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Home My WebLink About2013-R-27 BEFORE THE COMMON COUNCIL FOR THE CITY OF JEFFERSONVILLE, INDIANA RESOLUTION NO. 2013 -R- 0'7 A RESOLUTION APPROVING AND RATIFYING INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE, INDIANA AND THE GREATER CLARK COUNTY SCHOOL CORPORATION WHEREAS, the Common Council of the City of Jeffersonville, Indiana (hereinafter "the City ") by and through its Department of Redevelopment and the Greater Clark School Corporation (hereinafter referred to as "the School Corporation "), through its Board of School Trustees, entered into an Interlocal Agreement (see attached Exhibit "A "); and WHEREAS, the duration of this Agreement shall remain in full force and effect from the time it is executed by all parties until the completion of the project as described in attached Agreement; and WHEREAS, the purpose of this Agreement is to construct and complete a road project known as the Thompson Lane Project, which said project will realign Thompson Lane located on the Northwest side of 10 Street with a private access road owned and maintained by the School Corporation on the southeast side of 10 Street forming a new intersection with 10 Street at which the City will install a four -way traffic signal. This purpose has been established for the benefit of the School Corporation's students, employees, faculty, administrators, general public and citizens of the City and surrounding communities; WHEREAS, the Common Council believes that it is in the best interest of the City to enter into this Interlocal Agreement; NOW THEREFORE, IT IS HEREBY RESOLVED that the Common Council of the City of Jeffersonville does hereby approve and ratify the Interlocal Agreement providing the construction and completion of the Thompson Lane Project. VO ' ` O ' - VOTED AGAINST: ad , or . ' ` - Passed and adopted by the Common C • uncil of the City of Jeffersonville, Clark County, Indiana on this 3 day of .1 • ;I' 1, << At... , 4 i i i Connie Sellers, Council President and Presiding Officer ATTEST: 42A-66 Vicki Conlin, Clerk P esented by me as Clerk to the Mayor of said City of Jeffersonville this day of ..:,A»k , 20 13 . OkAti • Vicki Conlin, C1er h This Ordinance approved and signed by me this day ) 1 '� pp g Y y _, � 20 15 . " �II Mike Moo e, Mayor This Ordinance vetoed by me this day of , 20 . Mike Moore, Mayor INTERLOCAL AGREEMENT (Rescinding the Interlocal Agreement as Recorded in the Office of the Recorder of Clark County, Indiana, on February 8, 2010 as Instrument # I 201002208) BETWEEN THE CITY OF JEFFERSONVILLE, INDIANA (BY AND THROUGH ITS DEPARTMENT OF REDEVELOPMENT) AND THE GREATER CLARK COUNTY SCHOOL CORPORATION (THOMPSON LANE /10 STREET PROJECT) THIS INTERLOCAL AGREEMENT is entered into by and between the City of Jeffersonville, Indiana, through its Mayor, City Council, the Department of Redevelopment and Board of Public Works, (hereinafter referred to as "the City ") and the Greater Clark County School Corporation through its Board of School Trustees and through the Jeffersonville -Utica High School Building Corporation (hereinafter referred to as "Building Corporation "), its wholly owned subsidiary (hereinafter collectively referred to as "the School Corporation "). The parties shall be referred to collectively as the "Participating Governmental Entities." WITNESSETH: WHEREAS, I.C. 36 -1 -7 allows political subdivisions in the state of Indiana to enter into Interlocal Agreements; and, WHEREAS, I.C. 36- 1 -11 -8 permits the exchange of property between governmental entities and states: "A transfer or exchange of property may be made with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of a substantially identical resolution by each entity. Such a transfer may be made for any amount of real property, cash, or other personal property, as agreed upon by the entities. "; and, WHEREAS, the City and the School Corporation are political subdivisions and governmental entities under I.C. 34- 6 -2 -49, I.C. 34 -6 -2 -110, Brownsburg Community School Corporation v. Natare Corporation, 824 N.E.2d 336 (Ind.2005), and Funston v. School Town of Munster, 849 N.E.2d 595 (Ind.2006); and, WHEREAS, the City is desirous of obtaining: (1) a temporary easement; (2) a drainage easement and (3) a permanent Right -of -Way over and across land owned by the School Corporation in order to complete a road project known as the Thompson Lane Project which said project will realign Thompson Lane located on the Northwest side of 10 Street with a private access road owned and maintained by the School Corporation on the Interlocal Agreement Thompson Lane/ 10 Street Project August 2013 Page 2 of 7 Southeast side of 10 Street forming a new intersection with 10 Street at which the City will install a four -way traffic signal; and, WHEREAS, the new intersection to be created by the Thompson Lane Project will benefit the School Corporation by creating a second traffic- controlled access to and from the Jeffersonville High School campus, which will help to alleviate traffic congestion to and from school events; and, WHEREAS, the Thompson Lane Project is mutually beneficial to the City and the School Corporation; and, WHEREAS, the School Corporation supports the Thompson Lane Project and will cooperate in the steps necessary to effectuate it in accordance with the terms of this Agreement; and, WHEREAS, the parties previously entered into an Interlocal Agreement to effectuate the Thompson Lane Project and such Interlocal Agreement was recorded in the office of the Recorder of Clark County, Indiana, on February 8, 2010, as Instrument # I 