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