HomeMy WebLinkAboutAuthorizing the Mayor to Enter into an Agreement with St. Joseph County, Indiana & Town of New Carlisle for Constrution & Maintenance of Access Road and Water and Sewer Systems RESOLUTION
NO. 1495-87
Passed by the Common Council of the City of South Bend, Indiana,
April 13, 19 87 .
Attest: ` ``e"` City Clerk
Attest. 10117444122 President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
April 14, 19 87.
City Clerk
Approved and signed by me (ITC'S I y 19 R 7 .
y79ct b�/ GL�G1 1___ Mayor
RESOLUTION NO. (L{G S - 27
RESOLUTION OF THE COMMON COUNCIL
OF THE CITY OF SOUTH BEND, INDIANA
AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT
WITH ST. JOSEPH COUNTY, INDIANA AND
THE TOWN OF NEW CARLISLE, INDIANA
FOR THE PURPOSE OF CONSTRUCTION AND MAINTENANCE OF
AN ACCESS ROAD AND WATER AND SEWER SYSTEMS
WHEREAS, the Mayor of the City of South Bend is the Chief
Executive Officer of the City; and
WHEREAS, the City of South Bend will benefit from the
location of a large steel plant to be constructed in western St.
Joseph County by I/N Tek.
NOW THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA AS FOLLOWS:
Section I. That the Mayor of the City of South Bend is
hereby authorized to enter into the attached Agreement with St.
Joseph County and New Carlisle under the Interlocal Cooperation
Act, I.C. 36-1-7-1 et seq.
Section II. This resolution shall be in full force and
effect from and after its passage by the Common Council and its
approval by the Mayor.
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ember •f the ommon :ouncil
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NOT APPROVED
ADOPTED t(- 13- a 7 APR 8 1987
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TB/BPW/1 WY CLERK, SO. BM, if
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CITY of SOUTH 1 EN
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.°4 11, **/* 3 S ROGER O. PARENT, Mayor
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1400 COUNTY CITY BUILDING SOUTH BEND.INDIANA 46601
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Eugenia S. Schwartz Telephone No.
City Attorney 219/2849241
Thomas L. Bodnar April 8, 1987 Telecopy No
Chief Deputy
David C. Chapleau
Marva Leonard-Dent
Brian W. Long
Carolyn V. Pfotenhauer
Robert C. Rosenfeld
Thomas F. Strickler
Members of the Common Council
of the City of South Bend
4th Floor
County-City Building
South Bend, IN 46601
Re: I/N Tek Agreement
Dear Council Member:
As you are aware from reading the newspapers, a massive steel
plant will be constructed in western St. Joseph County. As part of
a cooperative effort, the City of South Bend will handle the sewage
from that plant. To facilitate the building of the sewer systems,
a Joint Board will be set up under an Interlocal Agreement. Under
that board, all monies for the construction of the sewer will be
provided by St. Joseph County from monies received from the State
of Indiana. The City of South Bend will have major responsibil-
ities in the selection of an engineer and in the design of the
sewer project. However, the work will be done primarily as a
County responsibility. Upon completion of these sewer systems to
our satisfaction, the systems will be deeded to the City.
Attached to the resolution is the Interlocal Agreement which
will provide for the project as described above.
Very truly yours,
omas L. Bodnar
Chief Deputy City Attorney
TB/BPW/1
Attachment
8'71.770 7 " ,s
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AN AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIAN.," ) •
ST. JOSEPH COUNTY, INDIANA, AND THE ;p- _ z o
TOWN OF NEW CARLISLE, INDIANA, "'"' '` CJ'r
FOR DESIGN, CONSTRUCTION AND MAINTENANCE OF
4.
INFRASTRUCTURE ITEMS SUCH AS ROADS, WATER SYSTEMS " '
SANITARY SEWERS AND STORM SEWERS rin
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WHEREAS, St . Joseph County, the City of South Bend, and therY <<, ,sy;.
Town of New Carlisle desire to enter into a creative and {�ri ,
affirmative partnership to take all necessary and proper actions _:'
possible to facilitate the location of the I/N Tek Steel Plant in I4
St . Joseph County, which would significantly improve the economic
climate of our area, increase the tax base, provide employment ;', '
opportunities, and serve as a magnet for other business and ''!!if y
industry; and,
WHEREAS, as a result of this cooperative effort, I/N Tek has
chosen a site in the western portion of St. Joseph County as the r:
location for construction of a cold roll steel plant; and, r7
WHEREAS, the site chosen by I/N Tek currently lacks adequate
access roads, and the commitment to build such roads was a
necessary precondition for I/N Tek selection of the western St.
