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HomeMy WebLinkAbout2007-OR-64 TABLED THE COMMON COUNCil., OF THE CITY OF JEFFERSONVil.,LE, INDIANA ORDINANCE NO. 2007-0R - ft 1qb ,~J AN ORDINANCE APPROVING INTERLOCAL COOPERATION AGREEMl8:NT WITH THE OAK PARK CONSERV ANCV DISTRICT ~ ET. AL. WHEREAS, the Common Council of the City of Jeffersonville, Indiana (the "City") introduced an Annexation Ordinance (#2007-0R-IO) and Fiscal Plan at its meeting on March 5, 2007, subsequently held a public hearing on adoption of that ordinance on July 5, 2007, and finally enacted the ordinance at a meeting held on the 20th day of August 2007; WHEREAS, the territory annexed into the 9ty pursuant to its Annexation Ordinance includes the territory located within the Oak Park Conservancy District (the "District"), which currently provides sanitary sewer service, water service, and surface water drainage service to certain territory being annexed pursuant to ordinance #2007-0R-IO; WHEREAS, the City has determined that it is economically prudent for the District to continue serving its Court established territory and may be mutually advantageous for the District to serve certain additional territory adjacent to its boundaries for both sanitary sewer service, water service, and surface water drainage service; WHEREAS, the Common council desires to enter into an interlocal agreement with the Oak Park Conservancy District and City Sewage Board to insure that capital and non-capital services relating to sanitary sewer service, water service, and surface water drainage service are provided to residents and owners of real property within the territory comprising the Oak Park Conservancy District, in accordance with the requirements of applicable law. A copy of that Interlocal Cooperation Agreement, consisting of two (2) separate documents, is attached hereto and incorporated by reference herein; WHEREAS, interlocal cooperation agreements between municipal entities must be approved by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Jeffersonville, Indiana that the lnterlocal Cooperation for Sanitary Sewer Services, Water Service, and Surface Water Drainage Service Agreement attached hereto is approved. 1 All of which is ordained on the AYES ATTEST: Date Presented to and approved on this _ day of day of 2007. NAYS Peggy Wilder City Clerk/Treasurer , 2007 by: ATTEST: Date 2 Robert Waiz, Mayor Peggy Wilder City Clerk/Treasurer INTERLOCAL COOPERATION FOR SANITARY SEWER SERVICES. WATER SERVICE. AND SURFACE WA1'ERDRAINAGESERV1CE AGREEMENT TIllS AGREEMENT, entered into September 2007, on the dates specified below, by and between the CITY OF JEFFERSONVIVLLE, Clark County, Indiana (hereinafter referred to as "City") and the OAK PARK CONSERVANCY DISTRICT, Clark County, Indiana (hereinafter referred to as "District"). Both Parties being political subdivisions for purposes of IC 36-1-7 et seq. as defined in IC 36-1-2-13. WITNESSETH THAT: WHEREAS, City desires to annex certain areas, one portion of which includes territory which is adjacent to and includes the territory comprising the District; WHEREAS, the District owns and operates a wastewater collection, treatment and disposal service for freeholders with the District; WHEREAS, the District also owns and operates a water utility, serving the customers in the District; it being noted that other non-municipal water utilities also serve customers within the District; WHEREAS, the District also engaged in the improvement of surface water drainage in the District, except for that area know as the Lancassange Creek drainage right-of-way, which the Clark County Board of Commissioners (the "Commissioners") has an obligation to maintain pursuant to an agreement with the U.S. Army Corps of Engineers. Likewise, the Commissioners strive to maintain surface water drainage in the public road right-of-ways; WHEREAS, after diligent review and planning, City has determined that it is prudent for District to not only continue in its services but also that upon a subsequent request from the City to provide sanitary sewage services to certain territories being annexed by the City that it may be advantageous for the District add certain adjacent territory into the District, by annexation, for purpose of providing sanitary sewer service as well as surface water drainage services, in conjunction with City's annexation; and WHEREAS, District has reviewed City's proposed fiscal plan as well as its annexation ordinance (#2007-0R-1O) and the District has determined that it will continue providing all three (3) services and will take all necessary legal steps to annex the above referenced certain adjacent territory if requested to do so by the City, provided the City will bear the costs of such annexation, and will pay certain costs incurred by the District in extending and upgrading the District's systems to accommodate any newly annexed users/customers, the City will contribute the portion of the City's tax levy attributable to surface water drainage in the agreed upon territory to be annexed into the District, and that the City will not impose surface water drainage surcharges to freeholders currently in the District during the term of this agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants, 1 promises, and agreements made set forth, and the opportunities provided through the Interlocal Cooperation Act, as amended (IC 36-1-7 et seq.), it is mutually agreed by and between the parties as follows: 1. Duration. The duration of this Agreement shall be for a period of thirty (30) years and shall automatically be renewed for additional ten (10) year periods, unless terminated as hereinafter set forth; provided however, if either party shall issue controlling long term, low interest financing through an arm of the Federal Government that requires forty (40) years commitment and closes on saip bond sale within thirty-six (36) months of the effective date of this Agreement, then this Agreement's initial term shall correspond with the life of said bond if it is greater than thirty (30) years. 