2002 Parks Joinder Amended (D-1740-04) SPONSOR COUNCILOR CARTER
ORDINANCE NO D 1740 04
AS AMENDED
AN ORDTh At CE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
APPROVLYG AND ADOPTENG TNTERLOCAL AGREEMENT
AMENDMENT TO INTERLOCAL. COOPERATION AGREEMENT
This Amendment to Interlocal Cooperation Agreement (the `Amendment is by and
between the City of Carmel Indiana (the City and Clay Township of Hamilton County Indiana
(the Township and shall oe effective as or Tenuary 1 2005
WHEREAS, the City and the Township entered Into a certain Interlocal Cooperation
Agreement (Ordinance No D 1 603 02) dated July 26 2002 to provide joint park and recreational
services to the residents of the City and the Township, and
WHEREAS the Agreement provides for the appointmert of members to the Carmel/Clay
Board of Parks and Recreation (the Joint Board with ini iai appointments by the Trustee or the
Township and the Mayor c the City and
WHEREAS the 'Township has entered into a certain Lease dated January 20 2004 (along
with any renewal or extension thereof hereinafter the Lease by and between the Township and the
Carmel/Clay Parks Building Corporation prov ding for the Financing of the Carmel/Clay Central
Park, project in the pnncinai amount of rify rive Million Dollars (555 000 000 00) and
WHEREAS, the parties desire to revise and amend the Agreement to provide for equal
representation of the City and the Township on the Joint Board so long as payments under the Lease
are being made by the Township and
WHEREAS, the parties also desire to permanently alter the computation of payments due
under the Agreement by mov ng from the prior bt.dget year s proportionate assessed valuation to the
then current budget year s proportionate assessed valuation
NOW THEREFORE, it is mutually agreed by and between the parties that the Agreement is
amended as follows
1 Conditional Revision of Section 2 2 Notwithstanding any other provision of the
Agreement so long as any portion of the indebtedness evidenced by the Lease remains outstanding
due and payable by the Township, and so long as the To unship timely makes its payments) of that
portion of its annual COIT distribution that is attributable to the Carmel/Clay Central Park Park
and spent solely on Park capital projects Section 2 2 of the Agreement shall be revised and amended
in its entirety to read as follows
2 2 The Joint Board shall consist of nine (9) members appointed or selected as follows
200500010373
F 10 ror Rniord in
HAMILTON CWNT(r INDIANA
JENNIFER J HAYDEN
02-23-2005 At 08
VERSION B Last ()tinted 1/4 /2005 9 24 AM ORDINANCE 54 pn
a Four (4) members of the Joint Board shalt be appointed bv the Mayor on the basis of
their interest and knowleoge of parks and recreation and must be residents of the
City
b Four (4) members of the Joint Board shall be appointed by the Trustee on the basis of
their interest and knowledge or parks and recreation and must be residents of the
Township
c One (1) member of the Joint Board shall be appointed by the Board or Education for
Carmel/Clay Schools and must be an elected member thereof
d No more than two (2) of the Mayor s appointrnentR to the Joint Board may be from
the same political party
e An elected official of the C ty or Township shall not be eligible to serve as a member
of the Joint Board
f The Mayor and Trustee shall continue to stagger the date of appointment of members
serving on the Joint Board in a manner similar to that which exists at the time of
adoption or this Amendment and shall maintain records reflecting the date of
appointment and term of each member so appointed
r
Revised Section 2 2 as set forth above shall automatically terminate and be of no rurther force or
effect on and after the earlier of the first date on which the Townsh p fails to timely pay any portion
of the COIT funds attributable to the Park as described above or the date on which the Township
makes its final payment ander the Lease Immediately upon the occurrence of either such event the
onginal terms of Section 2 2 as contained in the Agreement shall again become binding on the parties
hereto
2 Permanent Revision of Section 6 2 Section 6 2 of the Agreement shall be revised
and amended to read as follows
6 2 The proportional funding obligations of the City and the Township set forth in Section
6 1 and elsewhere to this Agreement shall be based upon the City s and the Township s
proportional share of the aggregate assessed valuation for the entire Township as
determined by the Hamilton County Auditor for the same year in which the budget is in
effect For example fo budget year 2005 the budget shall be funded in proportion to
the assessed valuation certified by the Auditor for calendar year 2005
3 Ratification In all other respects the Agreement is hereby ratified, approved and
continued in every way This Amendment shall be incorporated into the terms of the Agreement as if
set forth in full therein
4 Enforceability This Amendment is entered into pursuant to I C 36 1 7 et seq as
the same may be amended or supplemented from time to time This Amendment snall be recorded in
the office of the Hamilton County Recorder after approval bv the City and the Township and shall
be filed with the State Board of Accounts for audit purposes all as required by I C 36 1 7 and shall
not be deemed enforceable and binding until recorded with the County Recorder This Amendment
may be executed 'n multiple counterparts each or which shall be an original and all of which
together shall constitute one and the same instrument
PASSED by the Common Council of the City of Carmel, Indiana this 7 day of
2005 by a vote of 7 ayes and 0 nays
VERSION B Last punted /4/2005 9 24 AM
COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA
G
P Officer onald E Carter
r
9
Kevin r 'dent pro 1'e mpore /�yo i��
r
r Mark Ratt
os p- C Griffiths Richard Snarp
L.
AT&T,
fir i
Diana L Cordray IAMC Cler T reasurer
Presented by me to the Mayor of the City of Carmel Indiana at 3 00 o clock P M on
the S day of aMw�. 2005
4_, i
Dana L Cordray IAMC Clerk T #.urer
ved by me Mayo/ of the City of Carmel Indiana at o clockeM on this
A
ppr�o y y y ri
b' �l--dav of rep 64 2005
I nd? J Brainard, Mayor
ATTEST
Diana L Cordray, 1 MC Clerk T urer
VERSION B Last printed 1/4/2005 9 24 AM
ALL OF WELCH IS AGREED by and between the parties on the date set out herein
CLAY TOWNSHIP, HAMILTON
COUNTY INDIANA
C
By F
JSTh F Hagan Township Trustee
h„ G 4,4-4,1 M
1 Jam C Dillon President Township Board
I Se Township Board
Mary Eckard Township Board Member
ATTE
Board Approval Date k .1`or• r
To ship Cler
This document prepared by Bnan C Bosma, Kroger Garda Regas 111 Monument Circle Suite
900 P 0 Box 44941 Indianapolis Indiana 46244 0941 (0 17)692 9000
Amended by Thomas D Perkins, Assistant City Aromey for he City of Carmel