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

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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