201002208 (the "Initial Interlocal Agreement "); and, WHEREAS, since the initial approvals of that agreement, certain terms and conditions have changed warranting revisions to the initial Interlocal Agreement as set out in this document; and, WHEREAS, the parties agree that upon approval and recording of this Agreement, the initial Interlocal Agreement shall be rescinded. IT IS NOW, THEREFORE, AGREED BY THE PARTIES that the recitals set forth above shall be, and are hereby, incorporated herein by reference and are specifically made a substantive part of this Agreement for all purposes. IT IS FURTHER AGREED BY THE PARTIES that the initial Interlocal Agreement shall be rescinded and replaced as follows: 1. PURPOSES OF AGREEMENT: The purposes of this Agreement are as follows: A. To clarify the respective rights, duties and obligations of the participating governmental entities with respect to the Thompson Lane Project, including (1) effective transfer of a permanent Right -of -Way by School Corporation to City; (2) allow a drainage easement and (3) a temporary easement as identified and described in Attachment A, pages one and two; and, (4) grant to the City a temporary easement on the School Corporation's land to perform site Interlocal Agreement Thompson Lane /10 Street Project August 2013 Page 3 of 7 improvements (berm) along with the realignment and construction of a roadway as described above and identified on Attachment B. B. To reconfigure the location and route of the private access road across school property from 10 Street to Jeffersonville High School changing such road configuration to run in front of the building known as the former Auxiliary Services Building, now Clark County Middle /High School, from the new traffic light intersection to the existing road adjacent to Jeffersonville High School and from the traffic light intersection to the fence line bordering property owned by Christ Gospel Church. C. To affirm that the reconfigured access road will be constructed and completely installed at the City's expense on land owned by the School Corporation and that once installation of the roadway is 100% completed, the access road toward Jeffersonville High School shall remain a private road and the School Corporation shall be responsible for maintaining it after construction is completed. *Note: The construction will include the creation of a berm to separate the football /soccer practice field from the new road for safety purposes with the City using dirt removed for the roadway construction to create the berm; D. To require that this Agreement be recorded in the office of the Recorder of Clark County, Indiana by the City with a copy of said fully executed and recorded document provided to the School Corporation. 2. DURATION: This Agreement shall begin at such time when all parties hereto have signed this Agreement and has been appropriately recorded and remain in full force and effect from the time it is executed by all parties until its provisions have been completed. Until the new access road to Jeffersonville High School from the new Thompson Lane intersection has been completed by the City, the existing access roadway to Jeffersonville High School shall remain open to 10 Street. 3. MANNER OF FINANCING, STAFFING AND SUPPLYING THE JOINT UNDERTAKING AND OF ESTABLISHING AND MAINTAINING A BUDGET THEREOF: a. Manner of Financing: i. The City, by and through its Department of Redevelopment, shall prepare and pay for all legal documents necessary to effectuate the transfer of, or access to, the land areas related to the road projects described herein, including the private road construction. Such documents shall include, but may not be limited to deeds, easements (whether temporary, permanent, Interlocal Agreement Thompson Lane/ 10 Street Project August 2013 Page 4 of 7 drainage or road right -of -way), title search, title insurance, appraisals, sales disclosure forms, and related recording fees. ii. The City, by and through its Department of Redevelopment, shall pay all costs associated with engineering, design, site development and construction for the intersection, traffic signal and road projects described herein. iii. The City, by and through its Department of Redevelopment, shall perform and pay for all costs associated with site improvements including the construction and installation of the private access road on School Corporation property and safety berm that will intersect with the newly installed Thompson Lane intersection from Jeffersonville High School and Christ Gospel Church. iv. The School Corporation waives its right for payment per the Right -of -Way Agreement in the amount of $46,750.00 and will execute the "Donation of Right -of -Way Agreement with an Appraisal or Market Estimate" document to reflect the waiver. b. Staffing: The City, by and through its Department of Redevelopment, shall pay all costs associated with staffing needs related to the roadway project(s). The City shall notify the School Corporation when work is to begin on the private road on school property in order that the School Corporation to make transportation adjustments as necessary. c. Maintenance of Budget: The City and School Corporation shall each maintain records related to the land transfers and costs associated with this agreement. No continuing budget will be required. d. Supplying the Joint Undertaking: i. In conjunction with the project as defined herein, the City, by and through its Department of Redevelopment, shall be responsible for all costs associated with the project. ii. In conjunction with the project as outlined herein, the Building Corporation on behalf of the School Corporation has executed all required Rights -of- Way, Easements, and Deeds related documents for the benefit of the project. iii. The City and the School Corporation agree that the roadway on property owned by the School Corporation shall be installed by the City in the location and manner as shown in Attachment B, which is attached to and made a part of this Agreement. 