Joseph County site over other sites outside of St . Joseph County;
and,
WHEREAS, the site chosen by I/N Tek lacks the necessary
water and sewage facilities for the service of such a plant and
its employees, and the commitment to provide such facilities is
a necessary precondition for I/N Tek selection of the western St .
Joseph County site over other sites outside of St . Joseph County;
and,
WHEREAS, the parties to this Agreement (St . Joseph County,
City of South Bend and Town of New Carlisle) wish to take actions
and make commitments necessary and proper to facilitate the
building of the required roads, water systems, sanitary sewers
and storm sewers; and,
WHEREAS, the County of St . Joseph will receive from the
State of Indiana grants and loans for the construction of roads,
water systems, sanitary sewers and storm sewers to service the
I/N Tek plant; and,
WHEREAS, the location of the I/N Tek plant within St . Joseph
County will serve as an incentive to related businesses to locate
therein; and,
WHEREAS, the location of other businesses in connection with
the I/N Tek plant could be dependent upon sufficient road access
and water and sewage connections to available sites .
NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:
SECTION 1 . The County of St . Joseph, Indiana (County) , and
the City of South Bend, Indiana (City) , and the Town of New
Carlisle (Town) jointly agree that a road system shall be
designed, constructed and maintained over a route from the plant
entrance southerly to a point on State Road 2 and also
northeasterly to a point on U. S. 20 in St . Joseph County, along
with other necessary road improvements in the immediate area
needed to serve the plant site.
SECTION 2 . The City and Town authorize the County to
design, construct and maintain such a road system within St .
Joseph County. The County' s duties shall include but not be
limited to: the advertising for surveying, environmental study,
soil testing, road design, storm sewer design, right-of-way
acquisition and any other professional services needed; the
selection and contracting of needed professional service
1
providers; overseeing and coordinating professional activities;
securing necessary State and Federal approvals and permits;
provide County funding as needed, through agreements, resolutions
and ordinances; prepare construction Plans and Specifications;
obtain necesssary right-of-way by gift, fee or condemnation;
advertise and receive bids for construction of the proposed work;
enter into necessary construction contracts; inspect the
construction; prepare Change Orders and Extra Work Orders, if
required; handle payments to contractors and other services as
needed to complete the work .
SECTION 3. The County, the City and the Town jointly agree
that there shall be constructed a sanitary sewer system
connection running from the South Bend sanitary sewer system
located on the western limits of South Bend to the I/N Tek plant
site .
SECTION 4. The City authorizes the County to assist in the
design and construction of this sanitary sewer system by: the
advertising for surveying, environmental studies, soil testing,
sanitary sewer design, right-of-way acquisition and any other
professional services needed; aid in the selection and
contracting of needed professional service providers; aid in the
overseeing and coordinating of professional activities; aid in
the securing of necessary State and Federal approvals and
permits; aid in the preparation of necessary agreements, •
resolutions and ordinances needed for funding the sanitary sewer
system; aid in the preparation of construction Plans and
Specifications; aid in obtaining necessary right-of-way by gift,
fee or condemnation; aid in advertising and opening of bids for
construction of the proposed work; aid in entering into necessary
construction contracts; aid in the construction inspection
process which is to be handled by City forces; aid in preparing
Change Orders and Extra Work Orders if necessary and if required;
handle payments to contractors and other services needed to
complete the work .
SECTION 5. Upon completion of the sanitary sewer system by
the County, the sewer system and all necessary rights-of-way and
easements in connection with said sewer system shall be deeded by
the County to the City. All maintenance of the system will at
that time be taken over by the City of South Bend .
SECTION 6 . The City, Town and County jointly agree that
there shall be constructed a water system running from the
existing New Carlisle Municipal Utility to the I/N Tek plant
site .
SECTION 7 . The Town authorizes the County to assist in the
design and construction of this water system by: the advertising
for surveying, environmental studies, soil testing, water system
design, right-of-way acquisition and any other professional
service providers; aid in the overseeing and coordinating of
professional activities; aid in the securing of necessary State
and Federal approvals and permits; aid in the preparation of
necessary agreements, resolutions and ordinances needed for
funding the water system; aid in the preparation of construction
Plans and Specifications; aid in obtaining necessary right-of-way
by gift, fee or condemnation; aid in advertising and opening of
bids for construction of the proposed work; aid in entering into
necessary construction contracts; aid in the construction
inspection process which is to be handled by the town' s
contractors; aid in preparing Change Orders and Extra Work Orders
if necessary and if required; handle payments to contractors and
other services needed to complete the work .
SECTION 8. Upon completion of the water system by the
County, the water system and all necessary rights-of-way and
easements in connection with said water system shall be deeded by
the County to the Town. All maintenance of the system will at
that time be taken over by the Town of New Carlisle .
