HomeMy WebLinkAbout1993-R-25 1993 AGREEMENT BETWEEN TIlE CITY OF JEFFERSONVILLE,
CLARK COUNTY, INDIANA AND
TIlE JEFFERSONVILLE-CLARK COUNTY BUILDING AUTHORITY
PROVIDING FOR THE EXCHANGE OF ALLOCATED SPACE
AND PAYMENT OBLIGATIONS IN THE CITY-COUNTY BUILDING
AND PROVIDING FOR PAYMENT OF RELATED EXPENSES
BY CLARK COUNTY, INDIANA CIVIL GOVERNMENT
WHEREAS, Clark County, Indiana government through its Board of
Commissioners ("the Board") and Jeffersonville city government through its Mayor
and Common Council ("the City") are tenants to an existing lease ("the lease")
wi~.h the Jeffcrsonville-Clark County Building Authority ("the Authority") which
lease commenced in 1968 and provided for the renting of space by the Authority
to the City and County respectively;
WItEREAS, the Board is required under Indiana law to provide courtroom
space and court facilities to all circuit, superior and county courts that are located
in Clark County, Indiana;
WIIEREAS, the Board has proposed certain terms of transfer of space, and
payment obligations, to the City by way of a letter issued on September 3, 1993
("the letter") by the President of the Board and directed to the Mayor and
President of the Common Council of the City';
WilEREAS, the Agrcemeat provides for certain transfers of space presently
leased by the Authority to the City and for certain common usages of public
meeting space in the City-County Building, Jeff:rsonvillc, Indiana by bo'h
representatives of the County a~d the City;
WHEREAS, the proposed terms further provide for a net annual savings in
lease rental and maintenance expenses by the City that would n~rmally be payable
to the Authority under the lease;
WHEREAS, all parties herein acknowledge that the rental rates an,.!
calculations provided in the letter are based on the 1992-93 total budget for tl:c
Authority. 3.11 parties 2:rther agre: that such total budge'; for ti',e Authority,
payable and funded from the City ar.d County, respectively, may increase or
decrease fron: time to rinne duri::g the remainder o7 the lease'
Page 2
WHEREAS, pursuant to the terms of the letter, and by execution hereon,
the Board will be responsible for payment of all expenses related to change and
renovation of the existing City Council meeting room, Second Floor, Judicial
Wing, City-County Building, into a courtroom facility. The Board further will be
responsible for all renovations necessary to effectuate accommodation of the City
detectives in the currently existing County Council room, Third Floor,
Administrative Wing, City-County Building and the Board will further be
responsible for all changes and renovation that are necessary to accommodate the
multi-purpose meeting room on the Third Floor, Room 308, Administrative Wing,
City-County Building;
WHEREAS, the City and County agree that the exchange of space and
expense obligations provided in the letter will result in an annual savings to the
City, reducing the amount of monies that are required to be paid to the Authority
under the lease.
NOW, TIIEREFORE, BE IT AGREED BY TIIE CITY, THE COUNTY
AND TIIE AUTItORITY AS FOI,LOWS:
(l) That the City accepts, approves and agrees to the terms and proposals
for space exchange, expense payment and future allocation of space and rental
obl;gations contained in the September 3, 1993 letter signed by' Ralph Guthric,
President of the Board of Commissioners of Clark County, Indiana, consisting of
five (5) pages plus an attachment, which document is incorporated by reference
herein and made ~, part hereof;
(2) The City has executed this Agreement by and through the City
Executive and by and through the President of the Common Council of the City
of Jeffers¢:nville. These signatures have been attested to by the Clerk-Treasurer
of the City of Jeffersonville;
(3) The Bo'trd has executed this Agreement by and through its Board of
Commissioners. These signatures have been attested to by the Auditor of Clark
Ind~
County, '~
(4) The Authority has executed this Agreement by and through its President
and ''m~s; ~:=,,~...,.o;o"ot',~ h~s been ,~:tested~' to by the Secretary of the Jeffcrsonville-C!ar'..:
Page 3
(5) That upon execution of this Agreement the Board shall be immediately
entitled to commence that renovation work that is necessary to effectuate the terms
of this Agreement for the Superior Court No. 2, for the Jeffersonville detectives
office and for the multi-purpose meeting room.
(6) The Authority agrees to reallocate space in the City-County Building
pursuant to this Agreement and to allocate future billings accordingly;
(7) The Mayor and President of the Common Council of the City of
Jeffersonville are hereby designated by the City, along with the President of the
Board of the County, to discuss and settle any incidental issues that may arise
during the implementation of this Agreement. The President of the Board of
Commissioners is likewise so authorized on behalf of the County.
