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HomeMy WebLinkAboutApproving a First Amendment to the Interlocal Agreement of Public Safety Answering Points in St. Joseph CountyAttest: RESOLUTION 4464 -15 Passed by the Common Council of the City of South Bend, Indiana June 22, 15 20 . Presented by me to the Mayor of the City of South Bend, Indiana June 23 20 15 City Clerk President of Common Council Approved and signed by me 3V A L a 3 20 � s. City Clerk 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 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 THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I. The Common Council hereby approves the First Amendment attached hereto as Exhibit A and approves and authorizes execution of the First Amendment by the City. SECTION II. This Resolution shall be in full force and effect from and after the time it has been adopted by the Common Council, approved by the Mayor, and otherwise executed and delivered in accordance with any and all laws pertaining thereto. COM COUNCIL OF THE CI Y OF SO END, INDIANA Member of the Common Council 'RESENTED NOT APP90' 0 -w*APO*v° j 4P -3 - US.56800002.02 Filed In Clark's Office ,,UIN 17 2015 JOHN VOORDE CITY CLERK, SOUTH SEND, IN TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 15 -53 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 Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole EXHIBIT A First Amendment to the Interlocal Agreement for the Elimination, Reorganization, Consolidation of Public Safety Answering Points in St. Joseph County, Indiana US.56800002.02 EXHIBIT A First Amendment to the Interlocal Agreement for the Elimination, Reorganization, Consolidation of Public Safety Answering Points in St. Joseph County, Indiana US.56800002.02 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR THE ELIMINATION, REORGANIZATION, AND CONSOLIDATION OF PUBLIC SAFETY ANSWERING POINTS IN ST. JOSEPH COUNTY, INDIANA This First Amendment to the Interlocal Agreement for the Elimination, Reorganization, and Consolidation of Public Safety Answering Points in St. Joseph County, Indiana (the "Amendment ") is made as of the day of 2015, by and among 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 ") (each individually a "Party" and collectively, the "Parties ") and is made pursuant to IND. CODE 36 -1 -7. RECITALS WHEREAS, 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 19th 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 on January 14, 2014 and approved by the Board of Commissioners of the County of St. Joseph, Indiana, 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, the Mayor of South Bend (the "South Bend Mayor "), in his capacity as the executive of South Bend, did, on December 30, 2014, execute and deliver to the County his "Designation of St. Joseph County as a Recipient of Part of the City of South Bend's Distributive Share of Revenues from the County Economic Development Income Tax (CEDIT)" (the "South Bend Designation "), pursuant to which the South Bend Mayor designated the County as the recipient of a portion of each of South Bend's monthly distributive share of CEDIT (the "South Bend CEDIT ") in amounts equal to the amounts set forth on Exhibit A of the South Bend Designation which represent South Bend's portion of the Debt Service Payments with respect to the County Bonds; and WHEREAS, South Bend previously issued its Taxable County Economic Development Income Tax Refunding Bonds, Series 2006 A and Taxable County Economic Development Income Tax Refunding Bonds, Series 2006 B (collectively, the "South Bend Bonds ") payable solely out of the South Bend CEDIT which finally mature on February 1, 2017; and WHEREAS, the payment of principal of and interest on the South Bend Bonds constitutes a senior lien on the South Bend CEDIT; and WHEREAS, in order to permit the County to receive the amounts due under the South Bend Designation without regard to the South Bend Bonds, South Bend desires to prepay its monthly share of certain 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 such time as the South Bend Bonds finally mature, beginning with the monthly share due in the month following the month in which this Amendment is executed and ending with the monthly share due 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 Bend the entire amount of South Bend 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; and WHEREAS, Section 5.06 of the Agreement permits the County to intercept and withhold CEDIT from any Party that is delinquent in paying the Assessments due by such party; and WHEREAS, South Bend has determined to issue bonds for the purpose of financing certain park improvements, the principal of and interest on which bonds would be payable from the South Bend CEDIT (the 'Park Bonds "); 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 it is delinquent in paying an Assessment provided for in Article V of the Agreement in order to permit South Bend to issue the Park Bonds with debt service payable from the South Bend CEDIT free from the intercept mechanism provided by the Agreement; and WHEREAS, Mishawaka receives distributive shares of the Public Safety LOIT and also 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 Mishawka 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 -2- US.56189914.04 NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: AGREEMENT 1. Prepayment by South Bend. Notwithstanding any provisions of the Agreement, the Parties hereto agree that South Bend shall pay to the County the Prepayment Amount prior to the ls` day of the month following final execution of this Amendment. Upon receipt of such payment, the County agrees to hold in abeyance the South Bend Designation and agrees that it will be without effect until March 1, 2017. During such period, the County agrees that South Bend shall receive its full distributive share of South Bend CEDIT without reduction or claim by the County. South Bend and the County agree and acknowledge that the South Bend Designation will again be in full force and effect on March 1, 2017. 