The URL can be used to link to this page

Home My WebLink AboutZoning Joinder Agreement Carmel/ClayCon-hr ,d 07 0 7. eg, ZONING AGREEMENT CITY OF CARMEL, INDIANA, AND CLAY TOWNSHIP OF HAMILTON COUNTY 1999 THIS AGREEMENT, made and entered into by and between the City of Carmel, Indiana, hereinafter referred to as City, and Clay Township of Hamilton County, Indiana, hereina~er referred to as Township. WITNESSETH: WHEREAS, the City of Carmel and Clay Township on the 2nd day of May, 1961, entered into an agreement hereinafier referred to as the Joinder Agreement by the terms of which the Clay Township was joined to the Town of Carmel for the purpose of zoning, among other things, and WHEREAS, the Joinder Agreement, as amended, in combination with State statutes, sets forth the number of Clay Township 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 Jointier Agreement, and 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 1999, and WHEREAS, the City has included within its budget for the year 1999, the sum of $190,311.65 for the Plan Commission and $809,269.62 for the Department of Community ZONING AGREEMENT PAGE 2 Service, totalling $999,582.00, which represents the budget and the total cost of operating the zoning law in 1999, (the "Budgeted Amount"). A copy of said budgets and Budgeted Amount are attached hereto as Exhibits "A" and "B " WHEREAS, the Township included within its budget for the year 1999, the sum of $399,833.00, which represents 40.0% of the preliminary estimate made for the cost of operating the zoning law in 1999, and NOW, THEREFORE, it is mutually agreed by and between the City and Township that: 1. Upon receipt of a claim from the City, based upon data compiled through November 30, 1999, setting forth the actual expenditures of the Budgeted Amount, less current fee revenue received by the City for operation of the Department of Community Services, Board of Zoning Appeals and Carmel Clay Township Plan Commission, and receipt' of income and budget expenditures as set forth in paragraph 3, the Township agrees to pay up to the sum of $399,833.00 unto the City on or before December 31, 1999. 2. The City of Carmel agrees to accept and use said funds to supplement other funds available for the payment of the Budgeted Amount for operation of the Carmel Clay Township Plan Commission, the Board of Zoning Appeals, and the Department of Community Services. 3. The City of Carmel agrees to furnish a complete statement as to income and budget expenditures for zoning monthly, within thirty (30) days of month end. Income and budget expenditures shall be in a format which can be reconciled to the Budgeted Amounts. All 1999 Budgeted Amounts appropriately encumbered by the City in 1999 and expended in 2000 shall be separately accounted for and treated as 1999 operating expense for purposes of this Contract. ZONING AGREEMENT PAGE 3 4. At the end of the year 1999, the total of all expenditures made in the year 1999 for the Budgeted Amount of zoning expenses shall be computed and from that amount. all income received by the City of Carmel in connection with the operation of the zoning laws of the City of Carmel shall be deducted and the Net Cost to the Taxpayers shall thereby be computed. If 40.0% of the Net Cost to Taxpayers for the year 1999 is more than the amount actually paid by the Township for zoning in 1999 (Amount Paid), then and in that event the difference between the Amount Paid and 40.0% of Net Cost to Taxpayers shall be computed and such difference, to the extent that the difference and the Amount Paid equal 40.0 % of the Budgeted Amount, shall be paid by the Township to the City. If 40.0% of the Net Cost to Taxpayers is less than the Amount Paid, then the difference shall be computed and the net difference shall be