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HomeMy WebLinkAbout2026-R-3 Resolution Approving 2026 City Public Safety Utility Service Agreement with River Ridge RESOLUTION NO.2026-R- BEFORE THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, STATE OF INDIANA A RESOLUTION APPROVING THE 2026 CITY PUBLIC SAFETY AND UTILITY SERVICES AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE AND THE RIVER RIDGE DEVEVOPMENT AUTHORITY WHEREAS,the Common Council of the City of Jeffersonville, Clark County, Indiana (hereinafter"the Council")is the City's statutory legislative and fiscal body pursuant to I.C. 36-4-5-6; and, WHEREAS, the Council, on behalf of the City of Jeffersonville recognizes that the City presently provides services within the portion of the River Ridge Commerce Center that lies within the corporate boundaries of the City; WHEREAS,the City agrees with River Ridge Development Authority ("RRDA")that the 2025 City Service Agreement that became effective on October 6, 2025 should continue in 2026. WHEREAS,this Agreement shall remain in full force and effect from the time it is executed by both parties and expire on December 31, 2026 (the"Term"); and WHEREAS,the Common Council believes that it is in the best interest of the City to enter into this new agreement for 2026; (See attached Exhibit"A") NOW THEREFORE,IT IS HEREBY RESOLVED that the Common Council of the City of Jeffersonville approves this 2026 City Public Safety and Utility Services Agreement between the City and River Ridge Development Authority. (Attached Exhibit "A") Passed and adopted this /(, day of March, 2026,by the Common Council of the City of Jeffersonville, Clark County, Indiana. Donna eed City Council President ATTEST: r�J a Gill I Clerk Presented by me as Clerk to the Mayor of the City of Jeffersonville this 1(0 day of March, 2026. Usa Gill, Clerk This Resolution approved and signed by me this 1 Q0'-- day o arch, 2026. le Moore, Ma or 2026-R-�'? Common Council for the City of Jeffersonville,Clark County,Indiana VOTED FOR: VOTED AGAINST: Uf (AA) PASSED AND® SOLVED by the Common Council of the City of Jeffersonville, Clark County, Indiana upon this/ day of/� ,2026. Donna R d,Council esident ATTEST: cAal Lis ill, erk Presented by me as Clerk to the Mayor of said City of Jeffersonville on this /7 day of March,2026. Yjeli Lisa Gill,Clerk Approved and signed by me on this api day of March,2026. ( -3 Mike Moore, Mayor 2026-R- VETOED and DISAPPROVED by me upon this day of March, 2026. Mike Moore, Mayor 2026 CITY PUBLIC SAFETY AND UTILITY SERVICES AGREEMENT THIS 2026 CITY PUBLIC SAFETY AND UTILITY SERVICES AGREEMENT (hereinafter referred to as this"Agreement") is made and entered into with an effective date as of the date of the last signatory shown hereinbelow (the "Effective Date"), by and between the RIVER RIDGE DEVELOPMENT AUTHORITY, an Indiana military base reuse authority established pursuant to the provisions of Ind.Code §36-7-30,et seq.(the"RRDA"),and the CITY OF JEFFERSONVILLE, INDIANA, an Indiana municipal government unit established pursuant to Ind. Code § 36-4-1, et seq. (the"City"); each individually a"Party"or collectively the "Parties." RECITALS: WHEREAS, the RRDA was established as a reuse authority pursuant to Ind. Code § 36- 7-30,et seq.,for the purpose of undertaking the planning,replanning,rehabilitation,development, redevelopment, and other preparation for reuse of certain former federal military base property that was formerly known as the Indiana Army Ammunition Plant,and which is now known as the River Ridge Commerce Center(the "RRCC"), as a reuse area("Reuse Area"); and, WHEREAS,the City is an Indiana municipal government unit established pursuant to Ind. Code § 36-4-1, et seq., to provide services to the residents of the City, including, but not limited to,police, fire protection, and wastewater utility services; and, WHEREAS, by adoption of Ordinance No. 2000-OR-46, the City annexed the Utica Township section of RRCC ("RRCC/Jeff") into the corporate boundaries of the City; and, WHEREAS, pursuant to the provisions of Ind. Code § 36-4-3-13(d)(4), the City is obligated to provide, and in fact does provide, police, fire protection, and wastewater utility services (collectively the "City Services") within RRCC/Jeff in a manner equivalent in standard and scope to those same noncapital services provided to areas within the corporate boundaries of the City regardless of similar topography, patterns of land use, and population density; and, WHEREAS,pursuant to Ind. Code § 36-7-30-9(a)(23), the RRDA has the power to enter into contracts for the provision of police, fire protection, and utility services to be provided within RRCC/Jeff("City Services"); and, WHEREAS, the Parties executed a 2025 City Services Agreement dated June 11, 2025 ("2025 Agreement"), and pursuant to which RRDA has paid the City $1,700,000.00 in full satisfaction thereof; and, WHEREAS, the Parties hereby acknowledge that since the establishment of the RRDA, the City has been