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80-17 Transitioning HPC to the Department of Community Investment
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80-17 Transitioning HPC to the Department of Community Investment
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11/8/2017 2:10:46 PM
Creation date
11/21/2017 2:05:07 PM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
11/13/2017
Bill Number
80-17
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Article II. Statutory Authority; Purpose and Duration of Agreement <br /> Section 2.01. Authori . The Parties make this Agreement under the authority and <br /> subject to the terms and provisions of the Interlocal Cooperation Act, Ind. Code 36-1-7 (the <br /> "Act"). The Parties agree that, upon its full approval by the City and the County (and their <br /> respective fiscal bodies),this Agreement will satisfy each requirement of Section 4(a) of the Act, <br /> exempting it from the necessity of approval by the Indiana Attorney General. <br /> Section 2.02. Purpose. Pursuant to Section 3(a)(2) of the Act, the Parties agree that the <br /> purpose of this Agreement is to continue the HPC's operations in pursuance of its above-stated <br /> mission and to provide for the effective management of historic preservation matters related to or <br /> that may come before the HPC, including the Parties' mutual coordination of the transfer of <br /> management responsibility.from the County to the City. <br /> Section 2.03. Duration. Pursuant to Section 3(a)(1) of the Act,the Parties agree that this <br /> Agreement shall become effective on January 1, 2018 (the "Effective Date"), and will continue <br /> until December 31, 2018; provided, however, that this Agreement shall thereafter automatically <br /> renew for successive one (1)year terms unless terminated as provided herein. <br /> Section 2.04. Termination. Pursuant to Section 3(a)(4) of the Act,the Parties agree that <br /> either Party may terminate this Agreement, by the adoption of a resolution by its executive, no <br /> later than August 1 of the calendar year such Party wishes to be the final calendar year of this <br /> Agreement, resolving to terminate this Agreement as of December 31 of that calendar year. In <br /> the event of the termination of this Agreement, the Parties agree to cooperate to insure the <br /> smooth transition from the existing structure of the UPC, as a joint board, to separate boards <br /> operating independently by the City and the County, respectively. If such termination occurs <br /> within five (5) years of the Effective Date of this Agreement, the County will be entitled, upon <br /> written request to the City, to recover and take possession of the equipment, office furniture, <br /> vehicles, and any other personal property or assets the County contributed to the HPC (or to the <br /> County staff members serving the HPC), irrespective of whether the County made such <br /> contribution of assets before or after the Effective Date of this Agreement. If such termination <br /> occurs more than five (5) years after the Effective Date of this Agreement, the County will have <br /> no right to recover any equipment, office furniture, vehicle, or any other personal property or <br /> asset the County contributed to the UPC (or to the County staff members serve the UPC) and <br /> will not be entitled to any compensation or payment for the value thereof. <br /> Article III. Administration <br /> Section 3.01. Governing Ordinances; Non-preemption. The Parties mutually <br /> acknowledge that, as of the Effective Date of this Agreement, (a) Article 13 of Chapter 21 of the <br /> South Bend Municipal Code, as may be amended from time to time (the "City Ordinance"), <br /> governs the HPC's functions and processes concerning historic preservation matters within in the <br /> corporate boundaries of the City; and (b) Title XV, Chapter 154, §§ 154.245-154.263 of the St. <br /> 2 <br />
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