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Home My WebLink About Zoning Joinder Carmel/Clay2002 DOCS Agreement Page I ORIGINAL ZONING AGREEMENT CITY OF CARMEL, INDIANA, AND CLAY TOWNSHIP OF HAMILTON COUNTY 2002 APPROVED, AS 1'0 FORM BY: THIS AGREEMENT, made and entered into by and between the City of Carmel Indiana, hereinaf[er called "City", and Clay Township of Hamilton County, Indiana, hereinatter called "Township". WITNESSETH: WHEREAS, the City of Carmel and Clay Township on the 2nd day of May, 196t, entered into an agreement hereinafter called the Joinder Agreement by the terms of which 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 numbor of Clay Township Plan Commission members based upon population to represent Clay Township, and WHEREAS, the parties agree that they are governed by thc terms and provisions of the above-referenced Joinder Agreement, and WHEREAS, the parties agree that operation of the zoning law should be self supporting from 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 he derived from the operation of the zonin4~ taw of the City for the year 2002, and WHEREAS, the City has included within its budget for the year 2002, the sum of $220,447 for the Plan Commission/BZA and $1,483,178 for the Department of Co~mnity Services, totaling $1,703,625 (the "Budgeted Amount"), which represents the budget for the total cost of operating the zoning law in 2002 ("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 2002, the sum of $100,000 to cover the township share of any shortfall in fee revenue in 2002. 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, 2002, less fee revenue received by the City through November 30, 2002 for Total Zoning Operations the Township agrees to pay 39.1% of the Total Zoning Operations expenses omstanding to the City on or before December 31, 2002. The percentage is based on the Township's 2000 (pay 2001) assessed valuation compared to the City's 2000 (pay 2001) assessed valuation as they relate to the total of the two. The 2000 (pay 2001) assessed valuation of the Township outside the corporate limits is $463,305,209 or 39.1% of the total assessed valuation of the ZONING AGREEMENT2001 3 Township. The 2000 (pay 2001) assessed valuation of the City is $721,605,695 or 60.9% of the total assessed vaiuatiom 2. The City of Carmel agrees to furnish to the Township a monthly statement of zoning income. 3. All 2002 Budgeted Amounts appropriately encumbered by the City in 2002 and expended in 2003 shall be separately accounted for and treated as 2002 opemtin4g expense for purposes of this Contract. 4. At the end of the year 2002, the Budgeted Amount shall he reconciled as to fee income and expenses for Total Zoning Operations. If fee revenue has not covered operating expenses, then the Township will pay 39.1% of the outstanding balance after reconciliation. If the above calculation results in a surplus of fee revenue, then 39.1% of the surplus shall he paid to the Township. Paymems due pursuant to this paragraph shall he made no later than February 15, 2003. 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 2003 and to assist the Township in its budgeting process, the City agrees to include the Township in its 2003 budget discussions and send to the Township copies of completed budgets as approved by the City Council for the Plan CommissiorffBZA and Department of Community Services by September 1, 2002, and the final budgets as approved by the State ZONING AGREEMENT 2001 4 Board of Aecounts by January I0, 2003, 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 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 agrecment 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 IN 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 he affixed and their seals to he affixed as ofthe 2t5'4/' dayof ]~/[JrCh ,2002. BOARD OF PUBLIC WORKS AND SAFETY Biltyff?alker Approved: Date: CLAY TOWNSI-~'"~ARD ~ Mary Eckard,tChairman CITY OF CARMEL, Hamer.' on County, In~dia~ 3fames Bra nard, Mayor Date: ~t_/_ C~_~ CLAY TOWNSHIP Hamilton County, Indiana Jud'~h F. Hagan ~ Clay Township Trustee Date: ~. - & ~ -o ~.~ Ros _n3ary Hensel, Secrg/ary CC~arl S. ~dls, Member "EXHIBIT A' STB BUDGET PROGRAM CERTIFIED APPROPRIATIONS FOR YEAR ENDING 2002 2930323 CARMEL CIVIL CITY 0101 GENERAL 0041 CLERK-TREASURER (CITY/TOWN UNITS ONLY) 10000 Per~nal Se~l~S 20000 Supplies 30000 O~r Se~i~s & Charges 40000 Capi~l Outlay Department Total 0044 MAYOR 10000 Pe~nal Se~i~s 20000 Supplies 30000 Other Se~i~s & Charges 40000 Capital Outlay Depau;..ent Total 0069 CITY COUNCIL/TOWN BOARD (COMMON COUNt 10000 Personal Se~i~s 20000 Supplies 30000 Ot~ Se~i~s & Charges 40000 Capital Outlay 0075 BOARD OF PUBLIC WORKS 10000 Pem~l Se~i~s 20000 Supplies 30000 Other Se~i~s & Charges 400(X) Capital Outlay Depa, t,~ent Total Department Total Department Total 0079 PLAN COMMISSION 10000 Pe~nal Se~i~s 20000 Suppli~ 30000 Ot~r Se~i~s & Char~s 40000 Capital Outlay 0108 ADMINISTRATION 10000 P~nal Se~i~s 20000 Supplies 30000 Ot~ Se~i~s & Charges 40000 Capi~l Outlay Department Total 0248 CITY/TOWN COURT (CITY JUDGE/JUDGE) 10000 Peril Se~i~s 20000 Supplies 30000 Other Se~ic~s & Charges 40000 Capital Outlay Depa,[, .,ant Total Appropd~flona 370,600 15,200 132,595 23~000 541,395 335,838 5,700 154,400 3~350 499,288 110,328 1,200 1,770,080 1~000 1,882,588 63,800 0 2,679,000 0 2,742,800 45,597 3,500 1671650 31700 220,447 689,830 45,~ 1,388,295 80,900 2,204,375 383,023 6.~ 46,785 7r450 ~3,258 23 1/25/02 4:03:54PM WORK IN PROGRESS "EXHIBIT B" ' 2930323 CARMEL CIVIL CITY 0101 GENERAL 0270 ATTORNEY (CORPORATE - CITY A'l-I-Y) 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Total 0300 COMMUNITY SERVICES 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Total 0303 COMMUNICATION'S DEPARTMENT (RADIO-PHON 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Tota! 0362 FIRE DEPARTMENT 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Total 0370. POLICE DEPARTMENT (TOWN MARSHALL) 10000 Personal Services i' 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Total 0283 L/R PAYMENT 0000 NO DEPARTMENT 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Fund Total Department Total 0341 FIRE PENSION 0000 NO DEPARTMENT 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Fund Total Department Total 1/25/02 4:03:54PM CertifMd Appropriations 157,196 1,150 93,960 2~525 254,831 1,030,058 26,100 211,270 215~750 1,483,178 997,000 35,400 266,080 94~003 1,392,483 10,950,936 149,480 987,947 0 12,088,363 6,599,177 289,385 853,752 24~355 7,766,679 31,519,685 0 0 1,216,600 0 1,216,600 1,216,600 511,012 4,000 0 515,162 WORK IN PROGRESS