2. Purpose. The purpose of this Agreement is to induce the District to accept its area being annexed into the City, to induce the District to agree to add certain territory which may subsequently be identified by the City into the District by annexation for sanitary sewer service and surface water drainage service, to provide for the continuation of the District's service pursuant to the Indiana Conservancy Act and its Circuit Court approved District Plan and to establish a mechanism to fund said services. 3. Manner of Financing A. Cost of District Annexation. If the City requests that the District annex any territory pursuant to the terms of this agreement, the City will bear the cost of all un-reimbursed expenses incurred by the District for the annexation of territory into the District including but not limited to postage, publication, engineering, legal, tax rate making, administrative and Court costs, as well as the costs incurred for the amendment to the District Plan as set forth in the Indiana Conservancy Act, up to and not exceeding the amount of Twenty Thousand Dollars ($20,000.00 US). B. Costs of Sanitary Sewer Improvements. City will bear the necessary and regular costs of extending service and upgrading of the District's sanitary sewage collection system and wastewater treatment plant to provide service to any freeholders/users in the area to be annexed by District. C. Cost of Surface Water Drainage Services. City will not impose surface water drainage surcharges on real estate currently in the District. Furthermore, if any ad valorem property tax revenues are appropriated or used by the City to provide surface water drainage improvements or maintenance elsewhere in the City, then at least annually the City will calculate what portion (percentage) of the City's overall tax levy are set aside or used to provide surface water drainage improvements or maintenance in the City as a whole, and City shall transfer to the District an amount equal to the portion (percentage) of City's tax levy collected from assessments of property within the District. This percentage calculation shall not include any funds from the surface water drainage surcharges collected or expended by the City. 2 4. Method of Termination and Disposal of Property. This Agreement may be terminated as provided for in the attached Sewer Service, Water Service and surface water drainage Service Agreement. All property becoming a part of the City's System shall remain the property of the City. All property becoming a part of the District's wastewater collection or surface water drainage systems shall remain the property of the District. 5. Administration. The Parties agree that this Agreement should be administered in such a way as to always be striving for compliance with federal, state and local laws, including regulation, ordinances, and resolutions. This mutual effort shall include compliance with all permits that each party must meet. Likewise, the District shall not fight the City's annexation or support any action by another person or party to block the annexation, nor will the City or its Sanitary Board take any action or support any action to dissolve the District. Representatives of the two parties shall meet, from time to time, as may be necessary to insure that the City is aware of the legal requirement that the City must meet and when they may overlap. The Parties understand that the City may need a separate agreement with the Clark County Board of Commissioners as concerns the surface water drainage and corresponding costs regarding Lancassange Creek. 6. Delegation to Disbursing Officer. The City may delegate its authority to disburse payment to the District and to accOlmt for monies as City finds appropriate for the sewer and drainage purposes heretofore described. 7. Starting Date. The starting date of this Interlocal Cooperation Agreement shall be the date so specified in the attached Sewer Service, Water Service and Surface Water Drainage Service Agreement. 8. Sewer Service. Water Service and Surface Water Drainage Service Agreement. Attached hereto, made a part hereof and marked "Exhibit A," is the Sewer Service Water Service and Surface Water Drainage Service Agreement by and between the City of Jeffersonville and the Oak Park Conservancy District. This Interlocal Cooperation Agreement was approved by the duly passed resolutions of the following: BY THE CITY OF JEFFERSONVILLE, INDIANA: Approved on the day of September 2007, by the Common Council of the City of Jeffersonville, Clark County, Indiana. By: Keith Fetz, President 3 ATTEST: Peggy Wilder, Clerk/Treasurer This resolution approved and signed by me this _ day of September 2007. By: Hon. Robert Waiz, Mayor ATTEST: Peggy Wilder, Clerk/Treasurer AND BY THE BOARD OF DIRECTORS OF THE OAK PARK CONSERVANCY DISTRICT: Approved on the day of September 2007, by the Board of Directors of the OaJk:: Park Conservancy District, Clark County, Indiana. By: David Stinson, Chairman Marshall Johnson, Vice Chairman Wayne Storz, Treasurer ATTEST: Amy Burton, SecretarySANITARY SEWER SERVICES WATER SERVICE AND 4 SURFACE WATER DRAINAGE SERVICE AGREEMENT (EXHIBIT A) TIIllS AGREEMENT, entered into September 2007, on the dates specified below, by and between the CITY OF JEFFERSONVILLE, a municipal corporation of the State of Indiana (the "City"), and