TiIIS AGREEMENT SIGNED AND APPROVED BY THE MAYOR
AND COMMON COUNCIL OF THE CITY OF JEFFERSON¥ILLE,
INDI.a2qA AS INDICATED BY TIIE MAYOR'S SIGNATURE AND THE
SIGNATURE OF TIlE PRESIDENT OF TItE COMMON COUNCIL
BELOW ON SEPTEMBER 27, 1993.
CITY OF JEFFERSONVILLE, INDIANA
BY: Raym~nd J. Parker, Jr. , Mayor
COMMON COUNCIL OF
JEFFERSONVILLE, INDIANA
BY: Re, bert Potter, President
Attest:
Richarcl Spe neet ~C!erk~'~-'~s~ ret
City o~: Jcffersonv'ille, indiana
Page 4
TI-nS AGREEMENT SIGNED AND APPROVED BY THE BOARD OF
COMMISSIONERS OF CLARK COUNTY, INDIANA AS INDICATED BY
THEIR SIGNATURES BELOW ON /69./~'~/'~
Attest:
p. Oro X' d tor
U]ark'County, h',diana
BOARD OF COMMISSIONERS OF
CLARK COUNTY, INDIANA:
Ralph Outhrie, President
~regory/L. Is~rigg Y
TillS AGREEMENT SIGNED AND APPROVED BY TIlE BOARD OF
DIRECTORS OF TIIE JEFFERSONVILLE-CLARK COUNTY BUILDING
AUTIIORITY AS INDICATED BY TIlE SIGNATURE OF TIIE PRESIDENT
OF TIlE BOARD AS SIIOWN BELOW ON
BOARD OF DIRECTORS OF THE
JEFFERSONVILLE-CLARK COUNTY
BUILDING AUTHORITY BY:
Prcsid~t
Attest:
S~c'rctary
RALPH GUTHRIE
PAUL F. GARRETT
GREGORY L. ISGRIGG
BOARD OF COMMISSIONERS
CLARK COUNTY
CITY-COUNTY BUILDING
JEFFERSONVILLE~ INDIANA 47130
812-285-6276 · 812-285-6275
FAX 812-285-6366
DANIEL E. MOORE, Attorney
ROBERT L. SCOTT, Superintendent
HYUN T. LEE, Engineer
September 3, 1993
Mayor Raymond J. Parker, Jr.
Mr. Robert Potter, City Council President
c/o Room 404
city-County Building
Jeffersonville, Indiana 47130
Dear Mayor Parker and Council Members:
This letter is a follow-up to a meeting this past week with
each of you, Steve Stemler from the City Council, Dennis Simon from
the County Council and Mr. Moore and Mr. Gillenwater, attorneys.
We met to discuss the County's request to make a space exchange in
the city-County Building so that Superior Court No. 2 could begin
its operations in what is now the city Council meeting room on the
second floor, judicial wing.
Under the law, the County Commissioners are required to
provide court space for all circuit, superior and county courts.
Superior Court No. 2 provides service for all citizens of Clark
County, whether living in cities or towns or in the unincorporated
county. This court handles criminal cases, welfare cases, divorce
and civil matters and needs to be centrally located, with the other
courts so as to prevent great inconvenience fox transport of
prisoners by local police departments. It needs to be in the same
building as the jail and clerk of the court. County government,
due to prohibitive expenses, is planning to auction the courthouse
annex building where the court is now located~ along with the local
we!f~.~re department.
The County believes the exchang~ of space proposal i set out
in this letter can realize a service to the City as well as a
financial savings to your budget. Both the City and Couaty
annually pay rent for (a) debt retirement and (b) maintenance of
the City-County Building. This last category is termed "additional
rental" to the Authority and is subject to change annually while
Mayor Raymond J. Parker,
Mr. Robert Potter
September 3, 1993
Page 2
Jr.
the "fixed rental" always remains the same ($313,000.00) to retire
the building bonds.
Pursuant to a 1990 agreement between the City and County,
settling some then-existing space issues, the city is now charged
with 26.648% of both fixed and additional rental, while the County
pays 73.352% of both. Space in the building is comprised of three
designations as follows:
(1) city space
(2) County space
(3) Unallocated space
(19,437 square feet presently)
(59,503 square feet presently)
As space arrangements change from time to time, the Authority
is empowered to adjust the rental percentages accordingly. Neither
the city nor the County are specifically charged for rent of
unallocated space.
