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HomeMy WebLinkAbout2021-R-06 Resolution Approving and Ratifying Second Amended Interlocal Agreement Between the City of Jeffersonville, Jeffersonville-Clarksville Flood Control District, and Clarksvill Department of Redevelopment RESOLUTION NO.2021-R- CO A RESOLUTION APPROVING AND RATIFYING SECOND AMENDED INTERLOCAL AGREEMENT BETWEEN THE CITY OF JEFFERSONVILLE,_ INDIANA,THE JEFFERSONVILLE-CLARKSVILLE FLOOD CONTROL DISTRICT,THE TOWN OF CLARKSVILLE,INDIANA AND THE CLARKSVILLE DEPARTMENT OF REDEVELOPMENT WHEREAS,the First Amended Interlocal Agreement was entered into on April 16,2019 by and between the City of Jeffersonville, Indiana, ("City")the Jeffersonville-Clarksville Flood Control District, ("District") The Town of Clarksville, ("Town") and the Clarksville Department of Redevelopment; ("Department") and WHEREAS,the First Interlocal Agreement was established in order to authorize the City, acting through the Jeffersonville Flood Control District and the Town of Clarksville to establish,vacate,maintain, and control watercourses,to change the channel of, dam, dredge,remove an obstruction in, straighten, and widen a watercourse,to regulate the taking of water, or causing or permitting water to escape, from a watercourse,to regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse,to regulate the introduction of any substance into a watercourse or onto its banks, and to purify the water in a watercourse; and WHEREAS,this Second Amended Interlocal Agreement is needed in order to update and amend certain provisions of the First Interlocal Agreement due to the passage of time; and WHEREAS,the Common Council believes that it is in the best interest of the City and the Flood Control District to enter into this Second Amended Interlocal Agreement; NOW THEREFORE,IT IS HEREBY RESOLVED that the Common Council of the City of Jeffersonville does hereby approve and ratify the attached Second Amended Interlocal Agreement between the City of Jeffersonville, Indiana, The Jeffersonville- Clarksville Flood Control District, The Town of Clarksville, Indiana and the Clarksville Department of Redevelopment. Passed and adopted this 5 day of April, 2021,by the Common Council of the City of Jeffersonville, Clark County, Indiana. Matt wen President ATTEST: Lisa Gill City Clerk Presented by me as City Clerk to the Mayor of the City of Jeffersonville this (P day,of April, 2021. 2t` Ai] L`� is�,.Gill, City Clerk This Resolution approved and signed by me this (p .. day f A ri 2021. UV Mike oo e, ayor SECOND AMENDED INTERLOCAL AGREEMENT BETWEEN AND AMONG THE CITY OF JEFFERSONVILLE,INDIANA,THE JEFFERSONVILLE- CLARKSVILLE FLOOD CONTROL DISTRICT,THE TOWN OF CLARKSVILLE, INDIANA.AND THE CLARKSVILLE DEPARTMENT OF REDEVELOPMENT ' WHEREAS,IC 36-9-2-8 through IC 36-9-2-13 authorize the City of Jeffersonville("Cityf') and the Town of Clarksville("Town")to establish,vacate,maintain,and control watercourses,to change the channel of,dam,dredge,remove an obstruction in,straighten,and widen a watercourse, to regulate the taking of water, or causing or permitting water to escape, from a watercourse, Ito regulate conduct that might alter the temperature of water, or affect the flow of water, in a watercourse,to regulate the introduction of any substance into a watercourse or onto its banks, d to purify the water in a watercourse;and, WHEREAS, IC 36-9-29-1, et seq., authorizes the City, acting through the Jeffersonville Flood Control District ("District"), to construct or install the flood control works necessary Ito exclude,divert,remove,reduce,or prevent flood waters caused by the overflowing of watercourses or by storm or surface waters in or about the District and to construct or elevate highways and bridges necessary to provide reasonable traffic facilities through or over any structures construct d as part of the flood control works; and, WHEREAS, IC 36-7-14-1, et seq., and IC 36-7-25-1, et seq., authorize the Clarksvi le Department of Redevelopment ("Department") to undertake the clearance, replanning, d redevelopment of areas needing redevelopment assessment, planning, replanning, remediati n, development,and redevelopment of economic development areas; and, WHEREAS, the City, the Town, the District and the Department entered into the First Amended Interlocal Agreement between and among the City of Jeffersonville, Indiana, the Jeffersonville-Clarksville Flood Control District, the Town of Clarksville, Indiana and the Clarksville Department of Redevelopment on April 16, 2019 to facilitate the following for the parties: (i)the construction of a replacement for the District's Cane Run Pump Station("Project"); (ii)the approval of an amendment to the City's Long Term Control Plan for its wastewater utilOy; and, (iii) the development by the Town and the Department of the South Clarksville Redevelopment Area;and WHEREAS, due to the passage of time, the parties have been advised that certfain provisions will need to be updated and amended based on the financing planes for the Project and other related changes;and WHEREAS,this Second Amended Interlocal Agreement will reflect the new languag4 in bold. NOW, THEREFORE, the City, the Town, the District, and the Department hereby covenant and agree as follows: Section 1. Subject to Section 14 herein,the Town and the Department will jointly fund Two Million Dollars ($2,000,000), the District will fund Two Million Five Hundred Ninety Thousand Dollars ($2,590,000), and the City will fund Two Million Two Hundred Twenty-five Thousand Dollars ($2,225,000) ($1,112,500 each from the City and Sewer Board) of the 4833-3020-1822.2 construction and construction inspection costs for the replacement of the District's existing Cane Run Pump Station ("Project"). Subject to Section 14 herein, the District will fund all design, engineering and permitting