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D-1981-10 106th St & Ditch Rd RoundaboutsORDINANCE D- 1981 -10 Section 1. The foregoing Recitals are incorporated herein by this reference. Page One of Two Pages The document was prepared by Douglas C. Haney, Carmel City Attorney. [ZAE 9ass\My Documents \ORDINANCESVNTERLOCAL AGREEMENT ORDS\Annexation Area Funding RD-I9 (/1120 W Sponsor: Councilor Kevin Rider AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING INTERLOCAL 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, hldiana Code 36 -1 -7 -2 authorizes the Common. Council to approve such "interlocal agreements;" and WHEREAS, the interlocal agreement" by and between the City of Carmel, Indiana, and Hamilton County, Indiana, pertaining to joint funding of an annexation area roundabout, a copy of which is attached hereto and incorporated herein as Exhibit A "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 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 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 I J day of 2010, by a vote of 7 ayes and d nays. Pres ding Offier onald E. Carter ATTES ATTEST• ccetturo Ordinance D- 1981 -10 Page Two of Two Pages COMMON COUNCIL FOR THE CITY OF CARMEL Richard L. Sharp, Pride o Tempore Diana L. Cordray, IAMC, Clerk- Tjfeasurer Diana Cordray, IAMC, Clerk-TXeasurer The document was prepared by Douglas C. Haney, Carmel City Attorney. [Z:\E Bnc1My Doc uminIA]ORDMANCES 1NTERLOCAL AGREEMENT ORDSIAnnumllim Arca Funding HD- 1981 -10 doc:1 /112010] Sponsor: Councilor Kevin Rider W. Eric Seide Presented by me to the Mayor of the City of Carmel, Indiana, this day of 2010, at 7: O S O'clock, t' M. Diana L. Cordray, IAMC, Clerk- Tjfeasurer Approved by me, the Mayor of the City of Carmel, Indiana, this day of A 0 2010, at 'I D O'clock, P M. Jam Brainard, Mayor APPROVED AS TO FORM BY: INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CARMEL, INDIANA, AND HAMILTON COUNTY, INDIANA, This Interlocal Cooperation Agreement "Agreement is made and entered into on the day of /91/6d.ST 2009, by and between the City of Carmel, Indiana, acting by and through its Common Council "City and Hamilton County, Indiana, acting by and through its Board of Commissioners "County"). WITNESSETH: 1 HCHD# M 09 0032 WHEREAS, Carmel proposed annexation of an area of southwest Clay Township roughly bounded by 96 Street, Boone County Line, 116 Street, and Springmill Rd. "Annexation Area has been approved and will officially come under City jurisdiction June 27, 2010; and WHEREAS, prior to June 27, 2010 the Annexation Area remains under the Jurisdiction of Hamilton County; and WHEREAS, Certain Transportation Capital Improvements have been planned within the Annexation Area in coordination with County and City long range plans; and WHEREAS, the County has set aside certain funding programmed for specific Transportation Capital Improvements within the Annexation Area and intends to move forward with the implementation of these programmed improvements; and WHEREAS, the City would like to help facilitate the implementation of these programmed improvements as soon as possible in order to meet existing traffic needs and to satisfy commitments under the Annexation Settlement Agreement between the City and the Southwest Clay Residents "Annexation Agreement and WHEREAS, Improvements to the intersection of 106 Street and Ditch Road have been deemed a priority by both City and County and plans for the construction of a roundabout "Roundabout have been developed by the Hamilton County Highway Department and the necessary right of way to accommodate the construction has been purchased by the County; and WHEREAS, The City Engineer and the County Engineer would like to begin the construction of the Roundabout in September of 2009; and WHEREAS, The City is willing to contribute funding to the construction of the Roundabout to ensure consistency with City roundabout standards, to ensure expeditious construction, and to cover an estimated shortfall in County funding for the Roundabout. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the County HEREBY AGREE as follows: 1. The County thru its Board of Commissioners agrees to move forward with the necessary appropriation of funds necessary for 50% of the actual cost of constructing the Roundabout. 2. The County also agrees to bid and award the contract for the construction of the Roundabout to facilitate its construction in 2009. 3. The City agrees to contribute, to the County, half of the actual construction cost of the proposed Roundabout after the cost is detetuiined by public opening of bids and before the award of the contract to the chosen bidder. 4. The City also agrees to supply the construction inspection services, at the City's expense, for the roundabout construction so that the Roundabout project can be efficiently coordinated with other City projects which overlap in scope with the Roundabout project. 5. The City's assigned inspectors and City Engineer will coordinate all project related documentation and communication, including but not limited to meetings, submittals, inspection reports, payment requisitions, and change orders through the Hamilton County Highway Department. 6. The City will assume ownership of the Roundabout on June 27, 2010. [Remainder of page intentionally left blank] 2 PASSED by the Common Council of the City of Carmel, Indiana, this c•Ava 2010, by a vote of 7 ayes and 0 nays. Presiding Office Richard L. Sharp Preside '_ro Tempore V ccetturo onald E. Carter ST: Diana L. Cordray, Jd(MCI Clerk- Treasurer Presented by me to the Mayor of the City of Carmel, Indiana, this day of A-+ 2010, at 7: D O'clock, p .M. Approved by me, the Mayor of the City of Carmel, Indiana, this /5 day of 2010, at 7: oS O'clock, P M. ATTEST: Diana L. Cordray, IAMC, Clerk- T COMMON COUNCIL FOR THE CITY OF CARMEL 3 Diana L. Cordray, IAMC, C1,erk- Treasurer Jam-. Brainard, Mayor day of IN WITNESS WHEREOF, the parties have executed this Agreement as follows: Steven A. Holt, President Christine Altman, Member Steven C. Di'linger, Member ATTEST: BOARD OF COMMISSIONERS OF HAMILTON COUNTY, INDIANA Date: 8_ ZG Z009 iK)CLurn C C Dawn Coverdale, Hamilton County Auditor