HomeMy WebLinkAboutInterlocal Cooperation Agreement Between the City of Jeff & Utica Twp Fire Protection District, for Creation of the Jeff-Utica Fire Protection Territory INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF
JEFFERSONVILLE AND THE UTICA TOWNSHIP FIRE PROTECTION
DISTRICT, FOR CREATION AND OPERATION OF THE JEFFERSONVILLE-
UTICA FIRE PROTECTION TERRITORY
This Interlocal Cooperation Agreement ("Agreement") is being entered into by and
between the City of Jeffersonville,Indiana("City"or"Provider Unit"), and the Utica Township
Fire Protection District, Clark County, Indiana("District"or"Participating Unit"), and shall be
effective as of the date of recordation of this Agreement with the Clark County Recorder.
For the purposes of Ind. Code § 36-8-19-2 and 36-8-19-5, the City and District are
Participating Units adopting an ordinance or resolution authorizing each respective unit of
government to become a party to an agreement for the establishment of a fire protection
territory. This Agreement is intended further to be effective no later than July 1, 2025, in
accordance with Indiana Code.
DECLARATION OF PURPOSE
WHEREAS, the City, by and through its Common Council, has adopted an ordinance
pursuant to Ind. Code § 36-8-19-6,to establish the Jeffersonville-Utica Fire Protection Territory
("Territo y"), as evidenced by Ordinance No. DaS- (adopted by the Common Council on
the W day of t&r , 20 2S ; and
WHEREAS, the District, by and through its Board of Fire Trustees ("District Board"),
has adopted a resolution identical to the aforementioned ordinance adopted by the City to
establish the Jeffersonville-Utica Fire Protection Tei toAry, as evidenced by Resolution No.
g.S , adopted by the on the day of `v\C rcA, ,20 2S ; and
WHEREAS, in order to clarify and define the agreement of the City and District as to
who will administer the affairs of the Territory, the parties have entered into this Agreement;
WHEREAS, Ind. Code § 36-1-7, et seq., provides that a power that maybe exercised by
an Indiana political subdivision and by one or more other governmental entities may be exercised
by one or more entities on behalf of others or jointly by the entities entering into a written
Interlocal Cooperation Agreement; and
WHEREAS, the City and District are desirous of entering into an Interlocal Cooperation
Agreement related to the operation and governance of the Jeffersonville-Utica Fire Protection
Territory.
NOW,THEREFORE, the City and the District do hereby mutually agree as follows:
ARTICLE I: CREATION OF THE JEFFERSONVILLE-UTICA FIRE PROTECTION
TERRITORY
Section 1.1. Territory Established. The City and District hereby ratify and affirm the
establishment of the Territory as a fire protection territory under the provisions of I.C. 36-8-19,
et seq. The geographic area constituting the Territory shall include all of the areas within the
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corporate boundaries of the City and all areas within the District. The area contained within the
Territory is further illustrated and described on Exhibit A attached hereto.
Section 1.2. Purposes of the Territory. In accordance with Ind. Code § 36-8-19-5,the
Territory is hereby established for the following purposes:
a. Fire protection, including the capability for extinguishing all fires that
may be reasonably expected because of the types of improvements,personal property and real
property within the boundaries of the Territory;
b. Fire prevention, including identification, inspection and elimination of
all potential and actual sources of fire hazard;
c. Other purposes or functions related to fire protection and fire
prevention including,but not limited to,providing emergency medical services.
Section 1.3. Uniform Tax Rate. The City and District hereby agree to establish and
impose a uniform tax rate upon all taxable property within the Territory for the purposes set forth
in Section 1.2 above, in accordance with the terms of I.C. 36-8-19-6(c)(3)(A) and 36-8-19-8.
The City and District further agree to also establish a uniform tax rate upon all taxable property
within the Territory for the purpose of funding an equipment replacement fund pursuant to I.C.
36-8-19-8.5 for the purpose set forth in Section 1.4(b) of this Agreement.