providing City Services within RRCC/Jeff for the benefit of the RRDA; and, WHEREAS, the Parties further hereby acknowledge that the City's costs incurred to provide City Services within RRCC/Jeff have increased with commercial and industrial development within RRCC/Jeff; and, WHEREAS, the RRDA is authorized to use tax increment revenues ("TIF Revenues") proceeds allocated to the Reuse Area to pay for City Services to be provided pursuant to the terms of this Agreement; and, WHEREAS,the Parties now desire to terminate and replace the 2025 Agreement with this Agreement to provide for additional compensation for the additional fire protection and wastewater utility services for calendar year 2026 in accordance with the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises and obligations of the Parties set forth in this Agreement, and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the Parties hereto covenant and agree as follows: 1. Recitals. The recitals set forth hereinabove are hereby incorporated into this Agreement as if fully set forth herein. 2. Termination of the 2025 Agreement. The 2025 Agreement has terminated in its entirety and neither of the Parties shall have any further obligations thereunder. 3. Term of this Agreement. The term of this Agreement shall commence as of the Effective Date and expire on December 31, 2026 (the"Term"). The Parties shall engage in good faith negotiations for a City Public Safety Services Agreement for subsequent year(s) ("Subsequent Agreement"). 4. Subsequent Agreements. If the City desires to have a Subsequent Agreement for the subsequent calendar year 2027,then the City shall indicate as such to RRDA in writing by June 1,2026. RRDA will consider the request by the City and provide to the City a written commitment with a form of a subsequent agreement similar hereto by July 15, 2026, so that the City can begin its' budgeting process for 2027. The City shall only use the compensation number provided in Section 5 hereof for purposes of their budgeting process and approval thereof. On or before November 1,2026,RRDA may provide a formal and final Subsequent Agreement to the City after RRDA has obtained and had time to consider assessed valuation and TIF Revenue estimates and projections. In no event, will the compensation in a Subsequent Agreement be more than five percent (5.0%)greater than the prior year's compensation. 5. Compensation. In consideration for the provision of City Services during the Term of this Agreement, RRDA shall pay the City the amount of Three Million Five Hundred Thousand Dollars and No/100 ($3,500,000.00) within sixty (60) days following full and final execution of this Agreement. The City shall be entitled to expend funds received under this Agreement for any legal purpose within the exercise of its sole discretion, and the City shall have no duty or obligation to provide any accounting of such expenditures to the RRDA. The City acknowledges that the compensation provided herein will be made from solely from TIF Revenues and that such has limited uses. The City further acknowledges that the TIF Revenues are pledged to certain outstanding obligations of RRDA and in the event that such funds are needed to pay debt service or maintain compliance with certain financial covenants related thereto then RRDA may 2 terminate this Agreement at any time for convenience. Nothing under this Agreement shall be construed as a pledge of the TIF Revenues or any release of assessed valuation. 6. Traffic Regulation; Minimum Standards for Enforcement. The City acknowledges that all of the roadways within RRCC/Jeff are owned and maintained by RRDA within easements reserved or established for such purposes. RRDA shall recommend to the Common Council of the City (the "City Council") the establishment of speed limits or other appropriate traffic regulations authorized by Indiana law, including without limitation, Ind. Code § 9-20, et seq., Ind. Code § 9-21, et seq., Ind. Code § 9-21-1-2, and Ind. Code § 9-21-1-3, for each such roadway now located or subsequently constructed within the RRCC/Jeff, which recommendation shall be based on the analysis and opinion of a registered professional engineer retained by RRDA (at RRDA's sole cost and expense) as to the design and/or condition of each such roadway. The City Council shall take official action upon consideration of any ordinance(s) tendered by RRDA with respect to each such recommendation regarding traffic regulation(s), including without limitation, speed limit(s)made by RRDA's professional engineering consultant within thirty (30) days following receipt. In the event that the City establishes an ordinance violations bureau, the City shall be entitled to keep and retain all funds collected for traffic ordinance violations committed within RRCC/Jeff to the extent permitted by law and without compensation to RRDA or reduction of any payments pursuant to this Agreement. 