Approving a First Amendment to the Interlocal Agreement of Public Safety Answering Points in St. Joseph County

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RESOLUTION NO. `f L" J A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING A FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE ELIMINATION, REORGANIZATION, AND CONSOLIDATION OF PUBLIC SAFETY ANSWERING POINTS IN ST. JOSEPH COUNTY, INDIANA, AND OTHER RELATED MATTERS WHEREAS, the Board of Commissioners (the "Board of Commissioners ") of St. Joseph County, Indiana (the "County "), the City of South Bend, Indiana ( "South Bend "), the City of Mishawaka, Indiana ( "Mishawaka "), and the Clay Fire Territory (the "Territory ") (collectively, the "Parties ") executed an Interlocal Agreement for the Elimination, Reorganization, and Consolidation of Public Safety Answering Points in St. Joseph County, Indiana (the "Agreement "), dated the 19'h day of August, 2014 to comply with Ind. Code § 36 -8- 16.7- 47(e); and WHEREAS, Section 4.02 of the Agreement provides that the Parties agree to jointly finance the acquisition, construction, demolition, renovation, improvement, excavation, and equipping of projects necessary to build the Consolidated Dispatch Center as defined by Ordinance 79 -13, passed by the St. Joseph County Council (the "County Council ") on January 14, 2014 and approved by the Board of Commissioners, on January 15, 2014; and WHEREAS, Section 4.02 of the Agreement further provides that South Bend and Mishawaka will transfer an irrevocable portion of each City's distributive share of County Economic Development Income Taxes ( "CEDIT ") to the County, pursuant to Ind. Code § 6 -3.5- 7-15, in such amounts as necessary so that the annual debt service payments (the "Debt Service Payments ") for the St. Joseph County Economic Development Income Tax Revenue Bonds of 2014 (the "County Bonds ") issued by the County to finance the Consolidated Dispatch Center shall be paid for by the Parties in the following percentages: South Bend 29.03 %, Mishawaka 17.34% and the County 53.62 %; and WHEREAS, in order to permit the County to receive the amounts due under the designation by the Mayor of South Bend pursuant to the Agreement (the "South Bend Designation ") without regard to obligations South Bend has with respect to certain outstanding bonds payable from South Bend's distributive share of CEDIT (the "South Bend Debt "), South Bend desires to prepay its monthly share of the Debt Service Payments on the County Bonds, with the amount of such prepayment equaling the amount otherwise due and payable under the South Bend Designation until the final maturity of the South Bend Debt in February, 2017 (the "Prepayment Amount "); and WHEREAS, in exchange for and upon receipt of the Prepayment Amount, the County shall hold the South Bend Designation in abeyance until March 1, 2017, and the Designation shall be without effect until such date, and the County shall transfer monthly to South US.56800002.02