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

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Bend the entire amount of South Bend's monthly distributive share of County Economic Development Income Taxes (the "CEDIT ") otherwise due and owing to South Bend; and WHEREAS, under Article V of the Agreement, the Parties agreed to fund the operating and replacement costs of the Consortium (as defined in the Agreement) and to pay certain assessments as set forth in the Agreement to provide for the payment of such costs; and WHEREAS, South Bend receives distributive shares of the public safety option income tax under Ind. Code § 6- 3.5 -6 -31 (the "Public Safety LOIT ") and desires to substitute Public Safety LOIT for CEDIT as the intercept funding source if South Bend is delinquent in paying an assessment provided for in Article V of the Agreement in order to permit South Bend to issue additional bonds with debt service payable from South Bend's distributive share of CEDIT free from the intercept mechanism provided by the Agreement; and WHEREAS, Mishawaka receives distributive shares of the Public Safety LOIT and desires to substitute Public Safety LOIT for CEDIT as the intercept funding source if it is delinquent in paying an assessment provided for in Article V of the Agreement in order to provide Mishawaka the ability to use its monthly distributive share of CEDIT for other purposes, including the payment of debt service, free from the intercept mechanism provided by the Agreement; and WHEREAS, there has been prepared for consideration a First Amendment to the Interlocal Agreement for the Elimination, Reorganization, Consolidation of Public Safety Answering Points in St. Joseph County, Indiana (the "First Amendment "), attached hereto as Exhibit A, which provides for (i) South Bend to pay the Prepayment Amount to the County, (ii) the County to hold the South Bend Designation in abeyance upon receipt of the Prepayment Amount until March 1, 2017, and (iii) Public Safety LOIT to replace CEDIT as the intercept funding source should either Mishawaka or South Bend not make the assessment payments required under Article V of the Agreement; and WHEREAS, the County Council approved and authorized the execution of the First Amendment through its adoption of Resolution R8 -15 entitled "A RESOLUTION OF THE ST. JOSEPH COUNTY COUNCIL 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" on June 9,2015; and WHEREAS, the Common Council of Mishawaka approved and authorized the execution of the First Amendment through its adoption of Resolution 2015 -20 entitled "A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF MISHAWAKA, 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" on June 15, 2015. -2- US.56800002.02