7. Additional Covenants of the City. The City covenants and agrees that during the Term of this Agreement: a. The City and/or the Jeffersonville Police Department shall maintain a mutual emergency response agreement with the City of Charlestown, Indiana ("Charlestown"), whereby the Jeffersonville Police Department shall respond to all emergency response calls issued by the Clark County Emergency Response Department regarding any incident or occurrence within the Charlestown section of RRCC ("RRCC/Charlestown"). The City shall provide RRDA with a copy of all such agreements,including any amendments or replacements becoming effective during the Term of this Agreement. b. The City and/or the Jeffersonville Fire Department shall maintain a mutual emergency response agreement with the Charlestown Township Fire Protection District, whereby the Jeffersonville Fire Department shall respond to all emergency response calls issued by the Clark County Emergency Response Department regarding any incident or occurrence within RRCC/Charlestown. The City shall provide RRDA with a copy of all such agreements, including any amendments or replacements becoming effective during the Term of this Agreement. c. The City will not directly or indirectly make or cause to be made any statement, comment or other communication, written or otherwise that could constitute disparagement or criticism of, or that could otherwise be considered to be derogatory or detrimental to,or otherwise reflect adversely on,harm the reputation of, or encourage any adverse action against the RRDA or any of its employees, directors, or agents. 3 The City shall provide City Services within RRCC/Jeff in the same and non- discriminatory manner as those services are provided to all other areas within its corporate boundaries, regardless of similar topography, patters of land use, and population density, and in a manner consistent with federal, state, and local laws, procedures, and planning criteria. d. The City and its' Sanitary Sewer Board shall not deny, withhold, or unreasonably condition or delay sewage capacity to any project or potential project in RRCC, provided only that the City's sewage works have applicable capacity available. e. The City covenants and agrees that it shall not enact any payment-in-lieu of taxes ("PILOT")pursuant to the provisions of Ind. Code § 36-7-30-31 or any other statute during the Term of this Agreement. 8. Indemnification and Insurance. The City covenants and agrees at its expense to pay and to indemnify and save RRDA and each of its respective officers, directors, employees, attorneys, and agents (collectively, "Indemnitees" and each an "Indemnitee") harmless of, from and against,any and all claims,damages,demands,expenses(including reasonable attorneys' fees and costs), and liabilities relating to bodily injury, property damage, or any other claim or loss resulting directly or indirectly from the City,including without limitation,the Jeffersonville Police Department, the Jeffersonville Fire Department, the Jeffersonville Municipal Wastewater Utility, and the use of the compensation provided in this Agreement, including any of the their employees, agents, contractors, attorneys, or affiliates (collectively, the "Indemnitors" and each an "Indemnitor") from the Indemnitors' acts or omissions relating to (a)this Agreement, (b)the City Services provided pursuant to this Agreement, and (c) the operations of the City. If any action or proceeding is brought against one or more Indemnitees, (x) each Indemnitee may, in its sole discretion, select its own counsel, (y)the Indemnitee(s) seeking indemnification shall give written notice of such action or proceeding to the City,and(z)the City shall reimburse such Indemnitee(s) for all reasonable costs and expenses,including reasonable attorneys' fees and court costs,incurred by such Indemnitee(s) in connection with the defense of such actions or proceedings. Further, the City shall name the RRDA as an additional insured under all relevant and applicable insurance policies maintained by the City or the Indemnitors. 9. Notices. All notices, requests, or other communications required hereunder shall be sufficient only if given in writing which shall be deed given when(i) delivered personally, (ii) one(1)business day after being deposited for next day delivery by a nationally recognized courier, or(iii)three (3)business days when sent by registered or certified United States Mail, with return receipt requested and postage prepaid as follows: To RRDA: River Ridge Development Authority Attn: Executive Director 300 Corporate Avenue, Suite 300 Jeffersonville, IN 47130 executivedirector@riverridgecc.com 4 With a copy to: River Ridge Development Authority Attn: General Counsel 300 Corporate Avenue, Suite 300 Jeffersonville, IN 47130 legal@riverridgecc.com To the City: City of Jeffersonville, Indiana Attn: Director of Finance 500 Quartermaster Court, Suite 300 Jeffersonville, IN 47130 With a copy to: City of Jeffersonville, Indiana Attn: Corporation Counsel 500 Quartermaster Court, Suite 250 Jeffersonville, IN 47130 Any Party to this Agreement may, by notice given hereunder, designate any further or different addresses to which subsequent notices, requests, or other communications shall be sent. 10. Time is of the Essence. Except for extensions of time resulting from an event or force majeure,the times for performance provided in this Agreement are essential as they relate to the obligations and expenditures of the Parties. 