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November 12, 2018

11/22/2008 5:39:00 PM
Can O' Worms #2

Can O' Worms #2

Speaking of vacating the Criminal Justice Center, regular readers are aware that the mayor's plan to relocate the Shelbyville Police Department has been ridiculed for several months in cartoons and articles on this site.

The simple fact remains that the mayor has failed to present a convincing argument for his plan.

Many citizens recollect that the original intent was for the Criminal Justice Center to become the permanent home of both the Shelby County Sheriff Department and the Shelbyville Police Department. Officials promised that a shared facility would benefit taxpayers.

The mayor's current plan to vacate the Criminal Justice Center, then buy and remodel a church for the police department, will create additional costs for both city and county taxpayers.

In addition, officials from both the city and the county appear to be interpreting the Criminal Justice Center joint occupancy agreement far different than its original intent. Their public silence on the issue is more than neglect, it's collusive.

A copy of the Shelbyville Police Facility Lease Agreement follows. What do you think?

SHELBYVILLE POLICE FACILITY LEASE AGREEMENT



THIS AGREEMENT, by and between the Board of Commissioners of Shelby County, Indiana, hereinafter referred to as "County", and being the Lessor, and the City of Shelbyville, Indiana, by and through the Mayor and Board of Works of said City, hereinafter referred to as "City", and being the Lessee, WITNESSETH as follows:

WHEREAS, the County has employed a design architect team consisting of Woolpert and Associates and Voinovich Companies to develop a plan for the design and construction of a law enforcement facility in which a new county jail secure facility shall be the major component and which shall also facilitate the housing of the administrative and investigative departments of the Shelby County Sheriff's Department and the Shelbyville City Police Department; and

WHEREAS, the design and construction plans for said facility have been developed and submitted to the County as Eighty percent (80%) complete for bidding by the design architect team in consultation with officials of the City of Shelbyville as it relates to the area of the facility plans designated as Shelbyville Police Department space and that space which will be shared between the Shelbyville Police Department and the County Sheriff; and

WHEREAS, the County by and through its County Council has adopted and imposed a County Economic Development Income Tax (EDIT) for the purpose of funding the jail and law enforcement facility and to utilize the full amount of revenue generated from the imposition of said tax requires the City Council of the City of Shelbyville to allocate that portion of the revenue from EDIT to which the City of Shelbyville is entitled to receive from the distribution formula provided by I.C. 6-3.5-7-12; and

WHEREAS, the City by and through its City Council has adopted an ordinance pledging to commit an amount equal to sixty percent (60%) of the City's portion of EDIT revenue generated each year to be utilized by the County to meet the bond issue payments necessary to pay for the construction of the law enforcement facility, provided, the City of Shelbyville Police Department shall be housed within the facility; and

WHEREAS, the County and City are desirous of formulating an occupancy agreement in which the County will continue the financing, design and construction of a sufficiently large enough facility to include the housing of the Shelbyville Police Department and for which the City will contribute towards the operational expense for the inclusion of the Shelbyville Police department within the facility.

NOW, THEREFORE, in consideration of mutual covenants by and between the City and County, the respective political subdivisions of the governmental entities do hereby agree and bind their respective governmental bodies as follows:

1. County shall construct a law enforcement facility, the primary components of which shall be a secure adult detention facility to house both males and females. Within the facility the County shall allocate and lease to the City for housing and use by the City's Police Department allocated space consisting of no less than Ten Thousand square feet (10,000 sq. ft.) consisting of Seven Thousand Two Hundred Thirty-Nine square feet (7,239 sq. ft.) of planned space and approximately Two Thousand Eight Hundred square feet (2,800 sq. ft.) of anticipated expansion space. In addition, the County shall maintain within the construction that area designated as shared usage space between the Police Department and the County Sheriff's Department as being an area of approximately Eight Thousand Nine Hundred square feet (8,900 sq. ft.) which area the County hereby leases to the City as shared space usage.

