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HomeMy WebLinkAboutJoinder - ZoningZONING AGREEMENT CITY OF CARMEL, INDIAN& AND CLAY TOWNSHIP OF HAMILTON COUNTY 2000 O ISINAL THIS AGREEMENT, made and entered into by and between the City of Cannel, Indiana, heremafter called "City", and Clay Township of Hamilton County, Indiana, hereinafter called 'Township ". WITNESSETH: WHEREAS, the City of Cannel and Clay Township on the 2nd day of May, 1961, ontored into an agr~ment hereinafmr called the Joinder Agreement by the terms of which Clay Township was joined to the Town of Cannel for the purpose of zoning, among other things, and WHEREAS, the Joinder Agro~mont, as amonded, in combination with Stm statutes, sots forth the number of Clay Township Plan Commission members based upon population to ropresont Clay Township, and WHEREAS, the parties agre~ that they are gov~med by the t~rms and provisions of the above-referonced Joinder Agreement, and WHEREAS, the parties agr~ that operation of the zoning law should bo self supporting from f~ revonue and that fe~s will be adjusteA by the City in the y~r following one in which expenses exc~i fe~ income, and WHEREAS, in a preliminary discussion the City and Township made an estima~ of anticipated exponses and income to bo derived from the operation of the zoning law of the City for the y~r 2000, and WHEREAS, the City has included within its budget for the year 2000, the sum of $211,635 for the Plan Commission/BZA and $897,665 for the Department of Community ZONING AGREEMENT 2000 2 Services, totaling $1,109,300 (the "Budgeted Amount'~, which represents the budget for the total cost of operating the zoning law in 2000 C~Fotal Zoning Operations") and a copy of said budgets and Budgeted Amount are attached hereto as Exhibits "A" and "B", and, WHEREAS, the Township included within its budget for the year 2000, the sum of $193,720 to cover the township share of any shortfall in fee revenue in 2000. NOW THEREFORE, it is mutually agreed between the City and Township that: 1. Upon receipt of a claim from the City setting forth the actual expenditures from the Budgeted Amount through November 30, 2000, less fee revenue received by the City through November 30, 2000 for Total Zoning Operations the Township agrees to pay 38.6% of the Total Zoning Operations expenses outstanding to the City on or before December 31, 2000. The percentage is based on the Township' s 1998 (pay 1999) assessed valuation compared to the City' s 1998 (pay 1999) assessed valuation as they relate to the total of the two. 2. The City of Carmel agrees to furnish to the Township a monthly statement of zoning income. 3. All 2000 Budgeted Amounts appropriately encumbered by the City in 2000 and expended in 2001 shall be separately accotmted for and treated as 2000 operating expense for purposes of this Contract. 4. At the end of the year 2000, the Budgeted Amount shall be reconciled as to fee income and expenses for Total Z~ing Operations. If fee revenue has not covered operating expenses, then the Township will pay 38.6% of the outstanding balance after reconciliation. If the above calculation results in a surplus of fee revenue, then 38.6% of the surplus shall be paid to the Township. Payments due pursuant to this paragraph shall be made no later than February 15, 2001. In the event that the State Board of Accounts Audit of the City of Cannel requires an adjustment of the above computations, the Township or the City will remit any amounts due as a result of the audit within thirty (30) days of receipt ofthe Audit Report. ZONING AGREEMENT 2000 3 5. In anticipation of a Zoning Agreement between the City and the Township in 2001 and to assist the Township in its budgeting process, the City agrees to include the Township in its 2001 budget discussions and send to the Township copies of completed budgets as approved by the City Council for the Plan Commission/BZA and Department of Community Services by September 1, 2000, and the final budgets as approved by the State Board of Accounts by January 10, 2001, or within thirty (30) days after receipt of final budget approval. All budget meetings shall take place at a location mutually agreeable to the parties. 6. The parties agree that all requests for payments and/or adjustments to payments pursuant to this Zoning Contract shall be placed upon a form approved by the Indiana State Board of Accounts and certified according to Indiana Statute with respect to the amount contained thereto. 7. It is the intention of the parties that the sections, paragraphs, sentences, clauses, and phrases of this agreement are severable, and if any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any Court of competent jurisdiction in a valid judgment or decree, said constitutionality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, clauses, or phrases of this agreement since the same would have been enacted without the incorporation unto this agreement of such unconstitutional or invalid section, paragraph, sentence, clause or phrase. 