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HomeMy WebLinkAbout1999-R-35 RESOLUTION APPROVING INTERLOCAL AGREEMENT CONCERNING THE PARTICIPATION OF THE CITIES OF JEFFERSONVlLLE AND CHARLESTOWN AND THE TOWN OF UTICA IN THE INAAP REUSE AUTHORITY WHEREAS, it is in the best interest of the citizens and taxpayers of the City of Jeffersonville that the City enter into the Interlocal Agreement concerning the participation of the cities of Jeffersonville and Charlestown and the Town of Utica in the INAAP Reuse Authority; NOW, THEREFORE, IT IS HEREBY RESOLVED that Common Council of the City of Jeffersonville does hereby adopt the provisions of the Interlocal Agreement attached hereto as Exhibit A and incorporated by reference herein. Approved and signed by me t,l.~s/~' day of ~t__-, , 1999. ~ ~ho/(nas R. Ga~igah Presiding Officer C. F~ichard Spence~ Jr. ~/' ' Clerk and Treasurer Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonville, Indiana this . ./~' day of ~. .,/.1,~99. C. Ri~;hard Spencer,~r. /_.../ ' Clerk and Treasurer This Resolution approved and signed by me this ?~.-~ dAY of City of Jeffersonville INTERLOCAL AGREEMENT CONCERNING THE PARTICIPATION OF THE CITIES OF JEFFERSON-VII J,E AND CHARLESTOWN AND THE TOWN OF UTICA IN THE INAAP REUSE AUTHORITY WHEREAS, on or about November 17, 1999, the Cities of Jeffersonville and Charlestoxvn and the Town of Utica (collectively "the Municipalities") entered into an Interlocal Agreement (the "INAAP Agreement") with the Clark County Commissioners and the Indiana Port Commission concerning the redevelopment of the Indiana Army Ammunition Plant ("INA_AP'); and WHEREAS, the INAAP Agreement provides that the Municipalities will make two appointments to the INA~SP Reuse Authority (the "ICA"), that the Municipalities will make various payments to the RA, and that the Municipal/ties may receive income from the RA; and WHEREAS, the Municipal/ties wish to define hoxv those payments and appointments will be made, how any income from the RA will be divided among them, and where each Municipality may annex ~vithin INAAP; NOW, THEREFORE, the Municipal/des have adopted tbfs Interlocal Agreement to supplement the INAAP Agreement and to further define the rights and responsibilities of each of the Municipal/ties pursuant to the INAAP Agreement. In furtherance of this purpose, the Municipal/des agree as follows: ~Vithin 30 days of the Attorney General's approval of the INAAP Agreement, the City ofJeffersonville ("Jeffersonville") must provide $202,500.00, the City of Charlestown ("Charlestown'') must provide $30,000.00 and the Town of Utica ("Utica") must provide $2,000.00 of the $234,500.00 the Municipalities are required to reimburse the Clark County Commissioners under paragraph __ of the INA_AP Agreement. Thereafter, upon the RA's proper request for additional funding under the IN~UAP Agreement, Jeffersonville xv/ll provide 86%, Charlestown will provide 13%, and Utica will provide 1%. In the event any of the Municipal/ties does not provide its contribution required by this paragraph xv/thin 30 days after receipt of written notice from any other Municipality, the Municipahty refusing to provide funding ~ automatically forfeit its participation in this Agreement and the INAAP Agreement. In the event of such forfeiture, the remaining Municipalities must provide the missing funding in the same proportion that their original funding bears to the total of their two original funding amounts, e.g. IfJeffersonville forfeits, Charlestown would pay 94% of the amount Jeffersonville was required to pay ($30,000/$32,000 = 94%) and Utica would pay 6%. If Utica forfeits, Jeffersonville would pay 87% of the amount U fca was required to pay ($202,500/$232,500=87%) and Charlestown would pay 13%. In the event of default, the defaulting Municipality also forfeits its share of any income the Municipalities later receive from the RA and any participation in appointments ro the RA. Jefferson%lie makes one of the Municipalities' two appointments to the RA; Charlestown and Utica jointly make the Municipalities' other appointment to the RA. If Charlestown and Utica are unable to agree upon appointment, Jeffersonv/IIe will decide who is appointed as between Charlestown's nominee and Utica's nominee. Only the appointing Municipality may remove irs appointment. A Municipality may only remove its appointment to the RA for cause. Any distribution of income from the RA to the Municipalities must be received, and distributed according to the terms of this Agreement, by the Clerk/Treasurer (or Compmoller) of the largest Municipality then a party to this Agreement. Income from the RA shall be divided as follo~vs: First, each Municipality must be reimbursed for all funding provided to the RA pursuant to.the INAAP Agreement and this Agreement. In the event, a distribution is not large enough to fully reimburse all of the funding provided by the Municipalities, the distribution must be divided among the Municipalities according to the percentage that each Municipality's funding bears to the total funding provided by the Municipalities as a whole. After each Municipality is fully reimbursed for all previous funding provided to the I~[, the distribution must be divided among the Municipal/des according to the percentage that each Municipal/ty's funding bears to the total funding provided by the Municipalities as a whole. Charlestown may annex to the Charlestown Township line, but no farther in a southerly or southwesterly direction. Jeffersonville may annex to the Chadestown Township line, but no farther in a northerly or northeasterly direction. This Agreement will automatically terminate upon the termination of the INAAP Agreement. Date: Attest: 1 C.Ri~hard Spencer, ~lerk/~,re~ut/er CITY OF JEFFERSONVII.I.E ~h°mas R. Gallig~n, Presiding Officer, Jeffersonville City Council CITY OF CHARLESTOWN Date: Attest: , Clerk/Treasurer By: ~~4~ Bobble Braswell, Mayor & Presiding Officer, Charlestown City Council Date: Attest: , Clerk-Treasurer TOWN OF UTICA By: Glenn W. Murphy, President, Utica Town Council