the OAK PARK CONSERVANCY DISTRICT, a duly established conservancy district, providing sewer service, water service and surface water drainage service in Clark County, (the "District"). It is further ratified by the City of Jeffersonville Sanitary Board. WITNESSETH THAT: WHEREAS, the City introduced its Annexation Ordinance (#2007-0R-1O), attached as "Exhibit 1") and it Fiscal Plan (attached as "Exhibit 2" hereto) at its meeting on March 5, 2007, subsequently held a public hearing on adoption of that ordinance on July 5, 2007, and finally enacted the ordinance at a meeting held on the 20th day of August 2007; WHEREAS, the territory annexed into the City pursuant to its Annexation Ordinance includes the territory comprising the District. The current territory comprising the District is described in "Exhibit 3", attached hereto; WHEREAS, the City has determined that it is economically prudent for the District to continue serving its Court established territory and to serve certain additional territory adjacent to its boundaries for both sanitary sewer service and surface water drainage service; WHEREAS, the City does not own nor operate a municipal water utility; WHEREAS, District owns and operates a sewer utility duly permitted by federal and state government, a water utility duly permitted by federal and state government and a surface water drainage service duly permitted by federal and state government; WHEREAS, City and District have entered into an Interlocal Cooperation Agreement pursuant to IC 36-1-7- et seq., to which this Sanitary Sewer Services, Water Service, and Surface Water Drainage Service Agreement is attached as an exhibit. NOW, THEREFORE, in consideration of the premises and the mutual covenants, promises, and agreements heretofore madeand hereinafter made and set forth, it is mutually agreed by and between the parties as follows: 1. Service Annexation. District agrees to attempt to annex into the District any adjacent territory that may be identified by City pursuant to this agreement for the primary purposes of providing sanitary sewer and surface water drainage services; provided however, that City will compensate District as set forth in this Agreement and the Interlocal Cooperation for Sewer Service, Water Service, and Surface Water Drainage Service Agreement. District agrees to provide sanitary sewer service capacity to meet those certain needs (presumed to be residential in nature) and to provide surface water 5 drainage service to meet said needs. The parties recognize that the Districts ability to comply with this obligation is contingent on the District obtaining approval of the Clark Circuit Court to extend its service area as required herein, in order to expand its service area. 2. Improvements. District agrees to construct any necessary and reasonable improvements to provide those services that may be required in paragraph No.1 above. City agrees that District shall have the sole administrative responsibility for such construction, including but not limited to obtaining and providing all necessary licenses, permits, approvals, real estate, rights-of-way, design, engineering, material labor, equipment and related appurtenances used in the construction of the improvements. As both City and District currently utilize the services of the same professional engineering consulting firm, documents created by the professional engineering firm will be made available to both City and District. District represents that the improvements shall enable District to provide adequate sanitary sewer service to those adjacent areas to be annexed into District in compliance with all present requirements of all applicable federal, state and local laws and regulations including the requirements of the United States Environmental Protection Agency ("US EP A") and the Indiana Department of Environmental Management ("IDEM"). District shall construct the improvements by the use of competent and qualified contractors selected by it or its agents, with reasonable diligence consistent with good business and engineering practices and pursuant to Indiana laws. 3. Funding of Construction Costs. City represents that it will have sufficient funds in a timely manner to timely pay for the costs of the annexation to be undertaker hereunder by the District and for construction of the improvements required to provide sanitary sewage service to the area identified by the City, to be annexed by District, including but not limited to extending and/or upgrading collector system, affected liftstations, force mains, wastewater treatment plant, sludge processing and/or sludge disposal. City's funding maybe part of a larger bond issuance. 4. Engineer. As both City and District have historically utilized the professional engineering service of Jacobi, Toombs & Lanz; and neither party desires to change their consulting engineers, Jacobi, Toombs & Lanz are encouraged to be a source of information and communication for and between the Parties. The parties may, by agreement, utilize another engineering firm. 5. Surface Water Drainage. District will continue to provide, and upgrade, the level of surface water drainage services in its existing territory and in any territory that may be annexed by District, pursuant to the District's NPDES Permit, which Permit standards are substantially the same as the standards set out in the City's Permit. City, alone or in conjunction with the Clark County, Indiana Board of Commissioners (the "Commissioners"), will bear the responsibility to maintain the Lancassange Creek drainage right-of-way currently managed by the Commissioners pursuant to the Commissioner's agreement with the U.S. Army Corps of Engineers. This area has been specifically excluded from the area to be maintained by the District, pursuant to the 6 orders of the Clark Circuit Court, and the District will have no responsibility to maintain that right of way area under this agreement. The parties recognize that the Districts ability to comply with this obligation is contingent on the District obtaining approval of the Clark Circuit Court to extend its service area as required herein, in order to expand its service area. 6. Water Utility Service. As City does not own nor operate a municipal water utility, District shall continue to provide water service to users in the District in a manner consistent with its permits, regulatory requirements and District Plan as approved by the Clark Circuit Court. 