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Home My WebLink About2024-R-13 Resolution Approving Interlocal Agreement Between Jeffersonville & Utica Township Fire Protection District RESOLUTION NO. 2024-R-_ BEFORE THE JEFFERSONVILLE COMMON COUNCIL STATE OF INDIANA A RESOLUTION APPROVING INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE AND THE UTICA TOWNSHIP FIRE PROTECTION DISTRICT WHEREAS, the Common Council for the City of Jeffersonville, Clark County, Indiana (the "Council"), is the city's statutory legislative and fiscal body pursuant to I.C. 36-4-5-6 (as amended); and WHEREAS, the Council, on behalf of the City desires to provide fire protection to the Utica Township Fire Protection District; and WHEREAS, the Council, supports the need for public safety in the community including within the Utica Township Fire Protection District; and WHEREAS,the Council believes providing fire protection to those residents and property owners located in the Utica Township Fire Protection District promotes the general welfare and public safety; and WHEREAS, the City of Jeffersonville and the Utica Township Fire Protection District have negotiated the attached Agreement(Attachment"A")allowing the City of Jeffersonville Fire Department to provide fire protection to the Utica Township Fire Protection District; and NOW,THEREFORE BE IT RESOLVED BY THE JEFFERSONVILLE COMMON COUNCIL,COUNTY OF CLARK, STATE OF INDIANA,THAT: 1. The Council hereby approves the attached Interlocal Agreement(Attachment"A"). 2. This resolution shall be in full force and affect after its passage, approval and confirmation require by law. SO APPROVED ON THIS /9 DAY OF 4G,q(,,S 4 , 2024. VOTED FOR: VOTED AGAINST: F(A/021A7 PASSED AND RESOLVED by the Common Council of the City of Jeffersonville, Clark County, Indiana, upon this I9 day of at?i,S4- , 2024. / 1}1LL Dustin White, President ATTEST: AL'C' Lisa Gil Clerk PRESENETED BY ME TO THE MAYOR OF JEFFERSONVILLE, CLARK COUNTY, INDIANA UPON THIS ,QO DAY OF Qldt_ G g I- , 2024. Lisa Gilt, Clerk SIGNED AND APPROVED BY ME ON THIS eA90 D OF 4,pp1- 2024. UU Mike Moore Mayor ATTACHMENT"A" INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE AND THE UTICA TOWNSHIP FIRE PROTECTION DISTRICT "ATTACHMENT A" INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE AND THE UTICA TOWNSHIP FIRE DISTRICT THIS AGREEMENT is entered into by and between the City of Jeffersonville, Indiana, ("the City"), through the Mayor and Common Council; and, the Utica Township Fire Protection District("the District"),through its Board of Trustees. I. PUBLIC ENTITIES. The City is an entity established under IC 36-4-6. The District is an entity established under IC 36-8-11. Each of these entities has the legal ability and authority to enter into an Inter-Local Agreement of this type. 2. PURPOSE OF AGREEMENT. The City is an entity whose function includes the operation of a full-time professional fire department for its residents. The primary purpose of the District, among other things, is to provide fire protection within the boundaries of the District. The City and the District have entered into negotiations whereby the City would provide fire protection for the District. 3. THIS AGREEMENT PROVIDES. a) That the City,by and through its Fire Department, shall serve as the primary Department to provide fire protection for the areas located within the District including Utica Township and the Town of Utica; and, b) That this agreement shall not become affective until the District terminates any other agreement or arrangement it may have with any other entity for fire protection;and, c) That the District shall transfer its funds to the City it receives in tax disbursement in Fall 2024, Spring 2025 and Fall 2025 excluding the Cumulative Fund disbursements the District receives; and, d) That the City and the District shall commence the statutory requirements for the creation of a Fire Territory ("the Territory"), with the City, by and through its Fire Department, as the Provider Unit for the Territory; and, e) That the City and the District shall hold the three(3) meetings required by statute for the creation of the Territory jointly, in January 2025; and, f) That the creation of the Territory is contingent upon the City and the District entering into a new interlocal agreement for the purposes of establishing each parties' respective long-term responsibilities and duties; and, g) That it is anticipated that the Territory shall begin in January 2026; and, Page 1 of 4 h) That the Territory shall include the staffing and operation of EMS within the boundaries of the Territory; and, i) That when the Territory begins in 2026, the City shall pay-off all indebtedness owed by the District as of August 1,2025; and j) That the District shall not incur any additional indebtedness after August 1, 2025; and k) That upon the creation of the Territory the ownership of the two (2) Utica Township fire stations located on Utica Pike and Utica-Sellersburg Road shall be transferred to the City in January 2026; and 1) The transfer of the fire stations located on Utica Pike and Utica-Sellersburg Road shall include a revisionary interest to the District in the event the property is no longer used for fire protection or may be sold by joint agreement of the City and the District. This purpose of this Agreement is for the benefit of the general welfare and safety of the public and the citizens of the City and the District and surrounding communities. 