11. Binding Effect. This Agreement shall inure to the benefit of the Parties and shall be binding to the fullest extent upon the Parties and their respective successors and assigns. 12. Assignment. No Party hereto may assign all or any portion of its rights and obligations hereunder without the prior written consent of the other Party hereto. 13. Amendments and Modification. This Agreement, together with the agreements and documents referenced herein, supersede all prior negotiations and agreements and constitute the entire agreement between the parties regarding its subject matter. No change, amendment, or modification to, or extension or waiver of any provisions of, or consent provided hereunder, shall be valid unless such change, amendment, modification, extension, or waiver is in writing and signed by all the Parties to this Agreement,or in the case of consent or waiver,by the Party granting same. 14. Severability. In case any Section or provision of this Agreement, or in case any covenant, stipulation, agreement, act or action, or part thereof, made, assumed, entered into or taken under this Agreement, or any application thereof, is, for any reason, held to be illegal or invalid, or is at any time inoperable by reason of any law, or actions thereunder, such illegality or invalidity or inoperability shall not affect the remainder thereof or any covenant, stipulation, obligation,agreement,act or action,or part thereof,made,assumed,entered into or take under this Agreement. 5 15. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Indiana. 16. Captions and Headings. The captions and headings of the various Sections contained herein are solely for the convenience of the various Parties hereto and shall not be construed to interpret or limit the content of any provision or Section of this Agreement. 17. Counterparts. This Agreement may be executed in several counterparts, each of which shall be considered an original and all of which shall constitute one and the same instrument. 18. Authority. The individuals executing this Agreement on behalf of the Parties hereto warrant their capacity and authority to execute this Agreement on behalf of said Parties, respectively. [The remainder of this page intentionally left blank. Signature pages follow.J 6 i IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed on Mare)) , 2026. CITY OF JE RSONVILLE, INDIANA By: Michael . Moore, Mayor Attested by: Lisa Gill, effersonville City Clerk 7 IN WITNESS WHEREOF, the RRDA has caused this Agreement to be duly executed on ,2026. RIVER RIDGE DEVELOPMENT AUTHORITY By; .-a "7 Marc A. Hildenbrand,Executive Director Attested by: C. Gregory Fifer, eneral Counsel 0118167.0797168 4923-0185-9192v4 RESOLUTION NO. 1616 2 A RESOLUTION APPROVING AN ROVISION OF PUBLIC SAFETY GREEMENT WITH THE CITY OF JEFFERSONVILLE FOR THE AND UTILITY SERVICES WITHIN RRCC DURI G CALENDA YEAR 2026 WHEREAS, the River Ridge Development Authority ("RRDA") has identified the need for continuing and additional police, fire protection, and utility services within the River Ridge Commerce Center("RRCC"); and, WHEREAS, Ind. Code § 36-7-30-9(a)(23) authorizes tea; and, he A to enter into contracts for police, fire protection, and utility services within the reuse WHEREAS, RRDA General Counsel has drafted a 2026 City Public Safety and Utility Services Agreement with the City of Jeffersonville, Indiana(the"Agreement"),a true and correct copy of which is attached hereto as Exhibit A; and, WHEREAS, RRDA staff recommends that the Board of Diectors approvehereto as and A, Sant the ect Executive Director the authority to execute the Agreement attached only to subsequent approval by the Jeffersonville City Council and/or the Jeffersonville Board of Public Works and full and complete execution thereof by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE RIVER RIDGE DEVELOPMENT AUTHORITY AS FOLLOWS: The RRDA Board of Directors concurs with the staff recommendation and hereby approves the Agreement attached hereto as Exhibit A as being in the best interests of the RRDA. the Executive Director is further subsequentauthoriz approval by the to execute the Agreement on behalf of the RRDA, subject only to Jeffersonville City Council and/or the Jeffersonville Board of Public Works and full and complete execution thereof by the City. SO RESOLVED BY AFFIRMATIVE VOTE OF THE BOARD E D G OF THE IRECTORS RIVER RIDGE DEVELOPMENT TAKEN DURING A DULY NOTICED AUTHORITY HELD ON MARCH 12,2026. ±±4/// Approved: ,�- Dr. Treva Hodges, President _._ ' ---_ °i �� r Brian Lenfert, Secretary/Treasurer Attested: ---