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HomeMy WebLinkAbout2011-OR-32 (Failed) STATE OF LWTANA BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE ORDINANCE NO. a011- AN ORDINANCE APPROVING AN INTERLOCAL AGREEMENT FOR THE SUPPLEMENTAL FUNDING OF THE CLARK COUNTY E911 SYSTEM WHEREAS, this Common Council of the City of Jeffersonville, Indiana (this "City • Council'), is the legislative body of Jeffersonville municipal government pursuant to the provisions of IC 364.6 -2; and, WHEREAS, this City Council is aware that by duly enacted ordinance the Board of Clark County Commissioners (the "County Commissioners ") has previously established the Clark County Emergency Telephone Notification System (the "E911 System ") pursuant to the provisions of IC 36- 8 -21 -4 in order to provide enhanced emergency telephone service for the entirety of Clark County in order to promote the safety and welfare of its citizens, including those residing in the City of Jeffersonville; and, WHEREAS, this City Council is further aware that the County Commissioners further previously established an Emergency Telephone System Fund pursuant to the provisions of IC 36- 8 -16 -13 into which the Clark County Treasurer and the Clark County Auditor have deposited all of Clark County's share of fees distributed by the State of Indiana from (i) emergency telephone system fees collected pursuant to IC 36- 18 -16, el seq., (ii) enhanced wireless emergency telephone service fees collected pursuant to IC 36 -8 -16.5, et seq., and (iii) enhanced prepaid wireless telecommunications service charges collected pursuant to IC 36 -8 -16.6, et seq. (collectively, the "911 Fees"); and, WHEREAS, the 911 Fees received by Clark County have significantly declined in recent years due to decreased land line telephone use and the rate structure adopted by the State for cellular phone and prepaid cellular phone usage to the point that the aggregate of such revenues was insufficient to fund the E911 System operating costs in 2010, and such revenues are reasonably expected to remain insufficient for such purposes on an ongoing basis; and, WHEREAS, in October 2009, the Clark County Council (the "County Council "), as the fiscal body of Clark County government, adopted a Local Option Income Tax to provide funding for public safety ("LOIT ") pursuant to the provisions of IC 6- 3.5 -6 -31, with the expressly stated intention that the aggregate of LOJT funds received by the Clark County Auditor be used first to defray the operating deficit of the E911 System after first applying the entirety of the 911 Fees before distribution to the eligible units pursuant to applicable Indiana law; and, WHEREAS, pursuant to the provisions of IC 36- 1 -7 -3, local governmental units are • expressly authorized to make and enter interlocal cooperation agreements amongst themselves for purposes of jointly funding governmental operations that benefit more than one unit in the manner of the 2911 System; and, WHEREAS, an interlocal cooperation agreement has now been drafted for the purpose of establishing a mechanism for funding the structural budget deficit for the E911 System, a true and correct copy of which is attached hereto as Exhibit "A" (the "Interlocal Agreement "); and, WHEREAS, this City Council has reviewed the Interlocal Agreement and finds its terms to constitute a fair and equitable manner in which to assure the adequate funding of the E911 System for fiscal year 2010 and subsequent budget years so that the public safety and welfare of all Clark County citizens, including those residing within the City of Jeffersonville, will continue to be protected through the reliable, continuous provision of this vital service; and, • 2 • WHEREAS, this City Council now adopts this Ordinance for purposes of approving the Interlocal Agreement on behalf of the City of Jeffersonvi Ile. NOW, THEREFORE, BE IT ORDAINED by this Common Council of the City of' Jeffersonville, Indiana, as follows: 1. The Interlocal Agreement attached hereto as Exhibit "A" is hereby approved on behalf of the City of Jeffersonville, Indiana, on the terms and conditions set forth therein. 2. Thomas R. Galligan, as the duly elected and serving Mayor of the City of Jeffersonville, and Peggy Wilder, as the duly elected and serving Clerk- Treasurer of the City of Jeffersonville, are hereby authorized to execute the tntcrlocal Agreement on behalf of the City of • Jeffersonville. 