Loading...
HomeMy WebLinkAboutZoning Agreement 2001ORIGINAL ZONING AGREEMENT CITY OF CARMEL, INDIANA, AND CLAY TOWNSHIP OF HAMILTON COUNTY 2001 THIS AGREEMENT, made and entered into by and between the City of Carmel, Indiana, hereinafier called "City", and Clay Township of Hamilton County, Indiana, hereinafter called "Township". WITNESSETH: WHEREAS, the City of Carmel and Clay Township on the 2nd day of May, 1961, entered into an agreement hereinafier called the Joinder Agreemere by the terms of which Clay Township was joined to the Town of Carmel for the purpose of zoning, among other things, and WItEREAS, the Joinder Agreement, as amended, in combination with State statutes, sets forth the number of Clay Tomhip Plan Commission members based upon population to represent Clay Township, and WHEREAS, the parties agree that they are governed by the terms and provisions of the above-referenced Joinder Agreement, and WHEREAS, the parties agree that operation of the zoning law should be self supporting fi'om fee revenue and that fees will be adjusted by the City in the year following one in which expenses exceed fee income, and ZONING AGREEMENT 2001 2 WHEREAS, in a preliminary discussion the City and Township made an estimate of anticipated expenses and income to be derived from the operation of the zoning law of the City for the year 2001, and WHEREAS, the City has included within its budget for the year 2001, the sum of $215,010 for the Plan Commission/BZA and $1,258,188 for the Departmere of Community Services, totaling $1,473, 198 (the "Budgeted Amount"), which represents the budget for the total cost of operating the zoning law in 2001("Total Zoning Operations") and a copy of said budgets and Budgeted Amount are attached hereto as Exhibits "A" and "B' respectively, and, WHEREAS, the Township included within its budget for the year 2001, the sum of $100,000 to cover the township share of any shortfall in fee revenue in 2001. 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 fi'om the Budgeted Amount through November 30, 2001, less fee revenue received by the City through November 30, 2001 for Total Zoning Operations the Township agrees to pay 39.4% of the Total Zoning Operations expenses outstanding to the City on or before December 31, 2000. The percentage is based on the Township's 1999 (pay 2000) assessed valuation compared to the City's 1999 (pay 2000) assessed valuation as they relate to the total of the two. ZONING AGREEMENT 2001 3 2. The City of Carmel agrees to furnish to the Township a monthly statement of zoning income. 3. All 2001 Budgeted Amounts appropriately encumbered by the City in 2001 and expended in 2002 shall be separately accounted for and treated as 2001operating expense for purposes of this Contract. 4. At the end of the year 2001, the Budgeted Amount shall be reconciled as to fee income and expenses for Total Zoning Operations. If fee revenue has not covered operating expenses, then the Township will pay 39.4% of the outstanding balance after reconciliation. If the above calculation results in a surplus of fee revenue, then 39.4% of the surplus shall be paid to the Township. Payments due pursuant to this paragraph shall be made no later than February 15, 2002. 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 of the Audit Report. 5. In anticipation of a Zoning Agreement between the City and the Township in 2002 and to assist the Township in its budgeting process, the City agrees to include the Township in its 2002 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, 2001, and the final budgets as approved by the State Board of Accounts by January 10, 2002, or within thirty (30) days after receipt of final ZONING AGREEMENT 2001 4 budget approval. All budget meetings shall take place at a location muttally 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 therein. 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 competem 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 2001 5 1N WITNESS WHEREOF, the City of Carmel and Clay Township by and through their duly elected, qualified, and acting officials, have hereunto caused their names to be affixed and their seals to be affixed as of the '~/~ day of (-/U-oh-t/'. , 2001. BOARD OF PUBLIC WORKS AND SAFETY Mary Burke Billy alker Date: ff 7- ~ ' Dj~' Approved: Date: ~ 4. ,~.oo / CLAY TOWNSHIP BOARD Mary Eckar~TGember CITY OF CARMEL, Hamilton County, Indiana ~es Brainard, Mayor Date: -S-Ol CLAY TOWNSHIP Hamilton County, Indiana aga~P-"/J4~ ,,,,_ Clay Township Trustee Date: {a - 5/-o i U.ILL,~, O i. "EXHIBIT A" "EXHIBIT B"