costs for the Project,subject to the issuance of bonds by the District in accordance with applicable provisions of Indiana law.The Department has issued its bonds a �d has up to a maximum amount of Two Million Dollars($2,000,000)available for the Project.. Section 2. Bids for the Project have been received and total costs have be n identified as set forth in the Baker.Tilly report attached hereto as Exhibit A. Section 3. Review and the determination of the lowest responsive and responsible bid has been determined. The District and the City's portion funded by its sewage works will 1pe provided by the issuance of bonds (two separate bond issues) sold to the Indiana St Ite Revolving Loan Fund Program ("SFF"). Each bond issue will close with SRF on the sa e date and it is expected that the closing with SRF will take place in the second half of Ap '1, 2021. In order to provide for the financings and purchase the bonds, SRF requires that ll other funds that will pay for Project costs must be deposited with the SRF Trustee bank o later than the date of closing. The funds deposited with the SRF Trustee bank will be h ld in a construction account that can only be used to pay Project costs. The District will provi e notice to the Town, the Department and the City of the exact closing date as soon as su h date is scheduled by SRF. On or before such closing date, the Town, the Department and the City, each agree to deposit with the SRF Trustee bank their respective share of the funding as set out in Section 1 of this agreement. The District will provide or cause to e provided instructions on how such deposits to the SRF Trustee bank can be made. It is anticipated that the District, working with its Design Engineer and Project Engineer (both as defined in Section 4), will process all invoices for Project payments for submission to the SIF. SRF will process such invoices with disbursement request forms and then provide payments to the contractors and vendors. Section 4. The District has retained Lochmueller Group, Inc., to design the Proj ct, obtain required permits, and manage the bidding process ("Design Engineer"). The District has retained Jacobi, Toombs & Lantz, Inc., to provide Project management, including construction inspection ("Project Manager"). The Design Engineer shall use its best efforts to complete the design and obtain required permits from the United States Army Corps of Engineers (USACE") with a maximum period of twelve months from the date on which the contract between the Distfict and the Design Engineer is fully executed. The District,the City,and the Town recognize that the USACE is not required to comply with any particular schedule for permit review and approval. Section 5. The Design Engineer and the Project Manager,pursuant to their respective contracts,will be required to timely prepare and submit written monthly progress reports and host progress meetings on at least a monthly basis either at the District offices or the Project site. The City and Town shall receive copies of all such reports. The City Engineer and Town Manager or their designees,and the Town's engineering consultant may attend the periodic meetings. 1 Section 6. The District will develop a long-term plan for periodic maintenance ofjthe Cane Run basin to: (i) control vegetative overgrowth or erosion that restricts the flow of water to the Cane Run pump station; and (ii) minimize nuisance odor conditions. The District's long-term -2- 4833-3020-1822.2 plan is subject to the Town's review and approval, which approval shall not be unreasonably withheld. Section 7. In consideration of the initial agreement between the parties,the Town has withdrawn its objections,as submitted in the Town's letter dated July 28,2017,to the City's prior request submitted to the Indiana Department of Environmental Management ("IDEM") and the United States Environmental Protection Agency ("EPA") to: (i) modify its combined sewer overflows("CSO")long term control plan("LTCP"),including CSO control levels;and,(ii)extend the City's implementation schedule. The District will use its best-efforts to complete the Project by December 31, 2021 and the City will use its best efforts to complete by December 31, 2025, either: (i) the CSO interceptor sewer project identified in the LTCP ("Interceptor Project), whih Interceptor Project may be reduced so as to decrease costs of the Interceptor Project to a maxim of Twenty-Six Million Dollars ($26,000,000), subject to approval by IDEM and EPA; or, ( i) another project that will provide the Town with substantially similar relief from CSOs discharg d at the Tenth Street Pumping Station into the Cane Run basin through the District's 96-inch li e that runs through the Radisson Hotel parking lot and Colgate Park. (should dates above e changed?) Section 8. The District and the City agree to cooperate with the Town's plans to develop the South Clarksville Redevelopment Area ("Area") as such plans may involve District flood control improvements,system modifications,or both,so long as the integrity of the Distrigt's works and operations are not jeopardized or compromised. The City and the District agree!to participate in the approval of such plans through the execution of future agreements on an as- needed basis. Section 9. The redevelopment plan for the Area requires the Town to make or to indLce improvements to properties and infrastructure located adjacent to or immediately outside the Town's corporate boundaries, including, without limitation, (i) Hoehn family property known!as Water Tower Square; (ii) Carman Industries property on Riverside Drive; (iii)Market Street; (civ) Court Avenue; (v) Missouri Avenue; (vi) Riverside Drive; (vii) Woerner Avenue flood g to modification;(viii)additional floodwall openings to the west of Woemer Avenue;(ix)South Cl k Boulevard;and(x)Waterfront Park. Section 10. The