refunded to the Township in cash. In the event that the Net Cost to Taxpayers results in a surplus, then and in that event 40.0% of the surplus shall be paid to the Township in cash. Payments due pursuant to this paragraph shall be made promptly after the computation thereof, no later than June 15, 2000. In the event that the State Board of Accounts Audit of the City of Carmel 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 2000 and to assist the Township in its budgeting process, the City agrees to include the Township in its 1999 budget discussions and send to the Township copies of completed budgets as approved by the City Council for the Department of Community Services by September 1, 1999, and the final budgets as approved by the State Board of Accounts by January 10, 2000, or within thirty ZONING AGREEMENT PAGE 4 (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 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 competent jurisdiction in a valid judgment or decree, said constitutionality or invalidity shall not reflect 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. IN WITNESS WHEREOF, the City of Carreel 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 "7 day of ,) k,~i x,.' ,1999. ZONING AGREEMENT Bo~~fl~Cf Pub~ic W_,_~rks ~[nd Safet~ ATTEST: Clerk Treasurer Approved: Date: CLAY TOWNSHI~I~~d~ PAGE 5 CITY OF CARMEL, Hamilton Coumy, Indiana CLAY TOWNSHIP Hamilton Coumy, Indiana Clay Township Trustee Date: ~ t6~ I~;<;~ E X H I B I T "A" Prescribed by State Board of Aw, ounts BUDGET ESTIMATE FOR PLAN COMMISSION (Office, Board,Commission, Department) City of Carmd, Indiana For Calendar Year 1999 Items 410 PERSONAL SERVICES Salaries and Wages (100. 199) 100 Full Time Regular 110 Part Time 120 Overtime Employee Benefits (200.299) 200 De~erred Comp. & Benefits 210 221 220 230 240 250 255 260 265 Empioyer's Share of Social Sec. Disability Insurance Employer's Share of Health Ins. Employer's Share of PERF Medicare Clothing Allowance Unemployment Compensation Retirement Benefits - Full Time Retirement Benefits - Part Time Total Personal Services $30,299.04 $13,500.00 $2,000.00 $3,504.27 $300.00 $1,498.90 $2,584.44 420 SUPPLIES Office Supplies (300.309) 300 Official Forms 301 Stationery and Printed Materials 302 Office Supplies Operating Supplies (310-349) 3 10 Fuel Oil 311 Bottled Gas 312 Ice 3 13 Diesel Fuel 3 14 Gasoline 315 Oil 320 Tires and Tubes 321 Garage and Motor Supplies Maintenance Supplies (350-389) 350 Building Materials 360 Gravel 361 Sand 362 Cement 363 Bituminous Materials 364 Paint 365 Salt and Calcium 370 Repair Parts 380 Small Tools and Minor Equipment 389 Other Maintenance Supplies Miscellaneous Supplies (390-399) 390 Miscellaneous Supplies Total Supplies $500.00 $1,350.00 $500.00 Budget Form No. I GENERAL (Fund) Total Estimate Approved $45,799.04 $7,887.61 53.686.65 $1,850.00 $500.00 $2,350.00 430 OTHER SERVICES & CHARGES Professional Services (410419 ) 400 Legal Fees 401 Engineering Fees 402 Architectural Fees 403 Accotmting Fees 404 Consulting Fees 405 City Attorney 406 Recording Fees 407 Medical Fees 419 Other Professional Fees Communication & Transp. (420-449) 420 Postage 430 Travel 440 Telephone Line and Toll Charges 441 Cellular Phone Charges 442 Intemet Line Charges 445 FAX Line and Toll Charges Printing and Advertising (450-469) 450 Printing (Other than office supp.) 455 Publication of Legal Notices 460 Classified Ads 465 City Promotion Advertising Insurance (470479) 470 Workrnen's Compensation 475 General Insurance Utilities (480499) 480 Electricity 485 Water and Sewer 490 Gas Repairs and Mai~/tedance (500-519) 500 Equipment Repairs & Maint. 