3. This Ordinance shall be in full force and effect following its adoption by this City Council and approval by the Mayor in the manner provided by applicable Indiana law. So Ordained this day of , 2011. COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA By: Nathan Samuel, President Arrest: Peggy Wilder, Clerk - Treasurer 3 CERTIFICATE OF PRESENTATION TO MAYOR The undersigned hereby certifies that on the day of 2011, the above Ordinance was PRESENTED by me, as the duly elected Clerk- Treasurer of the City of Jeffersonville, Indiana, to the Mayor of the City of Jeffersonville, Indiana. Peggy Wilder, Clerk- Treasurer APPROVAL BY MAYOR The undersigned, as the duly elected and serving Mayor of the City of Jeffersonville, Indiana, hereby APPROVES the above Ordinance as authorized by the provisions of IC 36 -4' -6- 16,onthis day of ,2011. THOMAS R GALLIGAN, Mayor of the City of Jeffersonville, Indiana Attest: Peggy Wilder, Clerk- Treasurer 4 • • • TNTERLOCAL COOPERATION AGREEMENT FOR SUPPLEMENTAL FUNDING OF THE OPERATIONS OF THE CLARK COUNTY E911 SYSTEM This Interlocal Cooperation Agreement for Supplemental Funding of the Operations of the Clark County E911 System (hereinafter this "Agreement "), is made with an effective date of January 1, 2010, by and among the following governmental units: (i) CLARK COUNTY, 13\1 ( "Clark County"), with an address in care of the Clark County Auditor, Clark County Government Building, Room 118, 501 E. Court Avenue, Jeffersonville, Indiana 47130; (ii) CITY OF JEFFERSONVILLE, INDIANA ("Jeffersonville'), with an address in care of the Office of the Mayor, Jeffersonville City Hall, 500 Quartermaster Court, Jeffersonville, Indiana 47130; (iii) CITY OF CHARLESTOWN, INDIANA ( "Charlestown "), with an address in care of the Office of the Mayor, Charlestown City Hall, 304 Main Cross Street, Charlestown, Indiana 47111; (iv) TOWN OF CLARKSVILLE, INDIANA ( "Clarksville "), with an address in care of the Town Council President, Clarksville Town Hall, 2000 Broadway Street, Clarksville, Indiana 47129; (v) TOWN OF SELLERSBURG, INDIANA C'Sellersburg"), with an address in care • • of the Town Council President, Sellersburg Town Hall, A E. Utica Street, • Sellersburg, Indiana 47172; (vi) TOWN OF BORDEN, INDIANA ("Borden"), with an address of'fown Council President, Borden Town Hall, Borden, Indiana 47106; and, (vii) TOWN OF UTICA, INDIANA ( "Utica "), with an address of Town Council President, Utica Town Hall, Utica, Indiana 47130. Clark County, Jeffersonville, Charlestown, Clarksville, Sellersburg, Borden, and Utica hereby agree among themselves to the following: 1. Preliminary Statement Regarding Purpose of Agreement. The Board of Clark County Commissioners (the "County Commissioners ") has previously established by ordinance the Clark County Emergency Telephone Notification System (the `E911 System ") pursuant to the provisions of IC 36 -8 -21-4 in order to provide enhanced emergency telephone service for the entirety of Clark County in order to promote the safety and welfare of its citizens. The County Commissioners have further previously established an Emergency Telephone System Fund pursuant to the provisions of IC 36- 8 -16 -13 into which the Clark County Treasurer and the Clark 1 • • County Auditor have deposited all of Clark County's share of fees distributed by the State of Indiana from (i) emergency telephone system fees collected pursuant to IC 36- 18 -16, et seq., (ii) enhanced wireless emergency telephone service fees collected pursuant to IC 36 -8 -16.5, et seq., and (iii) enhanced prepaid wireless telecommunications service charges collected pursuant to IC 36 -8 -16.6, et seq. (collectively, the "911 Fees "). The 911 Fees received by Clark County have significantly declined in recent years due to decreased land line telephone use and the rate structure adopted by the State for cellular phone and prepaid cellular phone usage to the point that the aggregate of such revenues was insufficient to fund the E911 System operating costs in 2010, and such revenues are reasonably expected to remain insufficient for such purposes on an ongoing basis. In October 2009, the Clark County Council (the "County Council'), as the fiscal body of Clark County government, adopted a Local Option Income Tax to provide funding for public safety ("LOIT") pursuant to the provisions of IC 6-3.5-6-31, with the expressly stated intention that the aggregate of LOIT funds received by the Clark County Auditor be used first to defray the operating deficit of the E911 System after first applying the entirety of the 911 Fees before distribution to the eligible units pursuant to applicable Indiana law. Pursuant to the provisions of IC 36- 1 -7 -3, local governmental units are expressly authorized to make and enter interlocal cooperation agreements amongst themselves for purposes of jointly funding governmental operations that benefit more than one unit in the manner of the E911 System. This Agreement is now made for the purpose of establishing a mechanism for funding the structural budget deficit for the E911 System on a fair and equitable basis in order to assure the adequate funding of the E911 System for fiscal year 2010 and subsequent budget years so that the public safety and welfare of all Clark County citizens will continue to be protected through the reliable, continuous provision of this vital service. 