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HomeMy WebLinkAboutZoning Joinder Carmel/... (2) 1 2003 ZONING AGREEMENT A P P ROV E,~,,~ ZONING AGREEMENT FOIO~ BY:~ CITY OF CARMEL, INDIANA, AND CLAY TOWNSHIP OF HAMILTON COUNTY 2003 THIS AGREEMENT, made and entered into by and between the City of Carmel, Indiana, hereina~er called "Ci~f', 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 hereinafter 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 WI-IEREAS, 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 Joinder Agreement, and 2003 ZONING AGREEMENT 2 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 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 2003 and WHEREAS, the City has included within its budget for the year 2003, the sum of $215,284 for the Plan Commission/BZA and $1,524,683 for the Department of Community Services, totaling $1,739,967 (the "Budgeted Amount"), which represents the budget for the total cost of operating the zoning law in 2003 (''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 2003, the sum of $100,000 to cover the township share of any shortfall in fee revenue in 2003. 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 December 31, 2003, less fee revenue received by the City through December 31, 2003, for Total Zoning Operations, the Township agrees to pay 39.78% of the Total Zoning Operations expenses outstanding to the City. The percentage 2003 ZONING AGREEMENT 3 is based on the Township's 2001 (pay 2002) assessed valuation compared to the City's 2001 (pay 2002) assessed v~uation as they relate to the total ofthe two. The 2001 (pay 2002) assessed valuation of the Township outside the corporate limits is $1,537,015,000 or 39.78% of the total assessed valuation of the Township. The 2001 (pay 2002) assessed valuation of the City is $2,326,478,066 or 60.22% of the total assessed valuation. 2. The City of Cannel agrees to furnish to the Township a monthly statement of zoning income. 3. All 2003 Budgeted Amounts appropriately encumbered by the City in 2003 and expended in 2004 shall be separately accounted for and treated as 2003 operating expense for purposes of this Agreement. 4. At the end of the year 2003, the Budgeted Amount shall be reconciled by the City as to fee income and expenses for Total Zo~nlng Operations. If fee revenue has not covered operating expenses, then the Township will pay 39.78% of the outstanding balance after reconciliation. If the above calculation results in a surplus of fee revenue, then 39.78% of the surplus shall be paid to the Township. Payments due pursuant to this paragraph shall be made no later than February 15, 2004. 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 ofreccipt of the Audit Report. 2003 ZONING AGREEMENT 4 5. In the event that the City, based upon actual expenditures, determines that the funds budgeted for Total Zoning Operations will not be sufficient to fund the Zoning Agreement for the year 2003, the City shall notify the Township in writing no later than thirty (30) days prior to the need of additional funding. The City shall provide to the Township actual year-to-date expenditures compared to budgeted expenditures per budget line iter~ Both the City and the Township shall review these figures to determine whether savings are poss~le within the total budget or whether an additional appropriation for the year is necessary. If an additional appropriation is mutually found to be necessary, the Township shall, if funds are available, appropriate sufficient funds to pay for its share within thirty (30) days. In the event that the Township does not have sufficient funds available in the current year's budget, the Township shall include the additional funds needed in the subsequent year's budget and shall promptly pay when funds are then available. Expenses for Total Zoning Operations shall not be encumbered into the following year without approval by the Township unless sufficient revenue exists to support the encumbrance. If any entity of the City waives all or any portion of the planning and zoning fees for any applicant, such fee amount must either be transferred by the City into the budget for Total Zoning Operations, or in the alternative, such waived fees shall be counted as though actually paid for the purposes of calculating the reconciliation provided for in 2003 ZONING AGREEMENT 5 Paragraph 4, or a request for an additional appropriation fi.om the Township as provided in this Paragraph 5. If funds expended by the Department of Community