HomeMy WebLinkAboutOak Park Conservancy MOA INTERLOCAL COOPERATION AGREEMENT FOR
SURFACE WATER DRAINAGE AND FOR MUNICIPAL SEPARATE
STORM SEWER SYSTEM (MS4) RULE 13 (327 IAC 15-13) COORDINATION
THIS AGREEMENT, entered into the /'? day of march 2012, on the dates
specified below, by and between the City OF JEFFERSONVIVLLE, Indiana (hereinafter
referred to as "City") and the OAK PARK CONSERVANCY DISTRICT, Indiana
(hereinafter referred to as "District"). Both Parties being political subdivisions located in
Clark County, Indiana, and entered into for purposes of IC 36-1-7 et seq. as defined in IC 36-
1-2-13.
WITNESSETH THAT:
WHEREAS, City has recently annexed certain areas, effective on January 1, 2008 and
on January 1, 2010, one portion of which includes territory which is adjacent to and inclusive
of the territory comprising the District (see"Exhibit A");
WHEREAS, the District has been engaged in the improvement of surface water
drainage in the District, except for that areas within the right-of-way of public streets and
thoroughfares and certain area known as the Lancassange Creek drainage right-of-way,
which the Clark County Board of Commissioners (the"Commissioners") agreed to maintain
pursuant to an agreement with the U.S. Army Corps of Engineers.
WHEREAS, the City has a duty to maintain surface water drainage within the right-
of-ways of those public streets and thoroughfares located within the District which is
necessary for the proper maintenance of those public streets and thoroughfares;
WHEREAS, both the City and the District have a Municipal Separate Storm Sewer
System (MS4)program, as required by 327 IAC 15-13 and known as "Rule 13", within the
territory located within the District, which fact sometimes leads to a duplication of services,
confusion on a duty to report, and uncertainty among residents regarding enforcement. This
situation is exacerbated by the fact that the regulations relating to surface water quality and
drainage are not identical.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants,
promises, and agreements 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
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forty (40) years commitment and closes on said 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 improve the effectiveness and
efficiency of service provided to the residents of the City living within the territorial
boundaries of the District.
3. Manner of Financing. The District will bear responsibility for the financial cost of
providing services it is obligated to perform hereunder, which shall typically be paid
from special benefits tax revenues. The City will bear responsibility for the financial
cost of providing services it is obligated to perform hereunder, which shall typically
be paid from real estate tax revenues and 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.
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.
S. 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. To the extent that the parties
regulate the same matters, they shall strive to have consistent regulations, standards,
penalties, and enforcement procedures. 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 account 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 Surface Water Drainage Agreement.
8. Surface Water Drainage Agreement.
a. MS4 Cooperation. Both the City and the District are required to provide
stormwater drainage services in the territory comprising the District, and report to
the Indiana Department of Environmental Management (herein after "IDEM").
Because the City will be bearing responsibility for the drainage infrastructure
located in all right of ways for streets and thoroughfares, as well as the right of
way for the Lancassange Creek and the District will be bearing that responsibility
for all areas not located in the right of ways of public streets and thoroughfares
and Lancassange Creek, both the City and the District will be affected by drainage
issues occurring within the District. Therefore, to the extent possible, the City and
the District will submit a joint report, or, corresponding reports to IDEM relating
to the territory comprising the District. Likewise, the City and the District will
work cooperatively to implement the control measures required in the MS4
program.
b. Construction Projects. The City will bear responsibility for all drainage
construction projects located solely within the rights of ways of streets and
thoroughfares, as well as the Lancassange Creek drainage right of way and the
District will bear responsibility for drainage infrastructure located elsewhere
within the District. To the extent that a drainage project will overlap or fall within
both of the "jurisdictions"the parties will work cooperatively to pay their pro rata
share of the costs of the project. If the parties do not agree on the necessity for the
project then either the City or the District can agree to bear the entire cost of the
project, or the project will be postponed until the parties reach and agreement or
funding becomes available.
c. Alignment Of Regulations. The parties agree to work together to align their
storm water regulations, reporting, enforcement, and the penalties therefore. This
shall be commenced immediately upon execution of this document, and shall be
completed within six (6) months, unless the parties agree to a further enlargement
of time.
d. Enforcement Proceedings When Jurisdiction Overlaps. To the extent that a
drainage problem begins within the jurisdiction of either the City or the District,
and extends into or in and out of the other territory which is the responsibility of
the other party the jurisdiction in which the problem originates shall take lead
responsibility for enforcement actions. To the extent that remediation is necessary
in both Districts, any resolution of the problem by the party having lead
jurisdiction shall include remediation in the other territory.
