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HomeMy WebLinkAboutCC-10-06-03-01 Dissolve Zoning SPONSORED BY: COUNCILOR SNYDER RESOLUTION NO. CC-10-06-03-01 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, CONCERNING PLANNING AND ZONING WHEREAS, Indiana Code 36-7-4-1200 et seq. provides for a township to join a municipality that has an advisory plan commission under certain circumstances; and, WHEREAS, the Town Plan Commission of the Town of Carmel, Indiana, under the date of January 28, 1960, considered a petition requesting joinder, forwarded by the Clay Township Trustee and the Clay Township Advisory Board, and being favorable to the petition, the Town Plan Commission recommended joinder to the Town of Carmel; and, WHEREAS, the Town Board of Trustees subsequently passed a resolution on August 9, 1960 ("Resolution"), setting forth the terms of the joinder; and, WHEREAS, said joinder was transferred to the City of Carmel, established January 1, 1976; and WHEREAS, since that time all planning and zoning activities for the City of Carmel ("City") and Clay Township ("Township") have been administered and funded jointly by the City and Township through the Carmel/Clay Board of Zoning Appeals, the Carmel/Clay Plan Commission, and the Department of Community Services; and WHEREAS, Indiana Code 36-7-4-1212 provides a statutory procedure for the withdrawal of a township from a joinder with a municipality, but is silent as to the procedure for the withdrawal of a municipality from such a joinder; and WHEREAS, inherent in, and as a necessary incident to, a municipality's power to enact ordinances and resolutions is the power to amend or repeal such ordinances and resolutions; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1: The Resolution adopted by the Board of Trustees of the Town of Carmel on August 9, 1960 is hereby repealed and rescinded effective January 1, 2004, subject to any rights vested by parties at that time. Section 2: With the repeal and recission of the Resolution, the composition and membership of Carmel Plan Commission will revert to the same advisory plan commission status as existed in 1960, prior to the joinder, with any changes statutorily required by the transfer of powers to the City of Carmel, established January 1, 1976. SPONSORED BY: COUNCILOR SNYDER Section 3: Section 4: Section 5: Section 6: Section 7: The 2004 budget of the City will reflect appropriate revenues and expenses to support the Department of Community Services and all planning and zoning functions necessary for the City. The City of Cannel, Indiana Code of Ordinances will be amended as necessary in accordance with the intent of this resolution. The Mayor is encouraged to work with the Council to see that all necessary legal and budgetary requirements are met prior to December 31, 2003, in order for the City to be prepared to assume sole jurisdiction on January 1, 2004. On behalf of the Council, the Clerk-Treasurer is ordered to notify the executive of the Township of this resolution. This resolution shall be in full force and effect from the date of passage and its publication, as provided by law. ~ PA~SED by the Common Council of the City of Carmel, Indiana this(~~cc- day of (~-h~',~ 2003 by a vote of L~ ayes and(~ . nays. COMMON COUNCIL FOR THE CITY OF CARMEL (.~e._es~ ~)fficer Robert Battreall Ronald E. Carter Diana L. Cordray, Clerk-T~asdrer Pr~j~t]_d by me to the/~MDa~yoAr of ,2003, at ~_~3~.m. SPONSORED BY: COUNCILOR SNYDER the City of Carmel, Indiana, the & day of Diana L. Cordray, C~ Approved by me, the Mayor of the City of Carmel, Indiana this __ ., 2003 at __ __ .m. day ofl James Brainard, Mayor ATTEST: Diana L. Cordray, Clerk-Treasurer Prepared By: Sue A. Beesley Bingham McHale LLP 10 W. Market Street Suite 2700 Indianapolis, Indiana 46204 799450 Resolution NO. CC-10-06-03-01. A Resolution of the Common Council of the Cit, of Carmel~ Indiana, Concerning ~Pl:~nnln~ and Zonlno. It has been confirmed through the city attorney's outside counsel that neither park impact fees nor the current zoning jurisdiction of the City of Carmel nor the collection of building permit fees will be negatively impacted by this Resolution. It also has been confirmed by counsel that if the agreement between the township and the city were to remain in place, the City of Carmel would appoint a super majority of Plan Commission members beginning in 2004. If this Resolution becomes final, however, it will cause a loss of township contract fees for the administration of our pl~anning and zoning laws. The cost of administration of the planning and zoning function that is not paid for by builders fees would then be borne entirely by the citizens of the City of Carmel even though residents who live in Clay Township outside the city limits are receiving benefits. Therefore, I am vetoing this Resolution.