C-266-11 SW Clay Drainage - HC Drain Bd and CityORDINANCE C- 266 -11
SPONSOR: Councilor Sharp
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
APPROVING AND ADOPTING INTERLOCAL COOPERATION 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, Indiana Code 36 -1 -7 -2 authorizes the Common Council to approve such "interlocal
agreements;" and
WHEREAS, that certain interlocal cooperation agreement between the City of Carmel, Indiana
"City and Hamilton County, Indiana "Hamilton County a copy of which is attached hereto and
incorporated herein as Exhibit A "Interlocal. Cooperation Agreement pertains to a joint drainage
improvement project between the City and Hamilton County that fulfills certain terms of the "Settlement
Agreement Concerning Carmel City Ordinance No. C -263, as amended; and
WHEREAS, it is in the public interest to approve the Interlocal Cooperation Agreement.
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 this reference.
Section 2. The Interlocal Cooperation 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 Cooperation
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.
Page One of Two Pages
The document was prepared by Douglas C. Haney, Carmel City Attorney.
i Z:IE Bass\My DocumentslORDINANCES\ INTERLOCAL AGREEMENT ORDS120111SW Clay Drainage Capital Improvement Interlocal doc1/1312011 12:39 PM
PASSED by the Common Council of the City of Carmel, Indiana, th 7 day ofJe a�►*.L
2011, by a vote of 7 ayes and Z� nays. �J
sticke
ti
Presiding Offictsr
W. Eric Seide
JJ� V. Accetturo
onald E. Carter
Diana L. Cordray, IAMC, C k- Treasurer
ATTEST:
COMMON COUNCIL FOR THE CITY OF CARMEL
Diana L. Cordray, IAMC, Clerk- Treasurer
pore
vin Rider
harp
K
Richard
uci S ••er
Presented by me to the Mayor of the City of Carmel, Indiana thisS day of t-uko
2011, at 11: en A.M. U
Diana L. Cordray, ]AMC, Clerk-'Freasurer
Approved by me, Mayor of the City of Carmel, Indiana, this 0 2 tS day of
2011, at 4 .M.
n
s Brainard, Mayor
Ordinance C -266 -11
Page Two of Two Pages
The document was prepared by Douglas C. Haney, Carmel City Attorney.
1 Z:1E Bass\My Documents \ORDINANCESIINTERLOCAL AGREEMENT ORDS120111SW Clay Drainage Capital Improvement Inlerlocal .doc111312011 12:39 PM
SPONSOR: Councilor Sharp
INTERLOCAL COOPERATION AGREEMENT
BETWEEN THE CITY OF CARMEL, INDIANA,
AND HAMILTON COUNTY, INDIANA, ANTI .3 As TO FORM BY
This Interlocal Cooperation Agreement "Agreement is made and entered into on the IP day of
1a4�ir�rZ 2010, 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 Drainage Board "County
WITNESSETH:
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 July 27, 2010; and.
WHEREAS, prior to July 27, 2010 the Annexation Area remains under the Jurisdiction of
Hamilton County; and
WHEREAS, Certain Drainage Capital Improvements have been planned within the Annexation
Area in coordination with County and City long range plans; and
WHEREAS, the City has set aside certain funding programmed for specific Drainage 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 drainage needs and to satisfy commitments
under the Annexation Settlement Agreement between the City and the Southwest Clay Residents
"Annexation Agreement and
WHEREAS, Improvement to the drainage facilities for the Bridlebourne /Larkspur
Subdivision( "Drainage Improvement have been deemed a priority by both City and County and plans
for the construction of various improvements have been developed by the Hamilton County Surveyor's
Office and the necessary right of way to accommodate the construction has been obtained by the County;
and
WHEREAS, The City Engineer and the County Surveyor would like to begin the construction of
the Drainage Improvement as soon as feasible; and
WHEREAS, The City is willing to contribute funding to the construction of the Drainage
Improvement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and the
County HEREBY AGREE as follows:
1. The County thru its Drainage Board agrees to move forward with necessary hearings for
construction and reconstruction of the Drainage Improvement.
1
2. The County also agrees to bid and award contracts for the construction of the Drainage
Improvement to facilitate its construction as soon as feasible.
3. The City agrees to contribute, to the County, the actual construction cost of the proposed
Drainage Improvement after the cost is determined by public opening of bids and before the
award of the contract to the chosen bidders.
4. The City agrees to supply the construction inspection services, at the City's expense, for the
construction so that the projects can be coordinated with other City and County projects.
5. The City's assigned inspectors will coordinate all project related documentation and
communication, including but not limited to meetings, submittals, inspection reports, payment
requisitions, and change orders with the City Engineer's Office and County Surveyor's Office.
[Remainder of page intentionally left blank]
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PASSED by the Common Council of the City of Carmel, Indiana, this day of
2011, by a vote of 7 ayes and a nays.
Accetturo
sticker, P
Z■,
Presiding Off er
W. Eric Seide
onald E. Carter
ATTES
2011, at I l 0 A .M.
ATTEST:
COMMON C
spore
Diana L. Cordray, IAMC, C1 Treasurer
NCIL FOR THE CITY OF CARIVIEL-
K'vin Rider
Richard
uci Sn
Presented by me to the M. ayor of the City of Carmel, Indiana this day of
Approved by me, Mayor of the City of Carmel, Indiana, this a l day ofssL+,''r-
2011, at I flS e .M.
Diana L. Cordray, TAMC, Clerk- Treasurer
3
Diana L. Cordray, IAMC, Cler reasurer
IN WITNESS WHEREOF, the undersigned Board of Commissioners of Hamilton County have
approved this Interlocal Agreement on the 8 day of 0 2010.
BOARD OF COMMISSIONERS OF
HAMILTON COUNTY
Steven C. Dillinger
Christine Altman
ATTEST:
Dawn Coverdale, Auditor
4