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e. Disagreements. To the extent there is a disagreement in the interpretation and
application of this agreement, the parties shall first attempt to reach a common
understanding by negotiation, which shall take place within sixty (60) days of the
time the apparent disagreement becomes known. If no reconciliation is made by
that time then the parties shall submit the matter to non-binding mediation within
an additional sixty(60) days. If neither negotiation nor mediation is successful
the matter shall be submitted for binding arbitration pursuant to the Indiana Rules
for Alternative Dispute Resolution.
f. Complaints. To the extent that either the City or the District receives a complaint
regarding a violation of the Surface Water Drainage Regulations which are to be
adopted hereunder, and the entity receiving that complaint believes that
responsibility to resolve the complaint belongs to the other party of this
agreement,that essence of that complaint shall be reduced to writing on a form
approved by both parties and the form forwarded to the other party. In that event,
on at least a monthly basis, a representative of both the City and the District shall
meet to reconcile the list of complaints which have been thus forwarded to the
other party. In the event that the representatives are unable to agree the extent to
which each of the two (2)parties bears responsibility for attention to or
remediation of the problem, the matter shall be referred, on behalf of the city, to
the City's drainage board, and behalf of the District, to the District's board of
directors. In any event the person or entity lodging the complaint shall be kept
apprised of the status of the complaint/report and shall be provided with contact
information for the parties to whom the responsibility for resolution of the
complaint/report has fallen.
g. Engineering. To the extent that the parties work jointly on a
construction/remediation project within the District, the parties shall agree on the
professional engineering firm or individual to design and/or oversee construction
of any improvements.
h. Maps and Other Technical Information. The City and the District shall, to the
extent legally permissible, share with one another all maps, reports and technical
information relating to drainage within the District, including but not limited to
ditches, swales, culverts, headwalls, creeks, tributaries, manholes, pipes,
causeways, drains, roadways and any other infrastructure which does or may
affect surface drainage or the quality of waters within those areas.
This Interlocal Cooperation Agreement was approved by the duly passed resolutions
of the following:
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BY THE BOARD OF DIRECTORS OF THE OAK PARK CONSERVANCY DISTRICT:
Approved on the a'1 day of -- h ( ,2012, by the Board of Directors of
the Oak Park Conservancy District, Clark County, Indiana.
By:
Mars all 4 ohms , Chairman
/40
i/, /I.4
ce H- a ,Vice Chairman
Charlie Milburn, Bo d Member
ATTEST:
Amy urton, ecretary
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BY THE City OF JEFFERSONVILLE, INDIANA:
Approved on the /Vday of fl)a(C.J\ 2012,by the Common Council of the City
of Jeffersonville, Clark County, Indiana.
By: T
Ed Zastawny, Pres' ent
ATTEST:
14111 (Wilt.'
Vicki Conlin, Clerk
This resolution approved and signed by me this ,p day of7VIDALP, 2012.
By:
Hon. Mike M ore,Mayor
A "PEST:
tfA2A fOL-
Vicki Conlin, Clerk
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(EXHIBIT A)
Legal Description of Current OPCD Territory
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AREA 1
Beginning at the northeasterly line of Allison Lane and the south line of Oak Park Boulevard;
northeastwardly to the west line of Park Lane; southeastwardly to the southeast line of Oak Park
Ninth Addition extended; northeastwardly with south east line to the southwest line of Riverside
Subdivision; northwestwardly with southwest line of Riverside Subdivision to the southeast line of
Oak Park Eighth Addition and northwest line of Riverside Subdivision; northeastwardly with
northwest line to the northeast line of Oak Park Eighth Addition; northwestwardly with the
northeast line of Oak Park Eighth Addition which is also the southwesterly line of Fields of
Lancassange Subdivision to the southeast line of Middle Road; northwardly with the southeast
line of Middle Road to the northeast line of Fields of Lancassange Subdivision; southeastwardly
with the northeast line of Fields of Lancassange Subdivision to its southeast corner;
southwestwardly with the southeast line of Fields of Lancassange Subdivision to the northeast
line of Riverside Subdivision; southeastwardly with northeast line to northeast line of
Meadowndowns; eastwardly with the northeast line to the southeasterly line of Meadowdowns;
southeastwardly with southeast line of Meadowdowns to Utica Pike; northeastwardly with west
line of Utica Pike to the northwest line of Island View; northeastwardly with northwest line to
southeasterly line of Island View; southeastwardly with southeast line to southeasterly line of
Island View; southwestwardly with southeasterly line to the southwest line of Island View;
northwestwardly with the westerly line to the southerly line of Island View; northwestwardly with
the southerly line to the east line of Utica Pike; southwestwardly along the east line of Utica Pike
to Longview Drive, including all those properties facing Utica Pike; northwestwardly along the
south line extended to the south line of Longview Drive; south along the westerly line of Utica
Pike to the northeasterly line of Allison Lane; northwest along the northeasterly line of Allison
Lane to the point of beginning. Containing all that part of the Conservancy District in McBride
Heights, Riverside Subdivision, Island View, Meadowdowns, all that in the first section, second
section, third section, and fourth section of Oak Park, South of Oak Park Boulevard and Fields of
Lancassange Subdivision.