2. During the design and construction phases of the facility, the City shall be consulted and permitted to participate in the planning, design, space, lay-out, interior decorating and decorum, equipment, furniture and fixture choices with respect to that portion of the facility which will be utilized to house the Shelbyville City Police Department.

3. County shall design and construct parking accommodations for the facility. City shall be allocated parking spaces in a separately designated area over which the City shall have control of its usage. Said allocation of parking spaces shall be segregated from the parking area allocated for the Sheriff's Department. The number of allocated spaces shall be agreed upon between the Chief of Police, Shelby County Sheriff and the Design Team in a manner consistent with the overall building design. County shall initially during construction complete the landscaping, parking area, and general site improvements. Upon occupancy, the County Commissioners shall be responsible for maintenance, repairs and upkeep of their respective allocated parking areas including pavement, curbs, barriers, sidewalks and landscaping. Those repairs and upkeep in the area allocated for City usage shall be done in consultation with the City and City shall be responsible for paying the costs of the repairs and maintenance attributable to the area of the City usage.

4. As part of the developmental design of the facility, County and City agree that certain areas of common usage should be shared between the governmental departments - Shelby County Sheriff and Shelbyville City Police - those areas of commonality are the radio and dispatching room and the visitors entrance and lobby, staff locker and fitness areas, and personnel lounge facility. The County shall be responsible for the maintenance, janitorial, upkeep, repairs and utilities for the shared area. The City agrees to reimburse County for one-half (1/2) of those expenses attributable to maintenance, janitorial, upkeep, repairs, and utilities for the shared areas. The allocation of utility use shall be determined as provided in paragraph #6. Any changes, alterations, modifications or additions made to the space shared between the two (2) departments after acceptance of the building and occupancy by the two units of government as it relates to building lay-out, decorating, floor covering, fixtures, equipment and fixed furniture replacements shall be the responsibility of the County in consultation with the City and for which each of the units of government shall be responsible for paying one-half (1/2) of the cost of any expense incurred as it relates to the shared space.

5. Upon occupancy, City shall be solely responsible for all inside maintenance, upkeep, repairs, and janitorial requirements for that portion of the building occupied by the Shelbyville Police Department. Such care and maintenance shall include all electrical, plumbing, heating and cooling systems provided the interrupted service is the result of a fault or breakage within a system directly serving the police department's allocated area. During the City's occupancy, all changes, alterations, modifications or additions of building lay-out, decorating, floor covering, fixtures, equipment and fixed furniture replacements, including all improvements to the expansion space area designated for Shelbyville Police Department usage made after acceptance of the building and occupancy by the City shall be at the total expense of the City after having first obtained the approval of the County and also the Shelby County Jail Building Corporation so long as the Building Corporation is the owner of the building which shall be until the debt and all bonds evidencing the indebtedness are retired.

6. City shall be responsible for payment of all utilities provided to that portion of the facility which is occupied by the police department. Those utilities for which separate metering of usage, if possible, may be accomplished shall be directly billed to the City. For those utilities which construction requires to be provided through one system for the facility, a qualified and agreed upon engineer expert shall determine the percentage of the total usage attributable to the Police Department's area of usage and the shared area of usage. Such allocation shall be used to determine the percentage of the utility expense incurred by the Police department and shall be paid by the City. Such allocation shall be projected in anticipation of budget preparations for a period of one (1) year and which the City shall pay to the County in twelve (12) equal monthly installments in the same manner as City claims are normally paid. In the event any substantial increases or decreases should occur during the year an adjustment shall be negotiated on the actual usage and expense.

7. County shall direct as part of the design and construction a proposal for inclusion of radio dispatch equipment and telecommunications systems for the total building. Both units of government shall utilize their respective systems of equipment within the facility to reduce the total cost of the pre-occupancy cost of the total project. The maintenance, repair and upkeep of each department's respective radio and telecommunication system shall be the responsibility of each department's respective unit of government.