Section 1.4. Provider Unit. For the purposes of this Agreement,the City is hereby
designated as the Provider Unit for the Territory("Provider Unit"). The Provider Unit shall
fulfill its obligations as further described and delegated in this Agreement. In addition to
the other rights and responsibilities set forth in this Agreement, the Provider Unit shall:
a. Establish and maintain the Jeffersonville-Utica Fire Protection Territory
Fund("Operating Fund") from which all expenses of operating and maintaining fire protection
services for the Territory,including repairs,fees,salaries,depreciation on all depreciable assets,
rents, supplies, contingencies, and all other expenses lawfully incurred on behalf of the
Territory shall be paid. The foregoing purposes are the sole purposes for the Operating Fund
and money in the Operating Fund may not be used for any other expense or purpose;
b. Establish and maintain the Jeffersonville-Utica Fire Protection Territory
Equipment Replacement Fund ("Equipment Fund") for the purchase of fire protection and
emergency response equipment, including making required payments under any potential
installment, conditional sale, mortgage contract or lease rental with option to purchase such
equipment, which will be used to serve the Territory in accordance with I.C. 36-8-19-8.5 and
8.7,if applicable herein;
c. Establish a uniform tax levy required to fund the estimated budget of
the Territory in accordance with I.C. 36-8-19-8(c);
d. Effect transfers to the Operating Fund and Equipment Fund from
sources available to the Provider Unit and/or the Participating Units(s) as provided for in I.C.
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36- 8-19- 8(b), (d) and (e) and 36-8-19-8.5(b) and I.C. 36-8-19-8.6.
e. Through the Provider Unit's Controller, receive and deposit in the
Operating Fund and Equipment Fund, if applicable, all sums payable to or on behalf of the
Territory and make all necessary disbursements by or on behalf of the Territory from the
Operating Fund and Equipment Fund. Except as otherwise provided in this Agreement, no
disbursements shall be made from the Operating Fund or Equipment Fund except for claims
approved by the Common Council of the City, as the case may be established herein;
f. Through the Provider Unit's Controller,provide administration of all
employee payroll and benefits related to the operation of the Territory, including the
administration of group medical insurance benefits, retirement contributions and benefits,
worker's compensation coverage and all other employee benefits for full-time firefighters
providing services to the Territory;
g. Through the Provider Unit's Controller,provide for and administer
all liability insurance coverage for the Territory, and the personnel and equipment serving
the Territory and include as co-insureds on all such policies each Participating Unit,the elected
officials of the Participating Unit,the Territory,the Department established herein and any other
appropriate party. Substantive changes in liability insurance coverage or carriers shall be made
only after consultation and approval of the Provider Unit;
h. Submit an annual report to the Common Council and the District Board,
including an accounting for all receipts and disbursements from the Operating Fund, the
Equipment Fund and any other accounts or funds utilized to receive, disburse or hold funds
generated or utilized for the purpose of the Territory. The annual report shall include the
allocation of interest accrued on the investment of Territory operating balance funds held by the
Provider Unit.
i. The Provider Unit's Controller shall transfer to the District Board's
administrative account the sum of$30,000.00 no later than July 15th in the initial year (2026)
of this agreement. Thereafter, the Provider Unit's Controller shall transfer funds to the District
Board no later than July 15th each subsequent year to ensure there is a balance of$30,000.00
the administrative account. The funds in the administrative account shall be used by the District
Board to pay any and all administrative costs and/or expenses reasonably incurred by the
District.
Section 1.5. Jeffersonville Fire Department Established. The Participating Unit
hereby authorizes, directs, ratifies, and reaffirms the establishment of the Jeffersonville Fire
Department ("Department") by the Provider Unit to provide fire protection, emergency
medical and prevention services and to perform all other purposes and functions related to
the purposes set forth in Section 1.2 of this Agreement. The following provisions shall apply
to the administration and operations of the Department.
a. Full-time members of the Department shall be employees of the
Provider Unit and shall serve under the authority and pursuant to the orders of the Chief of the
Department, the Mayor of Jeffersonville, the Jeffersonville Board of Public Works and Safety,
the Jeffersonville Fire Merit Commission and the City of Jeffersonville.
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b. The number of positions in the Department and their respective salaries
shall be determined by the Common Council of the City.
c. The daily operations of the Department shall be the exclusive
responsibility of the Chief of the Department under the direction of the Mayor and the
Jeffersonville Board of Public Works and Safety, as further defined by City Ordinance.
d. Full-time members shall participate in public retirement funds/accounts
as approved by the Provider Unit.
e. The Department shall be operated in accordance with the policies of
the City and the ordinances, personnel policies, collective bargaining agreements and other
rules and regulations established by the.