2. Effective Date; Duration of Agreement. This Agreement shall have an effective date of January 2, 2010, and shall continue in full force and effect until the earlier of the date on which (a) the Clark County LO1T tax for public safety is repealed by the County Council, or (b) the effective date of any interlocal cooperation agreement for the consolidated E911 System required by the provisions of IC 36- 8- 16.5 -51 among all of the parties to this Agreement. 3. Primary Financing of the E911 System. Clark County shall continue to apply all • of the 911 Fees received from the State of Indiana to the fixed capital costs and operating costs of the E911 System on an ongoing basis. By July 1 of each year that this Agreement remains in effect, the executive director of the E911 System shall prepare and submit a proposed operating budget for the following year to each of the parties to this Agreement. In the event that any party to this Agreement has any objection or concern regarding the proposed budget, the executive director of the E911 System shall confer with that party in a good faith effort to amicably resolve such objection or concern. 4. ,Supplemental Financing of the E911 System. To the extent that the 911 Fees are insufficient to fully fund the operating costs of the E911 System during any budget year, the parties to this Agreement agree that the LO1T funds for public safety received by the County shall be utilized to satisfy such budgetary shortfall during that year by utilizing the following methodology: 2 a. The Clark County Auditor shall the estimated operating budget shortfall ' from the LOIT funds as shown on the previously distributed proposed budget before the Spring distribution to each party to this Agreement. b. The Clark County Auditor shall further withhold any additional amounts necessary to satisfy the actual operating expenses incurred by the E911 System for each budget year that this Agreement remains in effect from the LOIT funds before the Pall distribution to each party to this Agreement. c. The calculations of the respective withholdings from the LOIT funds for 2010 for purposes of funding the budgetary shortfall of the E911 System during such year (inclusive of the costs of funding a 911 consolidation study) are attached hereto as Schedule 1. Each party to this Agreement hereby approves such withholding and application of their respective share of 2010 LOIT finds by the Clark County Auditor. It is the intent of the parties to utilize the same methodology shown on attached Schedule 1 for all subsequent years that this Agreement remains in effect, subject to the additional requirements established by subsections (a) and (b) above. d. No LOIT funds may be withheld from distribution by the Clark County Auditor for any purpose except as expressly authorized by this Agreement or subsequent written agreement among two (2) or more of the parties to this Agreement. e. Nothing in this Agreement shall operate to modify or amend the fractional share of LOIT funds that any party to this Agreement is entitled to receive on distribution by the Clark County Auditor. 5. Accounting of Withheld Amounts. On or before February 15 of each year that this Agreement remains in effect the Clark County Auditor shall provide a detailed accounting of all LOTT funds withheld and applied to E911 System operating costs for the prior year to each party to this Agreement. 6. Method to Accomplish Partial or Complete Termination of Agreement. The State of Indiana has mandated that Clark County shall not have more than one (1) primary PSAP and one (1) back -up PSAP after December 31, 2014. The parties to this Agreement hereby commit to use good faith efforts subsequent to approval of this Agreement to negotiate an interlocal agreement establishing a mutually acceptable plan for consolidation of the E911 System in the manner required by IC 36- 8- 16.5 -51, which agreement shall replace and supersede this Agreement. Clark County intends to contribute all equipment and property of the then existing E911 System to the consolidated entity, subject only to any existing indebtedness thereon, which entity shall be administered through a joint board composed of representatives of the entities that are parties to the agreement pursuant to IC 36- 1- 7.3(a)(5)(B) (the "Board "). Each party to this Agreement shall appoint a member of the Board within thirty (30) days after their approval of this Agreement, which appointee shall either be a member of the legislative body of the unit or a full -time member of its police department or fire department, and such member shall serve until December 31, 2011, and thereafter for a tens of one (1) year. The Board shall meet not less than 3 quarterly in effort to negotiate the intended consolidation plan and replacement inter(ocal cooperation agreement. 