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Home My WebLink AboutApproving Interlocal Cooperation Agreement between the City of South Bend & St Joseph Co IndianaORDINANCE NO. 7341 -84 Passed by the Common Council of the City of South Bend, Indiana May 29 , zq _84_ `e- /(— City Clerk IRENE K. GAMMON President of Common Council Presented by me to the Mayor of the City of South Bend, Ind'ana May 30, _19_84 City Clerk IRENE K. GAMMON Approved and signed by me T 4PY Mayor BILL NO. ORDINANCE NO. 73 Y/ - trY AN ORDINANCE APPROVING AN AMENDED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND ST. JOSEPH COUNTY, INDIANA, FOR CONSTRUCTION AND MAINTENANCE OF MAPLE ROAD AND THE EXTENSION OF WEST CALVERT STREET. STATEMENT OF PURPOSE AND INTENT: To approve an amended agreement for interlocal cooperation pursuant to Indiana Code, Title 36, Chapter 7, between the City of South Bend, Indiana, and St. Joseph County, Indiana, for the construction and maintenance of a roadway creating direct access from State Highway 23 to the site of an ethanol plant to be located within the City of South Bend, Indiana, and for construction of the extension of West Calvert Street. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. That the Amended Agreement for Interlocal Cooperation entered into between the City of South Bend, Indiana, and St. Joseph County, Indiana, on the 21st day of February, 1984, for the construction and maintenance of Maple Road and the extension of West Calvert Street is hereby approved. SECTION II. effect from and after of the Mayor. lsr PUBLIC �i�I 5-- a 4 . y 2nd itt�,u;.t _� G= NOT APP REFERRED PASSED . 2 9- g This Ordinance shall be in full force and its adoption by the Common Council and approval em r o the Com Council FILED IM CLERK'S OfFCE AMY 1 `a 1984 Irene Gammon CITY CLERK, SOUTH BEND, IND. RICHARD L. HILL CITY ATTORNEY THOMAS L. BODNAR CHIEF DEPUTY DAVID C. CHAPLEAU REGINA W. COSPER MARVA J. LEONARD JOHN M. MARNOCHA CAROLYN V. PFOTENHAUER ROBERT C. ROSENFELD EUGENIA S. SCHWARTZ CITY ®f SOUTH BEND ROGER O. PARENT, Mayor COUNTY-CITY BUILDING SOUTH BEND, INDIANA 46601 May 1, 1984 Members of the South Bend Common Council 4th Floor County -City Building South Bend, IN 46601 Re: Amended Interlocal Agreement Dear Council Members: 2191284-9241 The attached ordinance has been prepared pursuant to I.C. 36- 1 -7 -10 which requires that the Council approve any interlocal agreement between governmental entities. The proposed ordinance approves an amendment to the interlocal cooperation agreement between the City of South Bend and St. Joseph County for the construction and maintenance of Maple Road, an access road from State Highway 23 to the site of the ethanol plant by providing for the construction of an extension of West Calvert Street south of the ethanol plant property. The Council's signatures ment to the agreement. If you please contact me. RLH /clt on this document indicate their commit - have any questions on the ordinance, Sincerely, Richard L. Hill AN AGREEMENT BETWEEN THE CITY OF SOUTH BEND, INDIANA AND ST. JOSEPH COUNTY, INDIANA FOR CONSTRUCTION AND MAINTENANCE OF MAPLE ROAD AND WEST CALVERT STREET EXTENSION WHEREAS, the City of South Bend and St. Joseph County have entered into creative and affirmative partnership to take all necessary and proper actions possible to facilitate the location in the South Bend area of business and industry which would signifi " - cantly improve the economic climate of our area, increase the tax. base, provide employment opportunities, and serve as a magnet for other businesses and industry to locate here; and WHEREAS, as a result of this cooperative effort New Energy Company of Indiana has chosen a site in the southwest area of South Bend as the location for construction of a One Hundred Eighty Six Million Dollar ($186,000,000) ethanol plant; and WHEREAS, the site chosen by New Energy Corporation of Indiana currently lacks a direct access road to State Highway 23 and United States Highway 20 Bypass, and the commitment to build such a road was a necessary precondition for New Energy's selection of that southwest South Bend site over other sites outside of St. Joseph County; and WHEREAS, St. Joseph County wishes to take actions and make commitments necessary and proper to facilitate the building of the required access road; and WHEREAS, the site of the most convenient location for a direct access road to State Highway 23 and United States Highway 20 Bypass is located on land within St. Joseph County, primarily outside South Bend City limits; and WHEREAS, the City of South Bend wishes to take actions and make commitments necessary to facilitate the building and maintenance of said access road in order to insure safe and adequate access for the heavy traffic flow which the plant will generate; and WHEREAS, the City of South Bend has received from the United States Government a HUD Urban Development Action Grant to be used for certain on -site and off -site improvement costs incurred in conjunction