Zoning 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