7. Recordation of Agreement. Pursuant to IC 36- 1 -7-6, this Agreement shall be recorded with the Clark County Recorder within sixty (60) days after it is approved by the last party that is a signatory to this Agreement. Upon recordation of this Agreement, the Clark County Auditor shall file a fully executed copy with each of the following: a. The Indiana State Board of Accounts for audit purposes as required by IC 36- 1 -7 -6; b. The Indiana State Auditor as required by IC 36 -1 -7- 10(4); c. The executive of' each municipality that is a party hereto; and, d. In the records of the Clark County Auditor. 8. Approval of Agreement. As a condition precedent to this Agreement taking effect, it has been approved by ordinance adopted by each of parties as follows: a. The County Commissioners on behalf of Clark County pursuant to Ordinance No. adopted on , 2011. b. The County Council on behalf of Clark County pursuant to Ordinance No. adopted on , 2011. c. The Common Council of the City of Jeffersonville, Indiana, on behalf on o Jeffersonville, pursuant to Ordinance No. adopted , 2011. d. The Common Council of the City of Charlestown, Indiana, on behalf of Charlestown pursuant to Ordinance No. adopted on 2011. e. The Town Council of the Town of Clarksville, Indiana, on behalf of Clarksville, which approval was granted pursuant to Ordinance No. adopted on , 2011. f. The Town Council of the Town of Sellersburg, Indiana, on behalf of Sellersburg pursuant to Ordinance No. adopted on 2011. g. The Town Council of the Town of Borden, Indiana, on behalf of Borden pursuant to Ordinance No. adopted on , 2011. 4 h. The Town Council of the Town of Utica, Indiana, on behalf i of Utica pursuant to Ordinance No. adopted on , 9. Counterparts. This Agreement may be executed in one or more counterparts, each Of which shall be deemed to be an original. 10. Governing Law. This Agreement shall be governed and construed in accordance with the provisions of Indiana law. [The remainder of this page intentionally left blank. Signature pages follow.] 5 IN WITNESSETH WHEREOF, this Interlocal Cooperation Agreement for Supplemental Funding of the Operations of the Clark County E9I1 System is executed on behalf of Clark County, Indiana, by the undersigned as its duly authorized officials and representatives this day of , 2011. For CLARK COUNTY: By: M. Edward Meyer, President, Board of Clark County Commissioners By: Kevin Vissing, President, Clark County Council Attestation and Certification: The undersigned, as the duly elected and serving Auditor of Clark County, Indiana, hereby attests that on this day of , 2011, he personally witnessed the execution of this Agreement by M. Edward Meyer, the duly authorized President of the Board of Clark County Commissioners, and Kevin Visaing, as the duly authorized President of the Clark County Council. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinances enacted by the Board of Clark County Commissioners and the Clark County Council in accordance with the provisions of applicable Indiana law. R. Monty Snelling, Clark County Auditor 6 IN WITNESSETH WI-1F.REOF, this Interlaced Cooperation Agreement for Supplemental Finding of the Operations of the Clark County E911 System is executed on behalf of the City of Jeffersonville, Indiana, by the undersigned as its duly authorized officials and representatives this day of ,2011. For JEFFERSONVILLE: By: Thomas R. Galligan, Mayor of the City of Jeffersonville, Indiana Attestation and Certification: The undersigned, as the duly elected and serving Clerk- Treasurer of the City of Jeffersonville, Indiana, hereby attests that on this day of . , 2011, she personally witnessed the execution of this Agreement by Thomas R. Galligan, as the duly elected, serving, and authorized Mayor of the City of Jeffersonville, Indiana. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinance enacted by the Common Council of the City of Jeffersonville, Indiana, pursuant to the provisions of applicable Indiana law. Peggy Wilder, Clerk- Treasurer 7. IN WffNESSETH WHEREOF, this Interlocal Cooperation Agreement for Supplemental Funding of the Operations of the Clark County E911 System is executed on behalf of the City of Charlestown, Indiana, by the undersigned as its duly authorized officials and representatives this day of _ ,2011. For CHARLESTOWN: By: G. Robert Hall, Mayor of the City of Charlestown, Indiana Attestation and Certification: The undersigned, as the duly elected and serving Clerk - Treasurer of the City of Charlestown, Indiana, hereby attests that on this day of , 2011, she personally witnessed the execution of this Agreement by G. Robert Hall, as the duly elected, serving, and authorized Mayor of the City of Charlestown, Indiana. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinance enacted by the Common Council of the City of Charlestown, Indiana, pursuant to the provisions of applicable Indiana law. Donna Coomer, Clerk - Treasurer 8 • IN WITNESSETII WHEREOF; this Interlocal Cooperation Agreement for Supplemental Funding of the Operations of the Clark County 11911 System is executed on behalf of the Town of Clarksville, Indiana, by the undersigned as its duly authorized officials and representatives this day of 2011. ' For CLARKSVILLE: By: Gregory Isgrigg, Town Council President, 'Town of Clarksville, Indiana Attestation and Certification: The undersigned, as the duly elected and serving Clerk- Treasurer of the Town of Clarksville, Indiana, hereby attests that on this day of , 2011, he personally witnessed the execution of this Agreement by Gregory Isgrigg, as the duly elected, serving, and authorized President of the Town Council of the Town of Clarksville, Indiana. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinance enacted by the Town Council of the Town of Clarksville, Indiana, pursuant to the provisions of applicable Indiana law. Gary Hall, Clerk- Treasurer 9 114 WITNESSED! WHEREOF, this Interlocal Cooperation Agreement for Supplemental Funding of the Operations of the Clark County E911 System is executed on behalf of the Town of Sellersburg, Indiana, by the undersigned as its duly authorized officials and representatives this day of , 2011. For SJtLLERSBURG: By: Brian K. Meyer, Town Council President, Town of Clarksville, Indiana Attestation and Certification: The undersigned, as the duly elected and serving Clerk- Treasurer of the Town of Sellersburg, Indiana, hereby attests that on this day of , 2011, he personally witnessed the execution of this Agreement by Brian K. Meyer, as the duly elected, serving, and authorized President of the Town Council of the Town of Sellersburg, Indiana. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinance enacted by the Town Council of the Town of Sellersburg, Indiana, pursuant to the provisions of applicable' Indiana law. David Kinder, Clerk- Treasurer • 10 IN WITNESSETH WHEREOF, this Interlocal Cooperation Agreement' for Supplemental Funding of the Operations of the Clark County E911 System is executed on behalf of the Town of Borden, Indiana, by the undersigned as its duly authorized officials and representatives this day of , 2011. For BORDEN: By: , Town Council President, Town of Borden, Indiana Attestation and Certification: The undersigned, as the duly elected and serving Clerk - Treasurer of the Town of Borden, Indiana, hereby attests that on e personally he/sh S this day of , p Y witnessed the execution of this Agreement by , as the duly elected, serving, and authorized President of the Town Council of the Town of Borden, Indiana. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinance enacted by the Town Council of the Town of Borden, Indiana, pursuant to the provisions of applicable Indiana law. , Clerk- Treasurer 11 IN WITNESSETH WHEREOF, this Interlocal Cooperation Agreement for Supplemental Funding of the Operations of the Clark County E911 System is executed on behalf of the Town of Utica, Indiana, by the undersigned as its duly authorized officials and representatives this day of ,2011. For UTICA: By: , Town Council President, Town of Utica, Jndiana Attestation and Certification: The undersigned, as the duly elected and serving Clerk- Treasurer of the Town of Utica, Indiana, hereby attests that on this day of , 2011, he/she personally witnessed the execution of this Agreement by , as the duly elected, serving, and authorized President of the Town Council of the Town of Utica, Indiana. The undersigned further hereby certifies that this Agreement is a true and correct copy of the Agreement approved by ordinance enacted by the Town Council of the Town of Utica, Indiana, pursuant to the provisions of applicable Indiana law. , Clerk- Treasurer 12