with the location of the New Energy Company of Indiana ethanol plant within South Bend, including the costs involved in building a direct access road; and WHEREAS, the New Energy Corporation of Indiana ethanol plant :- ':.t.e is being located within an area known as Rum Village Industrial Park; and WHEREAS, the location of the ethanol plant within the industrial park serves as an incentive to related businesses to locate therein; and WHEREAS, the location of other businesses within the industrial park is dependent upon sufficient access to available sites; and WHEREAS, access to such sites can best be provided through the extension of West Calvert Street along the southern boundary of the industrial park; and WHEREAS, the southern half of the right -of -way for the extension of West Calvert Street is located on land in St. Joseph County and outside the South Bend City limits; and WHEREAS, St. Joseph County wishes to take actions and make commitments necessary and proper to facilitate the extension of West Calvert Street; and WHEREAS, the City of South Bend wishes to take actions and make commitments necessary to facilitate the extension and mainte- nance of West Calvert Street in order to provide access to available sites within Rum Village Industrial Park. NOW THEREFORE, it is mutually agreed as follows: 1. The City of South Bend, Indiana (City), and St. Joseph County, Indiana (County), jointly agree that a highway to be called Maple Road shall be constructed and maintained at a location from State Road 23 North in St. Joseph County to intersect with - alvert Street extension in the City of South Bend, which highway shall be of a length of approximately Three Thousand Five Hundred feet (3,500), the typical section for which shall be Forty feet (40) back -to -back with integral concrete curbs and Ten (10) plain concrete pavement. 2. The County authorizes the City to construct and maintain the new segment of road within St. Joseph County. -2- 3. The City shall secure the necessary right -of -way by gift, fee, or condemnation, shall secure permits and appropriations, and shall contract for the construction of the new Maple Road, including all necessary on -site soil stabilization. 4. The City shall install a 36" storm sewer at the site of 4nd prier to final construction of new Maple Road to collect water intercepted by or contributed from new Maple Road. Such sewer shall be constructed from State Road 23 northerly to the intersection of new Maple Road and Calvert Street. 5. The City shall maintain new Maple Road from and after the completion of construction, but in no event shall the maintenance contemplated by this Agreement continue to be an obligation of the City under this Agreement for more than Four (4) years from the date of this Agreement; provided, however, that the City agrees to annex the area, including the road, on or before the termination of this Four (4) year period, and County agrees not to'remonstrate against such annexation. 6. The City shall pay for the construction of new Maple Road from funds received from the United States Government as a HUD Urban Development Action Grant relating the the development of the New Energy Company of Indiana site, or its related appurtenances. 7. The County authorizes the City to construct and maintain an extension of West Calvert Stx *_et along the southern boundary of the Rum Village Industrial Park upon land which lies in St. Joseph County, outside the City limits of South Bend. 8. The parties to this Agreement have the authority to enter into this Agreement pursuant to Indiana Code, Title 36, Chapter 7, entitled "Interlocal Cooperation," and specifically Sections 36 -1 -7 -9 and 36- 1 -7 -10. 9. This Agreement supercedes the Interlocal Agreement between the City of South Indiana,.for construction October 9, 1981. 10. This Agreem, and after its approval by County Commissioners, and Bend, Indiana, and St. Joseph County, and maintenance of Maple Road, dated ant shall be in full force and effect from the South Bend Common Council, St. Joseph St. Joseph County Council, recordation in -3- the Office of the St. Joseph County Recorder, filing. with the Mayor of the City of South Bend, the St. Joseph County Auditor, and the Auditor of the State of Indiana. Approved this 4VA-day of 198{. 61 ST. JOSEPH COUNTY COMMISSIONSERS CITY OF SOUTH BEND FERRETIE r--CHARD JASINSKI ATTEST: IRENE K. GAMMON, CLERK, CITY OF SOUTH BEND ATTEST: APPROVED BY THE ST. JOSEPH COUNTY COUNCIL FEBRUARY 14, 1984, AS FOLLOWS: ST. JOSEPH COUNTY COUNCIL PT-TTT.T.TP T) _ APVT.*PV -4- C� EARL L. KIME ATTEST: �Z4 � �' � � JOHN T. L NTZ CHIEF DEPUTY MDITOR CITY OF SOUTH BOARD OF PUBLIC WORKS c� - , 4 z e� � �- N -E* L ESZCZ N I I rV RICHARD L. HILL MICHAEL L. VANCE ATTEST: LAEE ZC!L .Q�'1W`�Q..�i' SANDRA M. PARMERLEE, CLERK BOARD OF PUBLIC WORKS -5- CITY OF SOUTH BEND COMMON COUNCIL BEVERLIE J. BECK JOSEPH SERGE EUGENIA BRABOY ANN PUZZELLO ROBERT TAYLOR THOMAS ZAKRZEWSKI BEVERLY" AL PASZ EK�� JOHN VOORDE ATTEST: � CITY OF SOUTH BEND