501 Building Repairs & Maintenance 502 Contracted Street Repaying 503 Contracted Street Striping 504 Contracted Grounds Maintenance 505 Contracted Radio Maintenance 506 Contracted Cleaning Services 509 Other Contraaed Services 510 Auto Repairs & Maintenance 511 Car Cleaning 515 Maintenance Contracts Rentals and Leases (520-539) 520 Hydrant Rental 525 Building Rental 526 Automobile Lease 527 Right-of-Way Lease 530 Equipment Rental and Lease Debt Service (540-549) 540 Principal 541 Interest 542 Paying Agent & Other Fees Other Services and Charges (550-599) 550 Jury Fees and Expenses 551 Promotional Funds 552 Subscriptions 553 Dues 560 Clothing Services Items ........ Total ........"' ........APprOv~d Estimate $5,250.00 $5,250.00 $63,000.00 $500.00 $8,000.00 $3,150.00 $34,150.00 $82,000.00 $1,500.00 $2,000.00 $75.00 $450.00 $37,300.00 $3,500.00 $525.00 $2,000.00 $2,000.00 $400.00 $1,400.00 $450.00 $1,150.00 430 Other Services & Charl, es fCont'd) Other Services and Charges (550-599) Cont'd 565 Clothing Services 570 575 576 580 581 582 583 584 585 586 587 588 590 595 Training Seminars Dog Pound Services Animal Services Assessment Fees Special Organization Donations Special Investigation Fees Other Fees and Licenses Refunds, Awards and Indemnifies Special Census and Election Fees Park Dept Joinder Fee Ham County Ecom Dvmt Fee Testing Fees Special Projects Petty Cash (Establishment only) Total Other Services Items Total Approved Estimate $1,250.00 $2,850.00 $129,575.00 440 CAPITAL OUTLAYS Land (600-609) 600 Land 605 Rights-of-Way Buildings (61 0-619) 610 Building & Building Improvements Improvements Other than Buildings (620-629) 620 Improvements 621 Traffic Light Improvements 622 Sidewalk Improvements 623 Draining ImprOvements 624 Trees 625 Improvements to 1st Ave. NW 626 Police Range Improvements 627 Sewer Improvements Equipment (630-699) 630 Furniture and Fixtures 63 1 Communications Equipment 632 Computer Equipment 635 Grounds Maintenance Equipment 636 Parks Equipment 640 Office Equipment 650 Motor Equipment 660 Street and Traffic Equipment 661 Street Lights 670 Other Equipment 690 Library Reference Material Total Capital Ou~ays $3,000.00 $200.00 .... TOtal_ Budget Estimate ...... We hereby certify that the foregoing is a true and fair estimate of the necessary expense of the for the calendar .year 1997 for the purposes therein specified. Dated this (F~x day of ~t~, ,199~. Mayor Clerk-Treasurer ~.f~ -/~- ~ Department Head ( % ~ President of Commission or Board 7 $750.00 '$750.00 4,700.00 190,311.65 $190,311.65 E X H I B I T "B" 9/9/98 Prescribed by State Board of Accounts BUDGET ESTIMATE FOR DEPARTMENT OF COMMUNITY SERVICES (Office, Board, Commission, Department) City of Camel, Indiana For Calendar Year 1999 Items 410 PERSONAL SERVICES Salaries and Wages (100-199) 100 Full Time Regular 110 Part Time 120 Overtime Employee Benefits (200-299) 200 Deferred Comp. & Benefits 210 220 221 230 240 250 255 260 265 Employer's Share of Social Sec. Employer's Share of Health hs. Disability Insurance Employer's Share of PERF Medicare Clothing Allowance Unemployment Compensation Retirement Benefits - Full Time Retirement Benefits - Part Time Total Personal Services $4.80,51 O. 0i::',_.._ $15,193.0C $24,960.0C $39,830.7C $43,603.3C: $3,900.(:,0 $40,437.6;: 410 SUPPLIES Office Supplies (300-309) 300 .Official Forms 301 Stationery and Printed Materials 302 Office Supplies Operating Supplies (310-349) 310 Fuel Oil 311 Bottled Gas 312 Ice 313 Diesel Fuel 314 Gasoline 315 Oil 320 Tires and Tubes 321 Garage and Motor Supplies Maintenance Supplies (350-389) 350 Building Materials 360 Gravel 361 Sand 362 Cement 363 Bituminous Materials 364 Paint 365 Salt and Calcium 370 Repair Parts 380 Small Tools and Minor Equipment 389 Other Maintenance Supplies Miscellaneous Supplies (390-399) 390 Miscellaneous Supplies Total Supplies $3,O00.OO $1,250.00 $3,750.00 $3,000.00 $160.00 $500.00 $150.00 $5O0.00 $2,0O0.00 $150.0O $900.00 Budget Form No. I GENERAL (Fund) Total Appro~ed Estimate $520,663.O0 $520,663.00 7.65% 8% $127,771.62 $127,771.62 $648,434.62 $8,000.00 $8,000.00 $3,810.00 $3,810.00 $3,550.00 $3,550.00 $2,250.00 $2,25O. 00 $2,250.00 $17,610.00 DOCS page 2 ~/9/98 450 OTHER SERVICES & CHARGES Professional Services (410-419 ) 400 Legal Fees 401 Engineering Fees 402 Architectural Fees 403 Accomajng Fees 404 Consulting Fees 405 City Attorney 406 Recording Fees 407 Medical Fees 419 Other Professional Fees Communication & Transp. (420-449) 420 Postage 430 Travel 440 Telephone Line and Toll Charges 441 Cellular Phone Charges 442 Interact Line Charges 445 FAX Line and Toll Charges Printing and Advertising (450-469) 450 Printing (Other than office supp.) 455 Publication of Legal Notices 460 Classified Ads 465 City Promotion Advertising Insurance (470-479 ) 470 Workmen's Compensation 475 General Insurance Utilities (480-499) 480 Electricity 485 Water and Sewer 490 Gas Repairs and Maintenance (500-519) 500 Equipment Repairs & Maint. 501 Building Repairs & Maintenance 502 Contracted Street Repaying 503 Contracted Street Striping 504 Contracted Grounds Maintenance 505 Contracted Radio Maintenance 506 Contracted Cleaning Services 509 Other Contracted Services 510 Auto Repairs & Maintenance 511 Car Cleaning 515 Maintenance Contracts Rentais and Leases (520-539) 520 Hydrant Rental 525 Building Rental 526 Automobile Lease 527 Right-of-Way Lease 530 Equipment Rental and Lease Debt Service (540-549) 540 Principal 541 Interest 542 Paying Agent & Other Fees Other Services and Charges (550-599) 550 Jury Fees and Expenses 551 Promotional Funds 552 Subscriptions 553 Dues 560 Clothing Services II ,: :'n s $25,u00.0:) $2,C $2,500.0(?___ $8,25o.0( $9,800.0( $3:,!5.00 $2,1LO.OC, $50:!.00 $2,2(.0.0(: $3,5 ';" 9.0 $2~j.00 $13,, ~.:: O.C:, ) $4,i*L'O.OL~ $1 $7,:. $21 ,, :30.(; ~7[ J.OL~ · i ,2L ').Oi?' .2,3L '~ ':~ 5 (:. ?. C; Total Estimate $27,600.00 $20,875.00 $2,650.00 $5,770.00 $0.00 $25,750.00 $21,700.00 $0.00 Approved $27,600.00 $20,875.00 $2,650.00 $5,770.00 $0.00 $25,750.00 $21,700.00 $0.00 DOGS page 3 9/9/98 430 Other Services & Char~es (Cont'd) Other Services and Charges (550-599'~ Cont'd 565 Clothing Services 570 .575 576 580 581 582 583 584 585 586 587 588 590 595 Training Seminars Dog Pound Services Animal Services · Assessment Fees Special Organization Donations Special Investigation Fees Other Fees and Licenses Refunds, Awards and Indenmities Special Census and Elec~ion Fees Park Dept Joinder Fee Ham County Ecom Dvmt Fee Testing Fees Special Projects Petty Cash (Establishment only) Total Other Services Total Estimate $16,280.00 Approved $16,280.00 $120,625.00 440 CAPITAL OUTLAYS Land (600-609) 600 Land 605 Rights-of-Way Buildings (610-619) 610 Building & Building Improvements Improvements Other than Buildings (620-629) 620 Improvem~tts 621 Traffic Light Improvements 622 Sidewalk Improvements 623 Draining Improvements 624 Trees 625 Improvemonts to 1 st Ave. NW 626 Police Range Improvements 627 Sewer Imp rovements Equipment (630-699) 630 Furniture and Fixtures 631 Communications Equipment 632 Computer Equipment 635 Grounds Maintenance Equipment 636 Parks Equipment 640 Office Equipment 650 Motor Equipment 660 Street and Traffic Equipment 661 Street Lights 670 Other Equipment 690 Library Reference Material Total Capital Outlays Total Budget Estimate $4,(:.: i I $E' t t .3~, ,, t, ) ,:- $0.00 $0.00 $11,500.00 $11,100.00 We hereby certify that the foregoing is a true a::d fair est/:na~..; . ,;; .,e nc:cessary expense of the for the calendar year 199g for the purposes the ,- 3in Datedthis ¢Pk dayof ,Cu~fF .199~,. Mayor ....... Clerk-Treasurer ....... ---~ nepartment Head President of Commission or Board $0.00 $0.00 $11,500.00 $11,100.00 $22,600.00 $809,269.62