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D-1994-10 3rd Amend. Interlocal Between City and Clay TownshipSPONSORS: Councilors Carter, Snyder and Rider ORDINANCE NO. D- 1994 -10 (AS AMENDED) AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, APPROVING AND ADOPTING A THIRD AMENDMENT TO INTERLOCAL AGREEMENT THIRD AMENDMENT TO INTERLOCAL COOPERATION AGREEMENT This Third Amendment to Interlocal Cooperation Agreement "Third Amendment is by and between the City of Carmel, Indiana (the "City and Clay Township of Hamilton County, Indiana (the "Township and shall be effective as of the adoption of this Third Amendment by the legislative body of the City and the Township and the recording of this Third Amendment with the Hamilton County Recorder. WHEREAS, the City and the Township entered into a certain .Interlocal Cooperation Agreement dated July 26, 2002 adopted by the Township by Resolution and by the City under Ordinance No. D- 1603-02 dated July 26, 2002 (the "Original Agreement to provide joint park and recreational services to the residents of the City and the Township; and WHEREAS, the Original Agreement was amended by an Amendment to Interlocal Cooperation Agreement dated February 8, 2005 adopted by the Township by Resolution and by the City under Ordinance No. D- 1740 -04 dated February 7, 2005 (the "First Amendment which provided, among other things, for the payment by the Township of certain County Option Income Tax "COIF funds for the purposes set forth therein; and WHEREAS, the Original Agreement was further Amended by a Second Amendment to Interlocal Cooperation Agreement adopted by the City under Ordinance No. D- 1994 -10 dated July 6, 2010, which is currently pending Township approval; and WHEREAS, the Original Agreement, as amended by the First Amendment (hereafter collectively the "Agreement provides for the appointment of members to the Carmel /Clay Board of Parks and Recreation (the "Joint Board with appointments to be made by the Trustee of the Township "Trustee and the Mayor of the City "Mayor and WHEREAS, the Township entered into a certain Lease dated January 20, 2004 (along with any renewal or extensions thereof hereinafter the "Lease by and between the Township and the Carmel /Clay Parks Building Corporation, providing for the financing of the Carmel /Clay Central Park and Monon Center Project (collectively "Central Park in the principal amount of Fifty Five Million and 00 /100 Dollars ($55,000,000.00); and WHEREAS, the parties desire to further revise and amend the Agreement in accordance with the terms of this Third Amendment. Page One of Five Pages [2:IE Bass11 y Documents1ORDINANCESIINTERLOCAL AGREEMENT ORDSICLEAN AMENDED Third Amend Intedooal Cooperation Agreement 513 1 0.doc:711 91201 0 6:28 PM] SPONSORS: Councilors Carter, Snyder and Rider NOW THEREFORE, it is mutually agreed by and between the parties as follows: 1. Expenditure of COIT Funds. All COIT /Lease Funds shall be held and expended by the Township exclusively for purposes of capital expenditures included in the budget of the Joint Board, with the exception of the MCC Supplemental Operating Funds provided for in Section 2 below. 2. Monon Community Center Supplemental Operating Funds. Notwithstanding any other provision of the Agreement, the first One Million and 00 /100 Dollars ($1,000,000.00) of COIT /Lease Funds received by the Township on an annual basis shall be budgeted and appropriated by the Township and shall be made available to the Joint Board as needed to provide supplemental operating funds "MCC Supplemental Operating Funds to meet budgeted Monon Community Center operation expenditures which are not otherwise funded through revenues generated by the Monon Community Center or through other budgeted revenues. MCC Supplemental Operating Funds shall be distributed by the Township Trustee upon receipt of a resolution duly adopted by a majority of the members of the Common Council and Township Board. A copy of all such requests for distributions shall be delivered to the Mayor, the Trustee, the President of the Common Council, and the President of the Township Board. Any MCC Supplemental Operating Funds received by the Joint Board in excess of the amount necessary to fund actual expenditures for the requested calendar year shall be held by the Joint Board and applied to the following year's MCC Supplemental Operating Funds request to the Township. 3. Monon Community Center Fund 109 Budgeting. Notwithstanding any other provision of the Agreement, in the process of developing and approving the Carmel /Clay Parks and Recreation Budget, the legislative bodies of the Township and the City shall jointly review and approve the Parks and Recreation Monon Community Center Fund 109 budget in the same manner as other jointly approved budgets. Any irreconcilable differences shall be resolved in accordance with Section 7.2 of the Original Agreement. 4. Mayoral Appointments to Board. Notwithstanding any other provision of the Agreement, all appointments to the Joint Board by the Mayor shall be subject to the approval of the Common Council of the City. In the event of the rejection of a mayoral nominee by the Common Council, the Mayor shall be entitled to submit additional nominees until the proper number of appointees are made and approved. 