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Home My WebLink AboutZoning Joinder Carmel/ClayORIGINA,. ZONING AGREEMENT CITY OF CARMEL, INDIAN& AND CLAY TOWNSHIP OF HAMILTON COUNTY 2000 THIS AGREEMENT, made and entered into by and between the City of Cannel, Indiana, hereinafter called "City", and Clay Township of Hamilton County, Indiana, heremaRer called '~Fownship '. WITNESSETH: WHEREAS, the City of Cannel and Clay Township on the 2rid day of May, 1961, ontored into an agreement heroinafter called the Joinder Agr~mont 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 Agr~ment, as amended, in combination with State statt~s, s~ts forth the number of Clay Township Plan Commission members based upon population to represent Clay Township, and WHEREAS, the parties agr~ that they are gov~med by the torms and provisions of the above-referenced Joinder Agreement, and WHEREAS, the parties agr~ that operation of the zoning law should be self supporting from f~ revenue and that fees will be adjusted by the City in the year following one in which expenses exce~l f~ raceme, and WHEREAS, in a preliminary discussion the City and Township made an estimat~ of anticipated expenses and income to be derived from the operation of the zoning law of the City for the year 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 Amotmt'~, which represents the budget for the total cost of operating the zoning law in 2000 CTotal Zoning Operations") and a copy of said budgets and Budgeted Amount am attached hereto as Exhibits "A" and "B", and, WHEREAS, the Township included within its budget for the year 2000, the sm 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 Cannel 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 accounted 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 Zcming 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 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 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 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 ~Y ~/'~y of fl//qV ,2000. Board of Public Works and Safety Mar~, Burke :illy~lker CITY OF CARMEL, inard, MZ~r Date: Diana L. Cordra~/ Date: 5 [ ~6-(j Approved: Date: ~-o~ Y'- oxc c,~ CLAY TOWNSHIP BOARD ~~.~ls,~/a~irman~~' CLAY TOWNSHIP Hamilton County, Indiana Clay Township Trustee Date: Rosrnary H~sel, Member U,~/"-24/'2U~U iZ: E49 31 Z5712410 CLERK TREASURER ;AGE 04 L1:16:21 1930323 STATE BOARD OF TAX COMMISSIONERS 2000 BUDGET REPORT FOR CARMEL CIVIL CITY 01-10-2000 R25 )101 GENERAL t41 CLERK-TREASURER (CITY/TOWN UNITS ONLY) :0000 Personal Services ..................... 275,730 ~Suuu supplies .............................. 11.300 ]0000 Other Services and Charges ............ 101.195 i0000 Capital Outlays ....................... 9,500 DEPARTMENT TOTAL )44 MAYOR [0000 Personal Services ..................... 206,600 ]0000 Supplies .............................. 6,000 ]0000 Other Services and Charges ............ 118,150 10000 Capital Outlays ....................... 7,500 397,72~ DEPARTMENT TOTAL 338.250 )69 CITY COUNCIL/TOWN BOARD (COMMON COUNCIL) [0000 Personal Services ..................... 97,146 a0000 Supplies .............................. 1,200 30000 Other Services and Charges ............ 1,186,054 10000 Capital Outlays ....................... 3,000 DEPARTMENT TOTAL ) 75 BOARD OF PUBL I C WORKS 10000 Personal Services ..................... 20000 Supplies .............................. 30000 Other Services and Charges ............ ~0000 Capital Outlays ....................... DEPARTMENT TOTAL ~79 PLAN COMMISSION 10000 Personal Services ..................... Z0000 Supplies .............................. 30000 Other Services and CharSes ............ 40000 Capital Outlays ....................... DEPARTMENT TOTAL i08 ADMINISTRATION 10000 Personal Services ..................... 20000 Supplies ................ , ............. 30000 Other Services and Charges ............ 40000 Capital Outlays ....................... DEPARTMENT TOTAL 1 155,950 29,400 5.04Z.902 118.650 5,346,902 61,010 2,350 143,575 4,700 2ii.635 460,780 20,400 234,050 150,400 86g',630 "EXHIBIT A" 83/24/'2888 12:e9 3i 75712418 CLERK TREASL~RER PAGE 1:16:21 930323 STATE BOARD OF T,~( COMMISSIONERS CARMEL CIVIL CITY 2000 BUDGET REPORT FOR 01-10-2000 R25 48 CITY/TOWN COURT (CITY JUDGE/jUDGE) 0000 Personal Services ..................... 0000 Supplies .............................. .O000 Other Services and Charges ............ 0000 Capital Outlays ....................... DEPARTMENT TOTAL :70 ATTORNEY (CORPORATE - CITY ATTY) ,0000 Personal Services ..................... :0000 Supplies .............................. i0000 Other Services and Charges ............ .0000 Capital Outlays ....................... DEPARTMENT TOTAL ~00 COMMUNITY SERVICES 0600 Personal Services ..................... :0000 Supplies .............................. i0000 Other Services and Charges ............ ;0000 Capital Outlays ....................... DEPARTMENT TOTAL ~03 CONNUNICATIONS DEPARTMENT (RADIO-PHONES- .O000 Personal Services ..................... :0000 Supplies .............................. ~0000 Other Services and Charges ............ ~0000 Capital Outlays ....................... DEPARTMENT TOTAL !62 FIRE DEPARTMENT ,0000 Personal Services ..................... ~0000 Supplies .............................. i0000 Other Services and Charges ............ t0000 Capltal Outlays ....................... DEPARTNENT TOTAL $70 POLICE DEPARTMENT (TOWN MARSHALL) .0000 Personal Services ..................... ]0000'Suppiles .............................. 10000 Other Services and Charges ............ {0000 Capital Outlays ........................ DEPARTNENT TOTAL TOTAL FUND 286 6 31 3 327 199 1 57 4 262 752 17 107 19 897 850 24 238 55 1,168 9,025 159 906 177 1'0,268 5.783 208 565 120 6",'~67e 28,051 ,566 ,000 ,464 ,900 ,930 .252 .000 ,967 ,500 .719 ,830 ,610 635 6OO ,665 ,272 .335 .370 ,750 ,727 ,870 ,147 ,482 .382 ,881 ,847 ,230 ,545 .769 ,39'i' .855 "EXHIBIT B" ~ G~ ~L TO~ ~'ST.. 1B'5'5 10701NorthCoUege · CLAY TowNsraP TRUSTEE Indianapolis, Indiana 46280-1089 · (317) 846-2773 Fax(317) 846-0744 April 27, 2000 The Honorable Diana L. Cordray Camel Clerk Treasurer 1 Civic Square Camel, 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 Coreract 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, ~7 Hag'a~n Jim Brainard Doug Callahan Steve Engelking Doug Haney