8. The Mayor shall select and appoint the chief administrator of the department or departments administering or expending the funds to be paid and spent according to this agreement, upon consultation with the Township Trustee and the Township Board. ZONING AGREEMENT 2000 4 1N WITNESS WHEREOF, the City of Carreel and Clay Township by and through their duly elected, qualified, and acting officials, have hereunto caused theft names to be affixed and their seals to be affixed as of the -3 ~/~]= day of A//gfV ,2000. Board of Public Works and Safety Man Burke CITY OF CARMEL, ~ r Date: Approved: Date: ~-~ CLAY TOWNSHIP BOARD CLAY TOWNSHIP Hamilton County, Indiana Hagan Clay Township Trustee Date: ~/- -~ V'-- Rosmary I~2sel, Member tg,~/:Z4/'2UUU Iz: ~1'9 31.75712410 CLERK TREASURER PAGE 04 L1:16:21 ~930323 STATE BOARD OF TAX COMNISSIONF. RS 2000 BUDGET REPORT FOR CARNEL CIVIL CITY 01-10-2000 R25 ) 101 GENERAL ) 41 CLERK-TREASURER ( CITY/TOW?4 UNITS ONLY ) :0000 Personal Services ..................... 275,730 ,,90oo supplies .............................. 1 ].. 300 30000 Other Services and Charges ............ 101,195 t0000 Capital Outlays ....................... 9,500 DEPARTMENT TOTAL 397,72~ )44 NAYOR LO000 Personal Services ..................... Z06,600 20000 Supplies .............................. 6,000 ~0000 Other Services and Charges ............ 118,150 10000 Capital Outlays ..................... '.. 7,500 DEPARTMENT TOTAL 338,250 ]69 CITY COUNCIL/TOWN BOARD (CONNON COUNCIL) [0000 Personal Services ..................... 97,146 ~0000 Supplies .............................. 1,200 ~0000 Other Services and Charges ............ 1,186,054 10000 Capital Outlays ....................... 3,000 DEPARTMENT TOTAL )75 BOARD OF PUBLIC WORKS 10000 Personal Services ..................... 20000 Supplies .............................. 30000 Other Services and Charges ............ ~0000 Capital Outlays ....................... DEPARTNENT TOTAL 979 PLAN CONNISSION I0000 Personal Services ..................... 10000 Supplies .............................. 30000 Other Services and Charges ............ 40000 Capital Outlays ....................... DEPARTMENT TOTAL i08 ADMINISTRATION 10000 Personal Services ..................... 20000 Supplies .............................. 30000 Other Services and Charges ............ 40000 Capital Outlays ....................... DEPARTMENT TOTAL 1 ,z87"~'460 155,950 29,400 5,042,902 118,650 "5,346,902 61,010 2,350 143,575 4,700 2ii,635 460,780 Z0,400 234,050 150,400 SS'S". 630 "EXHIBIT A" 83/24/2B88 12:~9 31757i241e, CLERK TR~ASLI~ER ~AGE ~5 1:16:21 930323 STATE BOARD OF TAX COMMISSIONERS 2000 BUDGET REPORT FOR CARMEL CIVIL CITY 01-10-~000 R25 48 CITY/TOWN COURT (CITY JUDGE/JUDGE) 0000 Personal Services ..................... 286,566 0000 Supplies .............................. 6,000 .O000 Other Services and Charges ............ 310464 0000 Capital Outlays ....................... 3,900 327, DEPARTMENT TOTAL 930 :70 ATTORNEY (CORPORATE - CITY ATTY) .0000 Personal Services ..................... 199.252 :0000 Supplies .............................. 1,000 i0000 Other Services and Charges ............ 57,967 .0000 Capital Outlays ....................... 4,500 DEPARTKENT TOTAL 262.719 !00 CONNUNITY SERVICES 0000 Personal Services ..................... 752,830 :0000 Supplies .............................. 17,610 i0000 Other Services and Charges ............ 107,625 ;0000 Capital Outlays ....................... 19,600 897, DEPAR'rMENT TOTAL 665 I03 COMMUNICATIONS DEPARTMENT (RADIO-PHONES- .0000 Personal Services ..................... 850,272 :0000 Suppiles .............................. 24,335 ~0000 Other Servlces and Charges ............ 238,370 ;0O00 Capital Outlays ....................... 55,750 DEPARTMENT TOTAL !62 FIRE DEPARTMENT ,0000 Personal Services ..................... :0000 Supplies .............................. ~0000 Other Services and Charges ............ 10000 Capital Outlays ....................... DEPARTNENT TOTAL ~70 POLICE DEPARTMENT (TOWN MARSHALL) .0000 Personal Servlces ..................... ~0000'Supplies .............................. ~0000 Other Services and Charges ............ {0000 Capital Outlays ........................ DEPARTMENT TOTAL TOTAL FUND 1,168,727 9,025,870 159,147 906,482 177,382 10.268,88i 5.783,847 208,230 565.545 120,769 6','678,39'i 28,051.855 "EXHIBIT B" 'F 4~/ ~T B'~ 10701NorthCoBege C A¥ TowNsraP Indianapolis, Indiana 46280-1089 · (317) 846-2773 Fax(317) 846-0744 April 27, 2O0O The Honorable Diana L. Cordray Carmel Clerk Treasurer 1 Civic Square Cannel, IN 46032 Re: 2000 Township Contracts Dear Diana, Please place the 2000 Township Fire Contract and 2000 Township Zoning Contract on the Board of Works agenda for Wednesday, May 3. Enclosed are 7 copies each of the Fire Contract and Zoning Contract for 2000. I will bring the 2 originals signed by the Township Board for BPW signatures on the day of the meeting. Please let me know if anything else is necessary on my part for the May 3 meeting. Sincerely, ~.~ Hag~a~n Cc~ Jim Brainard Doug Callahan Steve Engelking Doug Haney