5. Mandatory Reporting by Joint Board. The Joint Board shall prepare and provide a detailed written report of the Monon Community Center operations, financial plan and current fiscal status on a monthly basis, in a format acceptable to the Common Council (the "Report") and shall deliver a copy of the Report to the Mayor, the President of the Common Council, the Township Trustee and the Township Board. In addition, a presentation of a quarterly compilation of the Report shall be made in person to the Common Council by the President of the Joint Board or other appropriate individual within thirty (30) days of the end of each fiscal quarter, and, at the request of the Township Trustee, shall be made to the Township Board. Ordinance D- 1994 -10, As Amended Page Two of Five Pages tZaE Bass 1y Documer is \ORDINANCESIINTERLOCAL AGREEMENT ORDS\CLEAN AMENDED Third Amend Intertocal Cooperation Agreement 51310.doc:711912010 6:28 PM] 6. Disposition of Lease in the Event of Township Termination. Notwithstanding any other provision of the Agreement, in the event the existence of the Township is terminated, discontinued or eliminated for any reason whatsoever, including, but not limited to, voluntary or involuntary dissolution, merger or consolidation into another unit of government, elimination of the Township or the township level of government by act of the Indiana General Assembly, or otherwise, any bonds, instruments or obligations issued by the Township to finance the purchase or construction of park facilities previously acknowledged by the City to be Joint Facilities under this Article, including, but not limited to, the rights and obligations of the Township under the Lease, shall be fully assigned to and assumed by the City, and shall become the sole responsibility of the City as if it had been the original issuer of such bonds, instruments or obligations. In such event, the Department of Local Government Finance (or its successor) is requested and directed to allow the levying and collection of taxes enacted to support any such obligations throughout the former jurisdiction of the Township until such obligations are satisfied, regardless of whether such territory is within the then current corporate boundaries of the City at the time of such dissolution or other termination. The Township and the City hereby agree to execute any documents, assumptions or other instruments necessary to effect the assignment and assumption provided for herein. 7. Ratification. In all other respects, the Agreement is hereby ratified, approved and continued in every way. This Third Amendment shall be incorporated into the terms of the Agreement as if set forth in full therein. 8. Enforceability. This Third 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 shall be recorded in the office of the Hainilton County Recorder after approval by 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 it is recorded with the County Recorder. This Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. Ordinance D- 1994 -10, As Amended Page Three of Five Pages SPONSORS: Councilors Carter, Snyder and Rider [remainder of this page intentionally left blank] [Z:10 Bass\My DocumentslORDINANCESIINTERLOCAL AGREEMENT ORDSICLEAN AMENDED Third Amend Intedocal Cooperation Agreement 5 13 10.doc:711 0/201 0 6:25 PM) PASSED by the Common Council COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA Carter residing Officer onald W. Eric Seide icker ATTEST: of the City of Carmel, Indiana this 1 -day of 2010 by a vote of `7 ayes and 0 nays. President Diana L. Cordray, IAMC, Clerk- T urer SPONSORS: Councilors Carter, Snyder and Rider Richard L. Sharp, .'resident resented by me to the Mayor of the City of Camel, Indiana, at 10.• 4-} the \9 day of 2010. Dian Cordray, I C, Clerk-Tr rer Approved by me, the Mayor of the City of Carmel, Indiana, at to y 1 o'clock P.M. on this Y"‘ day of 2010. roes Brainard, Mayor Ordinance D- 1 -10, As Amended Page Four of Five Pages [Z:1E BassMy Dccuments1ORDINANCESIINTERLOCAL AGREEMENT ORDSICLEAN AMENDED Third Amend Interlocal Cooperation Agreement 5131 0.doc:7/1 9/201 0 6:28 PM] o'clock+ .M. on ALL OF WHICH IS AGREED by and between the Township on the date set forth below. CLAY TOWNSHIP HAMILTON COUNTY, INDIANA By: Douglas Callahan, Township Trustee Ordinance D- 1994 -10, As Amended Page Five of Five Pages SPONSORS: Councilors Carter, Snyder and Rider By: CLAY TOWNSHIP HAMILTON COUNTY, INDIANA Dr. James C. Dillon, Chairman Paul K. Bolin, Secretary Mary Eckard, Member Board Approval Date: This document jointly prepared by and should be returned upon recording to both: Brian C. Bosma, Kroger Gardis Regas, LLP, 111 Monument Circle, Suite 900, Indianapolis, Indiana 46204 -5125 (317)692 -9000 and Douglas Haney, City Attorney, City Hall, 1 Civic Square, Carmel, IN 46032. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Brian C. Bosma, Esq. [7:IE Bass\My Docur entslORDINANCESNNTERLOCAL AGREEMENT ORDSICLEAN AMENDED Third Amend Interlocal Cooperation Agreement 51310.doc:711912010 6:26 PM]