2. Public Safety LOIT Intercept. Section 5.06 of the Agreement is amended and restated in its entirety to read as follows: Section 5.06 Assessments; Intercept. The Parties acknowledge the financial exposure assumed by the County in this Agreement. In recognition thereof, Assessments not received in accordance with the schedule described in this Agreement shall be satisfied using an intercept process consisting of; (a) The County Auditor notifying the Controller of the delinquent Party of the delinquency. The notification shall be in writing and provide five (5) days to settle the Assessment. (b) Assessments not received within five (5) days of the written notifications shall be satisfied by the County Auditor withholding an equivalent amount of the Public Safety Local Option Income Tax revenues received under IND. CODE § 6- 3.5 -6 -31 ( "Public Safety LOIT ") from the next monthly Public Safety LOIT distribution due to the delinquent Party and transferring that withheld amount to the proper Fund(s). 3. Miscellaneous. a. Except as expressly modified, amended or supplemented by this Amendment, the Agreement shall remain in full force and effect. b. Capitalized terms not defined herein shall have the meaning set forth in the Agreement. -3 - US.56189914.04 C. This Amendment may be executed in multiple original, facsimile or PDF counterparts, each of which when executed shall be deemed an original, but all of which together shall constitute one and the same instrument. -4- US.56189914.04 IN WITNESS WHEREOF, the Parties have executed this Amendment to the Interlocal Agreement: St. Joseph County PSAP Consolidation ST. JOSEPH COUNTY, INDIANA CITY OF SOUTH BEND, INDIANA Andrew T. Kostielney, President of the Board of Commissioners Dave Thomas, Vice President of the Board of Commissioners: Deborah A. Fleming, DMD, Member Board of Commissioners ATTEST: Michael J. Hamann, Auditor CITY OF MISHAWAKA, INDIANA David A. Wood, Mayor ATTEST: Deborah S. Block, IAMC, MMC, City Clerk -5 - US.56189914.04 Pete Buttigieg, Mayor ATTEST: John Voorde, City Clerk CLAY FIRE TERRITORY Michael Dobson, President Clay Fire Commission Board AGREED AND ACKNOWLEDGED: CLAY TOWNSHIP OF ST. JOSEPH COUNTY, INDIANA M Robbie Thomas, Trustee 120ON CouNTr -OTV Bcm.DiNG 227 W JEEEERsoN BLvD. SOUTH BEND, INDIANA 46601 -1830 CITY of SOUTH BEND PETE BUTTIGIEG, MAYOR PHoNE 574/ 235-9216 FAx 574/235 -9928 DEPARTMENT OF ADMINISTRATION AND FINANCE June 17, 2015 Mr. Tim Scott President South Bend Common Council 227 West Jefferson Boulevard 4°i Floor South Bend, IN 46601 Re: Resolution Approving Amendment to Public Safety Answer Points (PSAP) Interlocal Agreement Dear Council President Scott: Attached for filing with the South Bend Common Council is a Resolution to approve an amendment to the Public Safety Answer Points (PSAP) Interlocal Agreement (the Agreement) previously executed by the County, the City of South Bend, the City of Mishawaka, and the Clay Fire Territory. The proposed Amendment modifies the Agreement in two ways. First, pursuant to the amendment, the City of South Bend will prepay through February 1, 2017, its share of the County CEDIT revenue bonds issued in 2014 to finance the consolidated dispatch center. This will permit South Bend to receive its distributive share of CEDIT revenues so that it can make payments on certain outstanding CEDIT bonds which finally mature in February, 2017. Beginning then on March 1, 2017, the County will once again continue to withhold South Bend's portion of the County bond payments from South Bend's distributive CEDIT share. Additionally, the amendment permits the Cities of South Bend and Mishawaka to substitute their respective distributive shares of public safety LOIT each would receive in lieu of their respective CEDIT distributive shares as the intercept funding source if either City is delinquent in paying their respective assessments for operating and replacement costs under Article 5 of the PSAP Interlocal Agreement. This provides each City greater flexibility with their respective CEDIT funds. o Mr. Tim Scott Page Two June 17, 2015 It is requested that this resolution be placed on the agenda for the Council's meeting of June 22, 2015. I will present the resolution to the Council at its Committee meeting and at the regular meeting. A member of the City Department of Law will be present to answer any legal questions you may have. Thank you for your consideration. Sincerely, �0 4 0OTh8- John H. Murphy City Controller Attachment ,M\ Filed in _- r3ffice 4ei`v � 7 2015 CITY CLERK, SO TCH BENZ), IN