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8'711170`7
SECTION 9 . The County shall pay for the construction of the
needed roads, sewer systems and water system from monies received
from either grants and/or loans from the State of Indiana;
Federal Highways funds; proceeds from Tax Incremental Financing;
and other funds under County Control as may be necessary,
appropriate and available.
SECTION 10. The parties to this Agreement have the
authority to enter into this Agreement, pursuant to Indiana Code
36-1-7-1, et seq.
SECTION 11 . The County, City and Town shall each be
represented on a Board to be known as the Joint I/N Tek
Governmental Board, which shall administer the provisions of this
Agreement. This Board shall consist of the following three
members, or their representatives, namely:
A. The President of the Board of Commissioners of St .
Joseph County, who shall also be the President of
the Joint Board;
B. The Mayor of the City of South Bend; and,
C. The President of the Town Board of New Carlisle.
SECTION 12 . This Agreement shall be in full force and
effect from and after its approval by the South Bend Common
Council, Mayor of the City of South Bend, City of South Bend
Board of Public Works, St. Joseph County Council , St . Joseph
County Board of Commissioners, and the New Carlisle Town Board.
Executed copies of this Agreement shall be filed for public
inspection with the Clerk of the City of South Bend, St . Joseph
County Auditor and the Clerk-Treasurer of the Town of New
Carlisle .
SECTION 13 . The terms of this Agreement shall be for four
(4) years, but it may be terminated sooner than four (4) years by
unanimous agreement of the Joint I/N Tek Governmental Board, and
unanimous agreement of the respective legislative and executive
bodies of the County, City and Town.
SECTION 14. The Auditor and Treasurer of St . Joseph County
shall have the duty to receive, disburse and account for all
monies involved in the enterprise as set forth above .
SECTION 15. The County, City and Town shall each designate
such personnel, services and facilities as are necessary to carry
out this Agreement .
SECTION 16. The Joint Board shall by majority agreement
select the engineers and approve final design plans for each
project, except that :
A. The County shall have veto power over the
selection of engineers and final design plans for
all road projects .
B. The City shall have veto power over the selection
of engineers and final design plans for all sewer
projects.
C. The Town shall have veto power over the selection
of engineers and final design plans for all water
system projects .
SECTION 17. All bids for all projects shall be advertised,
accepted and awarded by the County through its Board of County
Commissioners .
3
. 8717707
SECTION 18. The County, City and Town each agree that they
will, on a timely basis, perform all actions necessary to
complete all terms of this Agreement .
SECTION 19 . If the State of Indiana fails to provide the
County with the adequate loans and grants to finance the projects
herein, this Agreement shall he null and void .
Approved this P-0- day of 1flcacy , 1987 .
ST. JOSEPH COUNTY COUNCIL CITY OF SOUTH BEND
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COMMON COUNCIL
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Phrlli D. - ankle , J t J`/ep/�T� Sege 'pre n�/
Phillip Y c
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dell Newburn Beverlie J. Bee
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lrry JTsi ski Eugegtia Braboy
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Henr J. K- Llt 'es Anil B . Puzzello
seph" A. Ha' do� Robert Taylor
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ver aard Thomas Zakrzew ,,i
H. Chris O g s� //
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Theodessa arles m Barco}(e
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q9.-.:e Mme Al Paszek
Earl L. Kime ohn teorde
ATTEST: 74, ,,,,,J7 [), (9,1„,.„.._ ATTEST: 7 "`"""`. '°u r"""r`_"-'"i-%
ST. JOSEPgI COUNTY AUD. SOUTH BEND CITY CLERK
BOARD OF COMMISSIONERS OF
ST. JOSEPH COUNTY CITY OF SOUTH BEND G
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Richard D. Ja nski, President Rog-r O. "Parent, Mayor
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J seph D. ZappU SOUTH BEND CITY CLERK
Richard L. Larrison
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ATTEST: 7) e-v�,.,L, (V ,( ,' pik-
ST. JOSEPH (COUNTY AUD.
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•
8717707
SOUTH BEND BOARD OF
PUBLIC WORKS TOWN BOARD OF NEW CARLISLE
dipphn Leszczyn'k , ' President Da I . Swage, . res . ent
.1:
Patricia E. DeClercq a vid Evelyn lark - �/z -`//
-u u it!e t..,
Michael L. nce Irving W' lhelm
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ATTEST: ✓ /i ii /I Q/
778_," &Lida_
An Holston
CLERK, SOUTH BEND Mart
BOARD OF PUBLIC WORKS F
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R. Merl Man()
ATTEST: 6>l lit./f7, %i'404
CLE K-TREASURER,
TOWN OF NEW CARLISLE
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