Joinder - ZoningZONING AGREEMENT
CITY OF CARMEL, INDIAN& AND
CLAY TOWNSHIP OF HAMILTON COUNTY
2000
O ISINAL
THIS AGREEMENT, made and entered into by and between the City of Cannel, Indiana,
heremafter called "City", and Clay Township of Hamilton County, Indiana, hereinafter called
'Township ".
WITNESSETH:
WHEREAS, the City of Cannel and Clay Township on the 2nd day of May, 1961, ontored
into an agr~ment hereinafmr 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
WHEREAS, the Joinder Agro~mont, as amonded, in combination with Stm statutes, sots
forth the number of Clay Township Plan Commission members based upon population to ropresont
Clay Township, and
WHEREAS, the parties agre~ that they are gov~med by the t~rms and provisions of the
above-referonced Joinder Agreement, and
WHEREAS, the parties agr~ that operation of the zoning law should bo self supporting
from f~ revonue and that fe~s will be adjusteA by the City in the y~r following one in which
expenses exc~i fe~ income, and
WHEREAS, in a preliminary discussion the City and Township made an estima~ of
anticipated exponses and income to bo derived from the operation of the zoning law of the City for
the y~r 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 Amount'~, which represents the budget for the total
cost of operating the zoning law in 2000 C~Fotal Zoning Operations") and a copy of said budgets
and Budgeted Amount are attached hereto as Exhibits "A" and "B", and,
WHEREAS, the Township included within its budget for the year 2000, the sum 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 Carmel 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 accotmted 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 Z~ing 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 thereto.
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
1N WITNESS WHEREOF, the City of Carreel and Clay Township by and through their duly
elected, qualified, and acting officials, have hereunto caused theft names to be affixed and their
seals to be affixed as of the -3 ~/~]=
day of A//gfV ,2000.
Board of Public Works and Safety
Man Burke
CITY OF CARMEL,
~ r
Date:
Approved: Date: ~-~
CLAY TOWNSHIP BOARD
CLAY TOWNSHIP
Hamilton County, Indiana
Hagan
Clay Township Trustee
Date: ~/- -~ V'--
Rosmary I~2sel, Member
tg,~/:Z4/'2UUU Iz: ~1'9 31.75712410 CLERK TREASURER PAGE 04
L1:16:21
~930323
STATE BOARD OF TAX COMNISSIONF. RS
2000 BUDGET REPORT FOR
CARNEL CIVIL CITY
01-10-2000 R25
) 101 GENERAL
) 41 CLERK-TREASURER ( CITY/TOW?4 UNITS ONLY )
:0000 Personal Services ..................... 275,730
,,90oo supplies .............................. 1 ].. 300
30000 Other Services and Charges ............ 101,195
t0000 Capital Outlays ....................... 9,500
DEPARTMENT TOTAL 397,72~
)44 NAYOR
LO000 Personal Services ..................... Z06,600
20000 Supplies .............................. 6,000
~0000 Other Services and Charges ............ 118,150
10000 Capital Outlays ..................... '.. 7,500
DEPARTMENT TOTAL 338,250
]69 CITY COUNCIL/TOWN BOARD (CONNON COUNCIL)
[0000 Personal Services ..................... 97,146
~0000 Supplies .............................. 1,200
~0000 Other Services and Charges ............ 1,186,054
10000 Capital Outlays ....................... 3,000
DEPARTMENT TOTAL
)75 BOARD OF PUBLIC WORKS
10000 Personal Services .....................
20000 Supplies ..............................
30000 Other Services and Charges ............
~0000 Capital Outlays .......................
DEPARTNENT TOTAL
979 PLAN CONNISSION
I0000 Personal Services .....................
10000 Supplies ..............................
30000 Other Services and Charges ............
40000 Capital Outlays .......................
DEPARTMENT TOTAL
i08 ADMINISTRATION
10000 Personal Services .....................
20000 Supplies ..............................
30000 Other Services and Charges ............
40000 Capital Outlays .......................
DEPARTMENT TOTAL
1 ,z87"~'460
155,950
29,400
5,042,902
118,650
"5,346,902
61,010
2,350
143,575
4,700
2ii,635
460,780
Z0,400
234,050
150,400
SS'S". 630
"EXHIBIT A"
83/24/2B88 12:~9 31757i241e, CLERK TR~ASLI~ER ~AGE ~5
1:16:21
930323
STATE BOARD OF TAX COMMISSIONERS
2000 BUDGET REPORT FOR
CARMEL CIVIL CITY
01-10-~000 R25
48 CITY/TOWN COURT (CITY JUDGE/JUDGE)
0000 Personal Services ..................... 286,566
0000 Supplies .............................. 6,000
.O000 Other Services and Charges ............ 310464
0000 Capital Outlays ....................... 3,900
327,
DEPARTMENT TOTAL 930
:70 ATTORNEY (CORPORATE - CITY ATTY)
.0000 Personal Services ..................... 199.252
:0000 Supplies .............................. 1,000
i0000 Other Services and Charges ............ 57,967
.0000 Capital Outlays ....................... 4,500
DEPARTKENT TOTAL 262.719
!00 CONNUNITY SERVICES
0000 Personal Services ..................... 752,830
:0000 Supplies .............................. 17,610
i0000 Other Services and Charges ............ 107,625
;0000 Capital Outlays ....................... 19,600
897,
DEPAR'rMENT TOTAL 665
I03 COMMUNICATIONS DEPARTMENT (RADIO-PHONES-
.0000 Personal Services ..................... 850,272
:0000 Suppiles .............................. 24,335
~0000 Other Servlces and Charges ............ 238,370
;0O00 Capital Outlays ....................... 55,750
DEPARTMENT TOTAL
!62 FIRE DEPARTMENT
,0000 Personal Services .....................
:0000 Supplies ..............................
~0000 Other Services and Charges ............
10000 Capital Outlays .......................
DEPARTNENT TOTAL
~70 POLICE DEPARTMENT (TOWN MARSHALL)
.0000 Personal Servlces .....................
~0000'Supplies ..............................
~0000 Other Services and Charges ............
{0000 Capital Outlays ........................
DEPARTMENT TOTAL
TOTAL FUND
1,168,727
9,025,870
159,147
906,482
177,382
10.268,88i
5.783,847
208,230
565.545
120,769
6','678,39'i
28,051.855
"EXHIBIT B"
'F 4~/
~T B'~
10701NorthCoBege
C A¥ TowNsraP
Indianapolis, Indiana 46280-1089 · (317) 846-2773
Fax(317) 846-0744
April 27, 2O0O
The Honorable Diana L. Cordray
Carmel Clerk Treasurer
1 Civic Square
Cannel, 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 Contract 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,
~.~ Hag~a~n
Cc~
Jim Brainard
Doug Callahan
Steve Engelking
Doug Haney