Delaware County 18-1

Jurisdictions: Delaware County, City of Muncie

Topic: Public safety complex

Date: 1984 December

Purpose: To provide for the financing, construction, management, operation, and maintenance of the planned Public Safety Complex.

Function: Public safety, Construction/operation of facilities

Type: Collaboration

Organization: Joint agreement. Governed by the Board of Directors of the Building Corporation and, also, by the Board of Supervisors of the Complex. (Pp. 1, 8) Joint supply: Both parties contribute to the funding of the complex and both will use it.

Duration: The original lease term or until the financing is amortized (at least 15 years), whichever is later, or until amended by mutual agreement. (Pp. 1, 2-3)

Services delivered: Parties agree to interface their computer systems, share communications equipment, purchase compatible dispatch equipment, and share a police parking area (specific numbers of parking spaces are allocated to each). (P. 12)

Financing: City and County will select an investment banking firm to act as underwriters. App. A describes duties of underwriter (construction, and other, costs are specified to be $11,897,184). Parties have selected a bond counsel (a firm is specified by name). App. B spells out duties of bond counsel. (P. 5 and Appendices)

After receipt of construction bids, Building Corporation ("BC") will authorize the issuance of bonds or participation certificates. Semi-annual lease-rental payments will be made by parties to retire this debt. (P. 6) Apportionment of lease payments spelled out on p. 7: City pays 25% of cost of construction for dedicated City space, 25% for commonly held areas, and 25% of the non-construction costs. County is responsible for remaining percentages. Other apportioned costs are: office furniture, communication equip., breathalyser equip., telephone systems, and computer related material. Additional rental payments will cover costs of managing, operating, and maintaining Complex; allocated 25% to City, 75% to County. (Pp. 8, 11) BC will pay County and City for land. (P. 15)

Administration: BC is formed as a not-for-profit corp. to acquire land, build and furnish facility, and to lease space to both parties. (P. 1) Board of Directors of BC: 5 members, 2 are City appointees, 3 are County appointees. Members are only reimbursed for expenses. In accordance with County tradition, no more than 3 members shall be affiliated with any one of the two traditional political parties of the US. (P.3) BC will accept contract with construction company that parties have already contracted with. (P. 5)

Initial occupants of Complex listed. (P. 5 and First Addendum) Parties reserve the right to expand/renovate their areas (but County jail may not be removed). (Pp. 5-6)

Board of Supervisors formed to oversee day to day operations of facility. This Board consists of 7 members, 3 City appointees, 4 County. At least 1 member shall be experienced in the building maintenance field. No member may serve on both Boards simultaneously. A majority vote shall control. (Pp. 8-9)

Property: Parties will attempt to negotiate a new agreement before this agreement expires. If parties are not able to, the value of City's dedicated and shared space will be assessed by 3 independent appraisers. County shall pay City the average of the 3 appraisals. (Pp. 13-14)

Termination: May occur only with the written consent of both parties. (P. 13)