Services are recoverable under grants or legal settlements of any kind, then the funds recovered shall be counted as revenue to the Total Zoning Operations in the year the funds are received. Because the Township participates fully in making up any sho~fall of revenue to fund the Total Zoning Operation, code enforcement outside the City limits shall be consistent with code enforcement inside the City limits or a mutually agreeable adjustment shall be made at contract reconciliation time. 6. In anticipation of a Zoning Agreement between the City and the Township in 2004 and to assist the Township in its budgeting process, the City agrees to include the Township in its 2004 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, 2003, and the final budgets as approved by the State Board of Accounts by January 10, 2004, 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. 7. The parties agree that all requests for payments and/or adjustments to payments pursuant to this Zoning Agreement shall be placed upon a form approved by the 2003 ZONING AGREEMENT 6 Indiana State Board of Accounts and certified according to Indiana Statute with respect to the amount contained therein. 8. 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. 9. The Mayor shall select and appoint the chief administrator of the department or depa~ta~ents admini~ering or expending the funds to be paid and spent according to this agreement, upon consultation with the Township Trustee and the Township Board. 2003 ZONING AGREEMENT 7 IN WITNESS WHEREOF, the City of Carmel and Clay Township by and through their duly elected, qnalified, and acting officials, have hereunto caused their names to be affixed and their seals to be affixed as of the ¢[ day of ~ ~ ,2003. BOARD O1~ PUBLIC WORKS.AND SAFETY L°/d)W~ts°n Date: ..~.~',? tJ~ L/ Approved: Date: .3 - ox ~- o~ CLAY TOWNSHIP BOARD Mary EckaryMembe CITY OF CARMEL, Hamilton County, Indiana s Braingrd, Mfiyor CLAY TOWNSHIP Hamilton County, Indiana Clay Township Trustee Date: ~ - ~.~-- o:a DLGF BUDGET PROGRAM CERTIFIED APPROPRIATIONS FOR YEAR ENDING 2003 "Exhibit A' 2930323 CARMEL CIVIL CITY 0101 GENERAL 0041 CLERK-TREASURER (CITY/TOWN UNITS ONLY) 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capitat Outlay Department Total 0044 MAYOR 10000 Personal Sentices 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Total 0069 CITY COUNcIL/ToWN BOARD (COMMON COUNC 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Total 0075 BOARD OF PUBLIC WORKS 10000 Personal Services 200(X) Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Total Department Total 0079 PLAN COMMISSION 10000 Personal Services 2Q000 Supplies 30000 Other Services & Charges 40000 Capital Outlay 0108 ADMINISTRATION 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Total 0248 CITY/TOWN COURT (CITY JUDGE/JUDGE) 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay 0270 ATTORNEY (CORPORATE - CITY ATTY) WORK IN PROGRESS - Based on Final I~asseasment Assessed Values 397,500 14,700 147,709 21)3q0, 581,209 344,300 5,750 268,500 5,500 024,000 217,000 1,0oo 345,550 2,678,000 0 2,747,657 55,724 4,250 196,060 4~250 260,284 720,000 48,725 1,369,450 78~100 2,214,275 362,106 4,700 44,190 , 4~500 415,496 FR 23 414/03 g:10:41AM ?age l o~4 "Exh~b{t B' 2930323 o101 CARMEL CIVIL CITY GENERAL 10000 Personal Services 20000 Supplies 30000 Other Sen~ices & Charges 40000 Capital Outlay Department Total 0300 COMMUNITY SERVICES 10000 Pemonal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Department Total 0303 COMMUNICATIONS DEPARTMENT (RADIO-PHON 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Depa, bnent Total O362 FIRE DEPARTMENT 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay Depa. b,~ent Total 0370 POLICE DEPARTMENT (TOWN MARSHALL) 10000 Personal Services 20000 Supplies 30000 Other Services & Charges 40000 Capital Outlay 0802 PARKS 10000 Personal Services 2(X)00 Supplies 30000 Other Sewices & Charges 40000 Capital Outlay Department Total Department Total Fund Total Department Total Fund Total 0283 L/R PAYMENT 0000 NO DEPARTMENT 10000 Personal Services 20000 Supplies 50000 Other Sewices & Charges 40000 Capital Outlay 0341 FIRE PENSION WORK IN PROGRESS - Based on Final Reaseessrnent Assessed Values 4/4103 9:10:41 AM Appropr~t~ona 169,083 800 89,065 2,250 261,198 1,135,7~ ~,250 ~1,650 1,524,683 1,1~,500 ~1,2~ ~,250 1,585,694 11,972,21 0 149,480 893,445 0 1.3,015,135 7,148,194 298,190 1,071,310 30,000 8,547,694 582,905 82,550 509,500 889,000 2,063,955 34,186,830 0 0 1,214,029 0 1,214,029 Pase 2 0£4