technology Oversight Board (the "Board"). The Roard shall be eompr sed of one
representative From each of the participating Entities. The Board shall organize a its first
meeting and thereafter it shall re-organize annually althe first mecting of each ca: mdar year.
The organizatiofl of the noard shall consist ot" a Presidcnt, a Vice President, and a
Secretaryrrreaqurer. Each member of the Doardshall be entiLled tu onc vote. Th Executive
Director of HHP A shall serve as an Ex Oflicio member of !he Doard.
Section 3. Duties of the Board. Tt shall he the principal responsibility of !he I:lulllllu establish
policy and proced\1fe with respect to the utilization and maintenance or !he fiber ( ?tie strands.
The BOllJd shall establish policy at its initinlmeeting with regard U1 the following matters.
1. Usaglll\;Cs to cover the following:
... Fixed monthly and/or annual costs shared equally by all \lS' rs.
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b. Variable costs based on usage or alloCation of resources t, . each
user,
2. Establishment of a maintenance fund to cowr repair and/or reloc: don costs.
3. Rxpanb;on and additions to thc fiber infrastructure.
,{\. Section 4. Initial Fundinll. As a required "lement ofthc establishment of the B( ard, each Entity,
IY...u_l,cf'JIil....illt ,- " 81 jIU~~, shall conlribule theswnof$10,C )0.00 to a fund
to be established ood maintained hy tbe Hoosi"r H"ritagc Port Authority.
Section 5. The Fund. The fund shall be known as tbe Hoosier Heritage Port Au hority
Technology Oversight Board Fund (the "Fund.") Said Fund shall be maintained and accounted
for l\I; any other Fund on the books oflbe Hoosier Heritage Port Authority; hOWl ver, the fund
shall be used exclusively for the purposes established by the Board. The Board ball provide
appropriate elaim forms and follow appropriate procedures in accordance with tI e accounting
plllicies and procedures of the Hoosier Heritage Port Authority. All finances, bl Jks and records
of the Aoard shall be kept and maintained by the Hoosier Heritage Port Authorit '.
Section 6. ReoortiDl!. Not less than quarterly, the Board shalllllllke a report ofi:s octivities and
finances to each of the Entities, as well a~ the Hoosier Heritage Port Authority. laid report shall.
contain ClUtent information on the activities of the Roard ami such other informl lion as may be
pertiJlent or requested by the Entities.
Section 7. Effective Dnte. This Resolution shall become immWialdy effective lpon the date of
its adoption.
Section 8. Withdrawal and Termination. Any party heretn, nuw ur hereafter, my withdraw
Ii-urn parlicip-.l.tion upon sixty (60) days wrinen notice to the other parties_ TJpnn wilhdrawal,
said party shall cause Lo be paid any and all amounts that mny be due pursuant t< the charges and
fe~ estahlisbed by the Board tor the use and illainteIllUlce of the fiber optic strar k
ALL OF WHICH IS SO, RESOT'vF.O, thi~ YdBY of #-.200' ,
HOOSJERHERlTAGEPORT AUTHORITY ROARD MEMBERS
NAY
Steve Cavanaugh
Don Seal
Judy Levine
~~..
B"1t Cromer___
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TO: 5712410
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1fh
Arden Pletzer
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Robert Thompson
A TIEST:
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Rhonda Klopfenstein,
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