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CC-04-19-10-02 Parks Deprt with Interlocal/AS AMENDEDSPONSOR(S): Councilors Luci Snyder and Eric Seidensticker RESOLUTION CC- 04- 19 -10 -02 (Formerly As CC- 03- 15- 10 -01) AS AMENDED A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ENSURING COMPLIANCE WITH INTERLOCAL AGREEMENT COMES NOW the Common Council of the City of Carmel, Indiana (the "Council and resolves as follows: WHEREAS, by virtue of an interlocal cooperation agreement entered into by and between the City of Carmel, Indiana "City and. Clay Township of Hamilton County, Indiana "Township effective January 1, 2003, and as subsequently amended (the "Interlocal Agreement the City and Township agreed to jointly utilize the Carmel /Clay Department of Parks and Recreation "Parks Department to provide park and recreational services to the residents of the City and the Township; and WHEREAS, pursuant to the terms of the Interlocal Agreement, the City and the Township agreed to administer the park and recreational needs of their respective territories through a joint board consisting of members representing the interests of both parties (the "Parks Board and WHEREAS, pursuant to a formula set forth in the Interlocal Agreement, the City and the Township agreed to annually pay their respective contributions to the Parks Department budget, as the same was prepared and submitted by the Parks Board to and approved by the City and the Township; and WHEREAS, after making its annual contribution pursuant to the Interlocal Agreement (the "City Contribution the City is not obligated to make any additional payments to the Parks Department for the remainder of the fiscal year for which the Contribution was made, although both the City and the Township must reconcile their annual payment to the Parks Department with the actual income and expenses of the Parks Department within sixty (60) days after the end of the fiscal year for which their payment was made; and WHEREAS, despite the terms of the Interlocal Agreement, the Parks Department has periodically made requests of the City for the payment of claims during a fiscal year in which it has already exhausted funds available in the budget line item; and WHEREAS, it is imprudent and fiscally irresponsible for the City to provide advance funding to the Parks Department over and above funds available in the budget line item; and Page One of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney. Amended Version A 4/19/10 RAE Bass\Wly Documents \Resolutions- CCC120101CLEAN CC- 04- 19 -10 -02 Parks Claims Parks Report.doc:4(1912010 7:40 PIA SPONSOR(S): Councilors Luci Snyder and Eric Seidensticker WHEREAS, in 2008, the Parks Board requested funds to cover a shortfall in the Monon Center Fund; and WHEREAS, in Resolution CC- 12- 01- 08 -02, the Common Council of the City of Carmel voted unanimously to approve funds to cover that shortfall; and WHEREAS, Resolution CC- 12- 01 -08 -02 also required that the Parks Board, as a mandatory condition of this transfer of funds, provide a detailed written report of the Monon Center's operations, financial plan and current fiscal status to the Mayor, the Common Council, the Clerk- Treasurer, and the Township Board on not less than a quarterly basis; and WHEREAS, the Parks Board has failed to present such quarterly reports. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by reference. Section 2. The Clerk Treasurer of the City of Carmel, Indiana, absent prior written Council approval, and with the exception of personal services and utility expenses, is hereby directed not to pay any Parks Department claim(s) that would cause any fund from which said claim(s) are paid to enter a deficit position or any other claim requiring prior City Council approval. Section 3. Said quarterly report must be presented to the Common Council of the City of Carmel, Indiana, at the second regularly scheduled meeting after the end of each quarter and that said report be presented by the President of the Parks Board as a report under the Committee Reports section of the Council Agenda. oteu___ SO RESOLVED by the Common Council of the City of Carmel, .Indiana, this day of 2010, by a vote of '7 ayes and 0 nays. Resolution CC- 04- 19 -10 -02 Page Two of Three Pages Prepared by Douglas C. Haney, Carmel City Attorney. Amended Version A 4/19/10 [Z:1E Bass+My Documents1Resolutions- CCC120101CLEAN CC- 04- 19 -10 -02 Parks Claims- Parks Rep= Reportoc:4f1 9120 1 0 7:40 PM[ Pre Richard L. Sharp, p resident Pro Tempore Accetturo Ronald E. Carter ATTEST Diana L. Cordray, IAMC, Clerk-Treasti r 2010, at 107 aS O'clock, of} M. ATTEST: Diana L. Cordray, IAMC, Clerk -Tre Resolution CC- 04- 19 -10 -02 Page Three of Three Pages SPONSOR(S): Councilors Luci Snyder and Eric Seidensticker COMMON COUNCIL FOR THE CITY OF CARMEL Kevin Rider W. Eric Seiden uci a s er Presented by me to the Mayor of the City of Carmel, Indiana, this QC' day of 2010, at 9: OS O'clock, 4 M. Diana L. Cordray, IAMC, Clerk asurer Approved by me, the Mayor of the City of Carmel, Indiana, this a0 day of alc„_a_A es Brainard, Mayor Prepared by Douglas C. Haney, Carmel City Attorney. Amended Version A 4/19/10 [2:1E Bass My Documents \Resolutions- CCC12010\CLEAN CC- 04-19 -10 -02 Parks Claims Parks Report.doc:409 /2010 7:40 PM]