80-17 Transitioning HPC to the Department of Community Investment

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Article II. Statutory Authority; Purpose and Duration of Agreement Section 2.01. Authori . The Parties make this Agreement under the authority and subject to the terms and provisions of the Interlocal Cooperation Act, Ind. Code 36-1-7 (the "Act"). The Parties agree that, upon its full approval by the City and the County (and their respective fiscal bodies),this Agreement will satisfy each requirement of Section 4(a) of the Act, exempting it from the necessity of approval by the Indiana Attorney General. Section 2.02. Purpose. Pursuant to Section 3(a)(2) of the Act, the Parties agree that the purpose of this Agreement is to continue the HPC's operations in pursuance of its above-stated mission and to provide for the effective management of historic preservation matters related to or that may come before the HPC, including the Parties' mutual coordination of the transfer of management responsibility.from the County to the City. Section 2.03. Duration. Pursuant to Section 3(a)(1) of the Act,the Parties agree that this Agreement shall become effective on January 1, 2018 (the "Effective Date"), and will continue until December 31, 2018; provided, however, that this Agreement shall thereafter automatically renew for successive one (1)year terms unless terminated as provided herein. Section 2.04. Termination. Pursuant to Section 3(a)(4) of the Act,the Parties agree that either Party may terminate this Agreement, by the adoption of a resolution by its executive, no later than August 1 of the calendar year such Party wishes to be the final calendar year of this Agreement, resolving to terminate this Agreement as of December 31 of that calendar year. In the event of the termination of this Agreement, the Parties agree to cooperate to insure the smooth transition from the existing structure of the UPC, as a joint board, to separate boards operating independently by the City and the County, respectively. If such termination occurs within five (5) years of the Effective Date of this Agreement, the County will be entitled, upon written request to the City, to recover and take possession of the equipment, office furniture, vehicles, and any other personal property or assets the County contributed to the HPC (or to the County staff members serving the HPC), irrespective of whether the County made such contribution of assets before or after the Effective Date of this Agreement. If such termination occurs more than five (5) years after the Effective Date of this Agreement, the County will have no right to recover any equipment, office furniture, vehicle, or any other personal property or asset the County contributed to the UPC (or to the County staff members serve the UPC) and will not be entitled to any compensation or payment for the value thereof. Article III. Administration Section 3.01. Governing Ordinances; Non-preemption. The Parties mutually acknowledge that, as of the Effective Date of this Agreement, (a) Article 13 of Chapter 21 of the South Bend Municipal Code, as may be amended from time to time (the "City Ordinance"), governs the HPC's functions and processes concerning historic preservation matters within in the corporate boundaries of the City; and (b) Title XV, Chapter 154, §§ 154.245-154.263 of the St. 2