AREA 2
Beginning at the southeast line of Oak Park Boulevard and the easterly line of Sycamore
Road; southeastwardly with the southeast line of Oak Park Boulevard to the northeasterly line of
Allison Lane; southeastwardly with the northeasterly line of Allison Lane to the westerly line of
Utica Pike; southwestwardly with the westerly line of Utica Pike to the southerly corner of
Wathen Heights, Virginia Addition; northwestwardly with the westerly line of Wathen Heights,
Virginia Addition, to the easterly corner of Wathen Estates; southwestwardly with a southerly
line of Wathen Estates; southeastwardly with a line to the southeasterly corner of Wathen
Estates; southwestwardly with the most southerly line of Wathen Estates to the northeasterly line
of Cherokee Terrace; northwestwardly with the northeasterly line to the most northerly corner of
Cherokee Terrace; southwestwardly with the northerly line to the westerly corner of Cherokee
Terrace; northwestwardly with the line of Cherokee Terrace extended to the southwesterly corner
of the Avery/Read tract; northeastwardly with the southerly line of the Avery/Read tract to the
southeasterly corner thereof, northwestwardly with the easterly line of the Avery/Read tract to
the westerly line of Middle Road; northeastwardly with the westerly line of Middle Road to the
northeasterly line of Allison Lane, including all those properties facing Middle Road on the
southeast side; northwestwardly with the northeasterly line of Allison Lane to the northwesterly
line of Indian Hills extended including all those properties facing Allison Lane on the northeast
side; northeastwardly with the northwesterly line of Indian Hills to the southwesterly line of
Capitol Hills, Section 4; southeastwardly with the southwesterly line of Capitol Hills extended, to
the most southerly corner of Oak Park, Section 8, southwestwardly to the easterly line of
Sycamore Road; southeastwardly with the easterly line of Sycamore Road to the point of
beginning. Containing all that part of the Conservancy District in Wathen Heights, Wathen
Estates, Wathen Ridge, Walford Manor, Beech Grove, Indian Hills, Clark Dell, Oak Park,
Section 4, Section 5, and Section 6; south of Sycamore Road and east of the east line of Allison
Lane.
AREA 3
Beginning at the southeast line of Oak Park Boulevard and the easterly line Sycamore
Road; north westwardly with the northeasterly line of Sycamore Road to the
northwesterly line of Oak Park, Section 6; northeastwardly to the southerly corner of
Oak Park, Section 8; north westwardly to the westerly corner of the Klein tract and the
southerly line of River City Park Road; southeastwardly to another corner of the Klein
tract and the southerly line of River City Park Road; northeastwardly to northeasterly
corner of Klein tract; southeastwardly with the line of Seilo Ridge extended, to a corner
of Seilo Ridge; northeasterly to the northeast corner of Seilo Ridge; northeastwardly to
the north east corner of Pebble Creek; southeastwardly to the southeast line of Middle
Road; southwestwardly with the east line of Middle Road to the northeasterly line of Oak
Park, Section 8; southeastwardly to the easterly corner of Oak Park, Section 8;
southwestwardly to the most northerly corner of Oak Park, Section 7; southeastwardly to
the most easterly corner of Oak Park, Section 9; southwestwardly with the southerly line
of Oak Park, Section 9, extended to the westerly line of Park Lane; northeastwardly to
the southeasterly line of Oak Park Boulevard; southwestwardly to the easterly line of
Sycamore Road, the point of beginning. Containing the Klein tract, the Catholic Church
tract, Seilo Ridge Subdivision, Autumn Ridge Apartments, Pebble Creek Subdivision,
Marquise Meadow Subdivision, Lighthouse Apartments, Capitol Hills Subdivision,
Sections 7, 8 & 9 of Oak Park, and part of Sections 3, 5 & 6 of Oak Park.