4. METHODS THAT MAY BE EMPLOYED IN ACCOMPLISHING THE PARTIAL OR COMPLETE TERMINATION OF THIS AGREEMENT: This Agreement shall terminate upon the completion of all land transfers and related site work as indicated above. Interlocal Agreement Thompson Lane/ 10 Street Project August 2013 Page 5 of 7 5. ADMINISTRATION: This Agreement shall be administered jointly by the Mayor of the City of Jeffersonville and the School Corporation's Superintendent of Schools, or their designees. These individuals shall be authorized to perform all duties and carry out all functions as are necessary to effectuate the purpose of this Agreement. 6. ACQUIRING, HOLDING AND DISPOSING OF PROPERTY: All rights, title and interest in the described parcels of real property shall be transferred as indicated herein. 7. PAYMENT SCHEDULE: No payment schedule will be needed related to this Interlocal Agreement. The costs associated with the roadway projects and site improvements shall be borne in total by the City, by and through its Department of Redevelopment. 8. APPROVALS: Approval of this Interlocal Agreement shall be given by the School Corporation, the Jeffersonville Board of Public Works, and the Jeffersonville Department of Redevelopment, and the Mayor of Jeffersonville. Note: Approval by the Board of School Trustees for the Greater Clark County School Corporation acts to bind the Jeffersonville -Utica High School Building Corporation, its wholly owned subsidiary. The School Corporation has acquired all approvals from the Building Corporation as necessary and appropriate to make this Interlocal Agreement binding upon the Building Corporation. 9. FILING: The parties agree that upon approval by all parties, this Amendment to the Initial Interlocal Agreement shall be recorded in accordance with Indiana law at the City's expense. The City shall record all required documents and shall provide a recorded copy of all recorded documents to the School Corporation. Within sixty (60) days of the date the Agreement takes effect, both parties shall file a recorded copy with the State Board of Accounts for audit purposes pursuant to IC 36- 1 -7 -6. 10. PURCHASE, SALE, OR EXCHANGE OF SERVICES, SUPPLIES OR EQUIPMENT: Whenever a contract provides for the purchase, sale, or exchange of services, supplies, or equipment between or among Indiana governmental entities, no notice by publication or posting is required pursuant to IC 36- 1 -7 -12. 11. INDEMNIFICATION AND HOLD HARMLESS: The City as identified herein agrees to indemnify and hold harmless the Jeffersonville - Utica High School Building Corporation, the Greater Clark County Schools, its Board Inter local Agreement Thompson Larte/10 Street Project August 2013 Page 6 of 8 of School Trustees, its officers, employees, and agents from all claims, expenses, losses, liability and damage, including attorney's fees, resulting from injuries to persons or property or arising from, growing out of or connected with the City's activities performed in conjunction with this project or any act or omission of the City of Jeffersonville or its employees or agents. Likewise, the Jeffersonville-Utica High School Building Corporation, the Greater Clark County School Corporation's Board of School Trustees agree to indemnify and hold harmless the City of Jeffersonville, its officers, employees, and agents from all claims, expenses, losses, liability and damage, including attorney's fees, resulting from injuries to persons or property or arising from, growing out of, or connected with the School Corporation's involvement with any activities performed in conjunction with this project or any act or omission of the School Corporation or its employees or agents. 12. INITIAL INTERLOCAL AGREEMENT: Upon approval by all parties and the recording of this Interlocal Agreement in the office of the Recorder of Clark County, Indiana, said agreement shall rescind and replace, in total, the Interlocal Agreernent approved and recorded in the office of the Recorder of Clark County, Indiana, on February 8, 2010 as Instrument # 1 201002208. IN WITNESS WHEREOF, the parties have affixed their signatures hereto indicating their respective approvals of this Interlocal Agreement for the benefit of the School Corporation's students, employees, faculty and administrators along with the general public and citizens of the City of Jeffersonville and surrounding communities. BOARD OF SCHOOL TRUSTEES FOR THE GREATER CLARK COUNTY SCHOOL. CORPORATION -1 ii 1 A A , .. a 141 ey r - s de . t '1 . ..,. Attest 7 , i : er 8 ecri ary t t...-- ...,- Date of Approval: &Pit 4,- - 3, 201 ' 3 Interlocal Agreement Thompson Lane/ 10 Street Project August 2013 Page 7 of 7 COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE • Connie Sellers, Presi s ent Presiding Officer Attest: ox,,,,u;,, City Clerk Date of Approval: 3 dani-E JEFFERSONVILLE DEPARTMENT OF REDEVELOPMENT President Attest: Secretary Date of Approval: Jointly Prepared by: Sandra W. Lewis, General Counsel Les Merkley, Corporate loA ID # 15217 -10 ID #19851 -10 Greater Clark County School Corporation City of Jeffersonville, IN 2112 Utica - Sellersburg Road 500 Quartermaster Ct., Suite 250 Jeffersonville, IN 47130 Jeffersonville, IN 47130 (812) 283 -0701 (812) 285 -6402