Section 1.6. Ordinance Enforcement. The Participating and Provider Units hereby
designate and establish the Department as the enforcing authority for the Indiana Fire Code
within the geographical boundaries of the Territory. The Participating and Provider Units further
hereby agree that the Department shall also be the enforcing authority for all fire safety
inspection procedures, and any other fees, ordinances, schedules or permits deemed reasonably
necessary to carry out the purposes of the Territory. The Department's enforcements of all of
the aforementioned procedures, fees,ordinances, schedules or permits within the Territory shall
be done in compliance with all applicable laws, ordinances and regulations adopted from time
to time by the Provider Unit. Except as otherwise provided herein, all of the foregoing
ordinances for code, schedules and procedures shall be enforced uniformly throughout the
Territory by the Provider Unit and the Department on the same terms and with the same powers
and authority as within the geographical boundaries of the Provider Unit.
ARTICLE II: BOARD OF DIRECTORS
Section 2.1. Board of Directors. The Territory shall be governed by a five (5)
member Board of Directors("Board"). Two (2)members of the Board shall be appointed by
the District Board. One(1)member of the Board shall be appointed by the Common Council
of the City. Two (2) members of the Board shall be appointed by the Mayor of the City of
which one (1) appointment must be the Chief of the Department. All members of the Board
shall serve without financial compensation and must be residents of the area serviced by the
Territory.
Section 2.2. Terms.The Board shall serve four(4)year terms on the Board. The terms
of the initial members of the Board shall be staggered as follows:
a. The term of the Council's initial appointment to the Board shall be for one
(1) year;
b. The term of one (1) of the Mayor's initial appointments to the Board shall
be for two (2) years;
c. The term of one(1) of the Governing Board of the District's initial
appointments to the Board shall be for three(3) years;
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d. The initial terms of the two (2) remaining members of the Board
appointed by the Mayor and the Governing Board of the District's shall be for four(4) years;
All terms for members of the Board shall expire on December 31.
Section 2.3. Powers and Duties of the Board of Directors. The Board shall have
the following powers and duties:
a. The Board shall be primarily responsible for the planning and provision
of adequate fire protection, emergency medical services, fire prevention and other
emergency response services within the geographical boundaries of the Territory.
b. The Board may make recommendations to the City related to
the administration of the affairs of the Department.The City,by and through the Chief
of the Department, shall have exclusive authority for the daily operations of the
Department.
c. The Chief of the Department shall prepare an annual budget for the
Territory and present it to the Board for review on or before July 1st of each calendar year.
After being reviewed by the Board, the proposed annual budget for the Territory shall be
forwarded on to the City for final approval.
d. The Board may make recommendations to the City concerning
proposed changes to the adopted budget of the Territory including, but not limited to,
additional appropriations. All such changes must be approved by the City, unless otherwise
required by law,prior to the Board taking any further action to finalize the approval of the
changes.
e. The Board may make recommendations to the City regarding the
purchase of equipment for the Territory. All such recommendations must be approved by the
City, unless otherwise required by law,prior to the purchase being completed.
f. The Board may make recommendations to the City regarding the
issuance of bonds to fund capital improvements for the Territory. All such recommendations
must be approved by the City, unless otherwise required by law, prior to the issuance of bonds
for capital improvements.
g. The Board may make recommendations to the City concerning entering
into contracts consistent with the purposes of the Territory. All such contracts must be
approved by the City,unless otherwise required by law, prior to being executed by the Board.
h. The Board may make recommendations to the City, unless otherwise
required by law, related to incurring debt on behalf of the Territory. Any such indebtedness
must be repaid by funds generated from the uniform tax rates on all property located within
the boundaries of the Territory.
Section 2.4. Frequency of Board Meetings. The Board shall meet on a quarterly basis,
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unless otherwise decided by the Board,in order to review quarterly Department activity reports,
quarterly claim registers showing expenditures on behalf of the Territory,reports of equipment
malfunction and any other items of business or concern related to the administration of the
Territory.
Section 2.5. Organization of the Board. At its first meeting in each calendar year,
the Board shall elect from its membership a Chairperson, Vice-Chairperson and Secretary.
Section 2.6. Open Door Law. All meetings of the Board shall be conducted in
conformance with the requirements of Indiana's Open Door Law.
Section 2.7. Removal of Board Members. Members of the Board may be removed
for cause by the entity appointing each such member. For purposes of this section, the term
cause shall be defined to include the following:
a. Being absent from three(3)consecutive Board meetings;
b. Violation of any federal or state law;
c. Conduct adversely affecting the Territory;
d. Any neglect of duty, incompetence, insubordination or misconduct
in discharging any of the Board's duties and responsibilities under
this Agreement.