With the above information as background, and considering our
recent meeting and the meeting between County representatives and
the city's police detectives thereafter, the County would like to
propose that it assume possession/allocation and rent obligations
for what is now the City Council meeting room and its supporting
offices (3,004 square feet). We also propose that the City assume
possession/allocation of the current County Council meeting room as
enlarged by the space adjustments shown on the attachment to this
letter (1,188.4 square feet). The City detectives have recently
inspected this space, as the County is willing to enlarge it, and
have approved it for their needs. This location places the
detectives in close proximity to the Prosecutor's office and also
provides a law enforcement presence on the administrative side of
the city-County Building, for the benefit of all individuals
working there. ~
The square footage to be allocated each government under this
proposal would change to:
CO~NTY
59,503
- 936
- ia4
+
61,427
(PFeviously)
(County Council Room)
(Weights & Mea,~res)
(New Court Area)
Mayor Raymond J. Parker,
Mr. Robert Potter
September 3, 1993
Page 3
CITY
19,437 (Previously)
+ 936 (County Council Room
+ 144 (Weights Measures)
+ 108 (Previously Unallocated)
- 3~004 (Court Area)
17,621
The County further proposes that Room 308 in the
administrative wing of the building become a multi-purpose meeting
room for all city and County councils and boards. Aside from
letting our constituents know that we can share space and work
together, this entire proposal works several economic benefits for
city government. I will briefly set them out here. A starting
point is determining the rental rate per square foot of space in
the building. Because of the size of the Authority budget in 1990,
it was agreed that the rental rate in that year was $12.34/sq. ft.
The 1992-1993 Authority budget is $900,000.00, a reduction from the
1990 budget. By dividing the total square feet already allocated,
plus 10S square feet to be added to the proposed new location for
the city detectives (current County Council area), the total square
footage at issue is 79,048. By dividing this number into the total
Authority budget, a rental price per square foot of $11.39 results.
Under the County proposal:
(a)
(b)
(c)
The County will assume, and save the City the rental
expense for 3,004 square feet (new court area) x
$11.39/sq. ft. or $34,215.56. This space will become
County space for Superior Court No. 2.
The County will enlarge the current ~ounty Council
meeting room by taking space from the cu~;rent Weights and
Measures office and by utilizing certain hallway space so
that the detectives occupy a total of 1,188.4 square
f~et. The City will pay the rent for this space of
~$11.39/sq. ft. x 1,188.4) $t3,535.8%. This space will
l~ecome city space for its detectives.
The percentages allocated in the building will change to
the County occupying 61,427 squa,e feet, while the city
occupies 17,621 square feet. Thus, the percentages of
occupancy/rent obligation will be as follows:
Mayor Raymond J. Parker,
Mr. Robert Potter
September 3, 1993
Page 4
Jr.
(d)
County: .777%
city: .223%
The County will grant the City a perpetual right to
utilize the multi-purpose meeting room, with no rental
expense to the city, thus saving the City a rental
expense of ($11.39/sq. ft. x 1,056 square feet in this
room, x .223) $2,682.20;
(e)
The County will pay the following expenses under this
proposal:
1. Renovation of current city meeting room into a
traditional courtroom facility;
2. Renovation of ne~z city detective area as per
plans of Chief Elliott and detectives;
3. Renovation of multi-purpose meeting room
(e.g., carpet, walls, sound system);
4. Installation of accordion-type wall to expand
capacity of this room up to, approximately,
I10 people (more than current city Council
room);
5. Moving crews and expenses, if necessary.
The net savings to the city, using the most recent Authority
rates available, is $23,361.89. The savings will be greater as the
cost/sq, ft. increases with the size of the annual Authority
budget. Additionally, the County will provide scheduling,
maintenance and repair services for the multi-purpose meeting room.
The Commissioners and County Council believe that this effort
in moving a court that serves all citizens to the p~imary seat of
government, while cooperating and sharing current administrative
space, demonstrates to the public that we can, indeed, work
together. The County makes this proposal in good faith based on
present circumstances. We believe it plovides ~enefits to both
governments involved.
Mayor Raymond J. Parker,
Mr. Robert Potter
September 3, 1993
Page 5
Jr.
Please let the Commissioners know if City government will
agree to this exchange of space and rental obligations and the
mutual use of Room 308 perpetually for meetings of the city Council
and the city's boards. With the building auction pending, it would
be helpful if we had an agreement within the next two (2) weeks.
Very ~ruly yours,
Ralph Guthrie, President
Board of Commissioners of
Clark County
RG:pf
cc:
Paul F. Garrett
Gregory L. Isgrigg
Dennis O. Simon
Daniel E. Moore
Michael A. Gillenwater