7. Maps & Agreements. On or before three (3) months after the effective date of City Ordinance 2007-0R-1O, or by April 1, 2008, whichever comes later, the City will provide the District with a detailed map and legal description(s) of all territory that City desires District to annex, pursuant to Paragraph 1 above. Attached hereto, made a part hereof and marked as "Exhibit 4" is a certified copy of the Agreement between the Clark County Board of Commissioners and the U. S. Army Corps of Engineers concerning the maintenance of the Lancassange Creek drainage right-of-way. 8. Sanitary Board. The City has established a Sanitary Board pursuant to City Ordinance #00-OR-4; said Sanitary Board does hereby agree with the actions of the City herein as witnessed by the signature of the Chairman of the Sanitary Board, and attestation by the City Clerk/Treasurer appended below on this Agreement. 9. Severability. The various terms, provision and covenants, and portions thereof, herein contained shall be deemed to be separable and severable, and the invalidity or unenforceability of any of them shall in no manner affect or impair the validity or enforceability of the remainder thereof. 10. Notices. All notices or other communications required to be given under this Agreement shall be in writing and delivered personally or mailed by United States mail, postage prepaid, to the following address (or such other addresses as the parties may designate in a notice given in the same manner): If to City: Mayor Robert Waiz (or current Mayor) Office of the Mayor 500 Quartermaster Court Jeffersonville, Indiana 47130 If to District: Board of Directors: OAK PARK CONSERVANCY DISTRICT 4230 Portage Place Jeffersonville, Indiana 47130-5782 7 11. Governing Law. This agreement shall be governed by the laws of the State of Indiana. 12. Entire Agreement and Amendment. This Agreement is part of an Interlocal Cooperation Agreement and together they represent the entire agreement between the parties with respect to the specified terms and provisions contained herein and may not be amended or supplemented except by written agreement executed by both City and District. 13. Effective Date. The effective date for the Interlocal Cooperation for Sewer Service, Water Service and Surface Water Drainage Service Agreement shall be on January 1, 2008, or when City Ordinance 2007-0R-1O becomes effective, whichever occurs later. All capital improvements required hereunder shall be completed within three years of the date City Ordinance 2007-0R-1O becomes effective, and all non-capital services required hereunder shall be completed within one year of the date City Ordinance 2007-0R-1O becomes effective. 14. Termination. Neither party may unilaterally terminate this Agreement without good cause shown. This Agreement shall terminate upon the terms set forth in the Interlocal Cooperation for Sewer Service, Water Service and Surface Water Drainage Service Agreement to which this Agreement is an Exhibit. 15. Contingency. The parties acknowledge that the ability of the District to fulfill its obligations hereunder is contingent upon the ability of the District to successfully annex certain territory into the District, as well as obtaining approval of the Clark Circuit Court to amend the District's District Plan. The City will not oppose these efforts by the District, and City agrees that this document can be used as conclusive evidence of the City's support of the actions described herein, necessary to fulfill the City's obligations created hereunder. IN WITNESS WHEREOF, the parties have executed this Sanitary Sewer Service, Water Service and Surface Water Drainage Service Agreement on the date written below. [the balance of this page has been intentionally left blank] 8 BY THE CITY OF JEFFERSONVILLE, INDIANA: Approved on the day of September 2007, by the Common Council of the City of Jeffersonville, Clark County, Indiana. By: Keith Fetz, President ATTEST: Peggy Wilder, Clerk/Treasurer This agreement approved and signed by me this day of September 2007. By: Robert Waiz, Mayor ATTEST: Peggy Wilder, Clerk/Treasurer AND [the balance of this page has been intentionally left blank] 9 BY THE BOARD OF DIRECTORS OF THE OAK PARK CONSERVANCY DISTRICT: Approved on the day of September 2007, by the Board of Directors of the Oalc Park Conservancy District, Clark County, Indiana. By: David Stinson, Chairman Marshall Johnson, Vice Chairman Wayne Storz, Treasurer ATTEST: Amy Burton, Secretary AND [the balance of this page has been intentionally left blank] 10 RATIFIED BY THE JEFFERSONVILLE SEWER BOARD Approved on the _ day of September 2007, by the Sanitary Board of the City of Jeffersonville, Indiana. By: Robert Waiz, Chairman ATTEST: Peggy Wilder, Clerk/Treasurer 11 EXHIBIT 1 City Ordinance 2007-0R-1O 12 EXHIBIT 2 Annexation Fiscal Plan 13 EXHIBIT 3 Legal Description of Current OPCD Territory 14 EXHIBIT 4 Agreement between Corps of Engineers and Clark County 15