ARTICLE III: TRANSFER OF PROPERTY AND EQUIPMENT TO THE
JEFFERSONVILLE-UTICA FIRE PROTECTION TERRITORY
Section 3.1. Transfer of Property. Within ninety(90) days of the parties' execution
of this Agreement, the City and District shall prepare and exchange an itemized list of all
personal and real property owned by the parties that will be transferred to the Territory. Within
sixty(60) days of the parties exchanging the aforementioned lists of property to be transferred
to the Territory, the City and District shall reach agreement concerning how all such property
will be transferred to the Territory. It is hereby agreed and acknowledged by the City and
District that upon the establishment of the Territory both parties intend to convey title to all
personal and real property currently owned by either party and used for fire protection, fire
prevention and/or the provision of emergency medical services to the Provider or Territory as
permitted by law.
Section 3.2. Reversion of Title to Property Upon Dissolution of Territory. Pursuant to
I.C.36-8-19-15 upon the dissolution of the Territory any real property transferred to the Provider
Unit by any participating unit shall revert to the participating unit that transferred such real
property. Upon the dissolution of the Territory, title to all personal property owned by either
the City or District prior to the establishment of the Territory shall be conveyed back to the party
owning such equipment prior to the establishment of the Territory. All personal property
acquired by any party or the Territory during the existence of the Territory shall revert to the
Provider Unit upon the dissolution of the Territory.
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ARTICLE IV: DURATION,AMENDMENT,ADDITION,WITHDRAWAL AND
TERMINATION
Section 4.1. Duration. This Agreement shall continue as the binding agreement of
the parties until modified or terminated in accordance with the terms and provisions hereof.
Section 4.2. Amendment. This Agreement may be amended in writing upon
the approval of both the City and District.
Section 4.3. Withdrawal. If either party elects to withdraw from the Territory, it must
adopt an ordinance or resolution providing for such withdrawal after January 1 but before April
1 of the calendar year.
Section 4.4. Addition of Participating Unit. The Territory may be expanded to
include additional parties and/or units upon the written agreement of both the City and District.
ARTICLE V: MISCELLANEOUS
Section 5.1. Subject to Applicable Law. This Agreement, and the respective rights and
responsibilities of the Provider Unit, Participating Unit and the Department, shall be governed
by the laws of the State of Indiana.
Section 5.2. Severability. If any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such provision shall be severed from
the remainder of this Agreement and the validity and enforceability of the remaining
provisions of the Agreement shall not be affected thereby.
Section 5.3. Approval and Effective Date. This Agreement shall be approved upon
the adoption by the legislative body of the City and the governing body of the District of an
appropriate ordinance or resolution approving and ratifying this Agreement. After approval and
execution by the appropriate officers of each Participating Unit, this Agreement shall be
recorded with the Clark County Recorder. The effective date of this Agreement shall be the
date of recordation with the Clark County Recorder. Within sixty (60) days of the effective
date, this Agreement shall be recorded with the State Board of Accounts for audit purposes
pursuant to I.C. 36-1-7-6.
Section 5.4. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which shall constitute one and the same instrument.
Section 5.5. Survival of Territory. Should the township form of government be
disbanded and/or the township advisory board or the fire protection district be eliminated as a
unit of government, the Fire Territory shall survive said act and continue indefinitely at the
will of the Provider Unit subject to applicable law.
IN WITNES, WHERERF, the parties hereto have caused this Agreement to be
executed on the 9-8 day of t \ c -{ , 2025 in several counterparts.
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[SIGNATURE PAGES TO IMMEDIATELY FOLLOW]
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COMMON COUNCIL OF
THE CITY OF JEFFERSONVILLE
Evan Stoner, President
Presiding Officer
ATTEST:
ALl
Lisa Gil , Clerk
BOARD OF TRUSTEES OF
THE UTICA TOWNSHIP FIRE PROTECTION DISTRICT
Board Member
Board Member
Board Member
ATTEST:
Secretary
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COMMON COUNCIL OF
THE CITY OF JEFFERSONVILLE
Evan Stoner, President
Presiding Officer
ATTEST:
Lisa Gill,Clerk
BOARD OF TRUSTEES OF
THE UTICA TOWNSHIP FIRE PROTECTION DISTRICT
8 and Membe
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Board ber
B Mem
ATTEST:
Secretary
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MAYOR OF
THE CITY OF JEFFERSONVILLE P
Mayor Mike Moore
ATTEST:
Li ill, lerk
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EXHIBIT"A"
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