Town has identified the following projects and public improveme, is that will require the District and the City to mutually cooperate with the Town: (i) the execution and delivery of an agreement authorizing the Town to maintain the Court Avenue extension constructed by the Town to the west of Missouri Avenue within the City;(ii)the grant of additional or relocated rights-of-way for improvements to Riverside Drive; (iii) right-of-entry and approval for the Town's planned work within the Cane Run basin to widen South Clark Boulevard and the associated slope stabilization project, including an extension of the District's existing 96-inch line, provided,however,that the extension shall not in any manner reduce the hydraulic capacity of the 96-inch line; (iv) relocation of underground utilities on District property within the corporate boundaries of the Town;(v)relocation of underground utilities and,if required,granting additicinal rights-of-way for planned improvements to Bridge 160 over Brown Station Way; and (vi) reconstruction of Montgomery Avenue in the Town and Ninth Street in the City to add bike and pedway facilities, with local funding to match Kentuckian Regional Planning and Development -3- 4833-3020-1822.2 II� Agency funds apportioned on the basis of constructions costs within the City and the Town, respectively. Section 11. The City, inclusive of its boards, departments, and commissions, will take all actions reasonably necessary to review and approve the plans for all improvements proposed by the Town within forty-five(45)days following the submission of the plans by the Town,which approvals shall not be unreasonably withheld, provided only that the plans for improvements demonstrate that the City's facilities will not be adversely affected. The provisions of this section apply to the properties and projects described in Sections 9 and 10 of this agreement,as applicable, and to any other project subsequently proposed by the Town. Section 12. The District will take all actions necessary to review, approve,permit wild, if applicable,forward to USACE with favorable recommendation,the plans for all improvements proposed by the Town within forty-five (45) days following the submission of the plans by the Town, which approvals shall not be unreasonably withheld, provided only that the plans for improvements demonstrate that the District's facilities or operations will not be adversely affected. If any planned improvements require prior approval or permitting by USACE before application for approval or permit by the District, the District shall issue such approval or permit within ten (10) days following the issuance of USACE approval or permit. The provisions of this section apply to the properties and projects described in Section 9 and 10 of this agreement,as applicable, and to any other project subsequently proposed by the Town. Section 13. The Department is named an additional party to this agreement for the sole purpose of funding the Town's financial contribution to the Project in accordance with Section 1 of this agreement. The City is named as an additional party to this agreement for the sole pure se of acknowledging the City's obligations under this agreement. The parties shall use their b st efforts to obtain all required approvals of the respective municipal councils, boards d commissions with the execution of the agreement by April 15,2021. Section 14. Future Action Required. The parties acknowledge and understand that the parties must take future actions to implement this agreement; that the parties' agreements e subject to and contingent upon compliance with and completion of applicable statutory proceedings, including, without limitation, any applicable public notice and public hearing requirements and any appeal rights; and that the parties' obligations hereunder, and of their respective boards, departments and commissions, are limited, respectively, to working in good faith and using best efforts to effectuate the purposes of this agreement. Section 15. Amendments. A party to this agreement may propose an amendment to this agreement upon sixty(60)days'notice and mutual consent of all the parties. Section 16. Termination. This agreement may not be terminated after and following the earlier of: (i) issuance of notice to proceed to any contractor for any portion of the Project to be funded with the proceeds of bonds, notes, or other obligations; or (ii) the date of issuance of bonds,notes,or other obligations by any of the parties to provide funds for the Project. -4- 4833-3020-1822.2 Section 17. Severability. If any term or provision of this agreement is declared to lie invalid, null, void, or unenforceable, the remaining provisions shall not be affected and shill remain in full force and effect. Section 18. Entire Agreement. This agreement constitutes the entire agreement between the parties and this agreement shall not be modified,amended. altered or changed except as provided by Section 15 of this agreement. Section 19. Binding Effect. Subject to the specific provisions of this agreement, tl}is agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. Section 20. Applicable Law. This agreement shall be governed by and construed under the laws of the State of Indiana and any action to enforce any provision of this agreement may'ne brought only in the court system of Indiana. Section 21. Counterparts. This agreement may be executed in counterparts. Executed this day of ,2021. CITY OF JEFF R NVILL INDIANA By: Michael G. oore, Mayor Attest: Azu Lisa Gill,City Clerk JEFFERSON LE-CL RKSVILLE FLOOD C N OL DI RICT l9 ^ Michael G. oore, Chairm Attest: Secretary 5- 4833-3020-1822.2 TOWN OF CLARKSVILLE,INDIANA By: Ryan Ramsey,Town Council President Attest: Robert P. Leuthart,Clerk-Treasurer CLARKSVILLE REDEVELOPMENT COMMISSION President . Attest: • Secretary -6- 4833-3020-1822.2