4. DURATION. This Inter-Local Agreement shall remain in effect through December 31, 2025. Further, this Agreement shall survive changes in administration or board members of said entities. 5. MANNER OF FINANCING, STAFFING AND SUPPLYING THE JOINT UNDERTAKING AND OF ESTABLISHING AND MAINTAINING A BUDGET THEREFORE. a) Manner of Financing: The District will transfer the City its tax disbursements in the Fall 2024, Spring 2025 and Fall 2025, excluding the Cumulative Fund disbursements the District, pursuant to the payment schedule set forth in Item 9. These funds will be used by the City to assist in funding its commitment in providing fire protection for the District. The City will be responsible for any additional funding that may be necessary to fulfill its obligations set forth herein. b) Staffing: The City will provide the necessary staffing for fire protection to be undertaken with these funds. c) Maintenance of Budget: The City will maintain records of the budget for the funds provided by the District and the District will maintain records of the funds used per this Inter-Local Agreement. d) Supplying the Joint Undertaking: By the City providing fire protection for the District herein; the District providing its funds for the fire protection, the joint undertaking will be accomplished. Page 2 of 4 6. ADMINISTRATION. This Agreement shall be administered by Fire Chief and Mayor of the City of Jeffersonville and the District's board, or its designee. These individuals shall be authorized to perform all duties, as applicable to their responsibilities, to carry out all functions as are necessary to effectuate the purpose of this Agreement. 7. METHODS THAT MAY BE EMPLOYED IN ACCOMPLISHING THE PARTIAL OR COMPLETE TERMINATION OF THIS AGREEMENT. This Agreement shall continue in its entirety for the duration, as set out in Item 4, above. 8. ACQUIRING, HOLDING AND DISPOSING OF PROPERTY. Any property to be acquired, held or disposed of related to the subject matter of this Agreement shall be City property. 9. PAYMENT SCHEDULE. All payments to the City shall be made within thirty (30) days upon the District receiving its semi-annual tax settlement proceeds (Fall 2024, Spring 2025 and Fall 2025). In the event, the Territory is created, any funds remaining in the District's cumulative fund as of January 1, 2025 shall be immediately paid to the City to help satisfy the District's indebtedness. 10. APPROVALS. All parties to this Agreement have approved the terms and conditions of said document. a) The Common Council and Mayor of the City of Jeffersonville, Indiana by Resolution on ,2024 and b) The Board of Trustees for the Utica Township Fire Protection District by Resolution on e]t3 , 2024. 11. FILING. The parties agree that upon final approval of each entity, the Resolutions and this Agreement, known as Attachment A, shall be returned to the Corporation Counsel for the City of Jeffersonville and the City will record the Agreement. Recorded copies of the Agreement shall be provided by the Corporation Counsel to the District's board. Within sixty (60) days of the date the Agreement takes effect, all parties shall file a recorded copy with the county auditor and the State Board of Accounts for audit purposes pursuant to IC 36-1-7-6. IN WITNESS WHEREOF, the parties have affixed their signatures hereto on the dates shown above in Paragraph 10, indicating their respective approvals of this Inter-local Agreement for the benefit of the general welfare and safety of the public and the citizens of the City and the District and surrounding communities. *END OF AGREEMENT* [SIGNAGTURE PAGE FOLLOWS] Page 3 of 4 COMMON COUNCIL OF THE CITY OF JEFFERSOVNILLE 11)&r 7-Obit Dustin White, President Presiding Officer Attest: n • Lisa Gin J City Clerk Prepared by: Leslie D. Merkley(Atty. #19851-10) Corporation Counsel City of Jeffersonville 500 Quartermaster Ct.,Suite 250 Jeffersonville, IN 47130 (812)285-6423 imerkley@cityofj eff.net IN WITNESS WHEREOF, the parties have affixed their signatures hereto on the dates shown above in Paragraph 10, indicating their respective approvals of this Inter-local Agreement for the benefit of the general welfare and safety of the public and the citizens of the City and the District and surrounding communities. BOARD OF TRUSTEES OF THE UTICA TOWNSHIP FIRE PROTECTION DISTRICT Joe arles, esident Randy Lev ett, Vic* Pe.3i� Page 4 of 4 IN WITNESS WHEREOF,the parties have affixed their signatures hereto on the dates shown above in Paragraph 10, indicating their respective approvals of this Inter-local Agreement for the benefit of the general welfare and safety of the public and the citizens of the City and the District and surrounding communities. MAYOR OF THE CITY OF JEF RSO ILLE Mike Moore, Ma or Attest: c . , t Lisa Gill City Clerk