8. County shall be responsible for all outside and structural upkeep, repairs, and landscaping maintenance for the facility. Both inside and outside structural modifications within the area designated for the Shelbyville Police Department shall be paid by and be the obligation of the City. Any structural modifications shall require the approval of the Board of Commissioners prior to the commencement of any changes.

9. County shall and are the owner of the facility and shall maintain fire, casualty, and liability insurance on said facility as it relates to the usage of the facility. City shall be responsible and liable for any damages sustained in its portion of the facility which are attributable to the manner of usage and care and maintenance provided by the police department and the City. The County shall require the successful carrier to allocate the cost of the insurance coverage in such a manner that cost figures may be determined for those areas occupied by the Shelbyville Police Department and the shared areas or the building as two (2) separate parts of the insurance package. The City shall be responsible to reimburse the County for that portion attributable to the Shelbyville Police Department and one-half (1/2) of that portion attributable to the shared area of the facility.

10. City, so long as the EDIT tax remains in full force and effect as a partial funding mechanism for the facility, shall continue to contribute to the County sixty percent (60%) of its share of its share of distribution from the EDIT revenues until all bond payments mature or until the bond issue is paid whichever occurs sooner, County shall use said revenue solely for the purpose of making the bond payments in such a manner as to reduce the portions of the bond payment supported by property tax revenues.

11. County and City by and through their respective governing bodies and units shall upon full satisfaction of the bond issue of the County to pay for the facility shall negotiate an appropriate continuing occupancy agreement which shall include a reasonable share of reimbursement to the County from the City for the outside maintenance costs and provide for any necessary growth to the facility.

ADOPTED AND APPROVED by the Board of Works of the City of Shelbyville, Indiana, in open session this 21 day of April, 1992.

Robert E. Williams, Mayor

Norman G. Murnan, Board Member

Dennis Cox, Board Member

ATTEST: Frank M. Zerr, Clerk-Treasurer, City of Shelbyville

Kenneth Nigh, Commissioner

ATTEST: Janet J. Miller, Auditor, County of Shelby

ADDENDUM TO SHELBYVILLE POLICE FACILITY AGREEMENT

The following provision is hereby added to the Shelbyville Police Facility Lease Agreement as section 12 and shall have the same force and effect as if the same was part of the original signed agreement.

12. All parties hereto agree, covenant, and consent that any and all controversies or claims arising out of or in any way relating to this contract or any other breach of this agreement shall be settled solely by arbitration and in accordance with the applicable rules of the American Arbitration Association then in effect, and that judgment upon the award rendered by the arbitrators be entered in and enforceable by any court of competent jurisdiction. Provided further that all parties to this agreement hereby covenant and agree that they, and each of them, shall submit to and be bound by the decision of a three-person arbitration panel of arbitrators in accordance with the American Arbitration Association's rule for appointment of such panels. In accordance with the rules and provisions of the American Arbitration Association, all parties hereto specifically agree that any and all arbitration proceedings arising hereunder shall be held in Shelby County. Section 5 of the agreement is more specifically classified to be that wherein the City shall be responsible for the care and maintenance of the electrical, plumbing, heating and cooling systems within the area designated for the Shelbyville Police Department, the City shall maintain and repair those items including but not limited to the lighting fixtures, switches, sockets, labortory (sic) wiring, restroom fixtures, door hinges and frames, glass breakage windows. All major electrical, plumbing, heating and cooling systems which requires structural intrusion for repairs and maintenance shall be preformed (sic) under the County supervision.

ADOPTED AND APPROVED by the Board of Works of the City of Shelbyville, Indiana, in open session this 21st day of April, 1992.

Robert E. Williams, Mayor

Norman G. Murnan, Board Member

Dennis Cox, Board Member

ATTEST: Frank M. Zerr, Clerk-Treasurer

ADOPTED AND APPROVED by the Board of Commissioners of the County of Shelbym Indiana, in open session this 4th day of May, 1992.

Maurice Leap, President

David Mohr, Commissioner





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