Elkhart County 20-8

Jurisdictions: City of Goshen, County of Elkhart

Topic: Planning and zoning jurisdiction

Date: 1994 August

Purpose: To enable the City of Goshen to assume responsibility for the planning and zoning jurisdiction of a tract of real estate. The City intends to annex this real estate as soon as it is economically feasible to do so. (P. 1) A detailed description of this tract of real estate is included in the agreement as Exhibit A.

Function: Support functions, Legal services (Pp. 1-2)

Type: Collaboration (Pp. 1-3)

Organization: Joint agreement. No governing board. Joint supply of snow removal services. No other services are explicitly delivered. (Pp. 1-4)

Duration: 5 years. Automatically extended for another 5 years unless terminated by one of the parties.

(P. 4)

Administration: County agrees to adopt an appropriate Ordinance granting to the Goshen City Plan Commission, and to the City generally, planning and land use jurisdiction over the Exhibit A real estate. County confers to City all legal rights and responsibilities as relate to the Exhibit A real estate. (P. 2) This agreement shall no longer apply to any part of the Exhibit A real estate that is annexed to the City. (P. 4) Roadway Dedications; Roadway Construction. Control over the approval of plats and replats for subdivisions to be developed as to the Exhibit A real estate shall rest with the City. However, preceding any annexation of said real estate, acceptance of the dedication of public ways within unincorporated areas shall rest with the County. (P. 3) Snow Removal. The roads and streets within the Exhibit A real estate shall be assigned annually to one of the parties for snow removal purposes. (P. 3) Other Governmental Functions. It is acknowledged that the County has not heretofore supplied ambulance/emergency service, fire protection service, and trash/garbage pickup services to the Exhibit A real estate, and such services are not contemplated to be performed in any fashion by either the County or City. (P. 3) Fees and Charges. Any fees or charges collected by City for building and zoning services, permits, inspection, and enforcement services shall not be higher than the fees and charges that would otherwise have applied under County imposed standards. (Pp. 3-4) Concurrence of Developer. The developer and sole owner of Exhibit A real estate, Helen H. Wheeler Trust, shall enter into an agreement signifying their concurrence and approval to the terms and conditions of this agreement. The entering into of such agreement by the developer is a condition precedent to the County being bound by the terms and conditions of this agreement. (Pp. 4-5)

Liability: City agrees to indemnify and hold the County free and harmless from any and all damages arising from the City's administration of said real estate. (P. 4)

Termination: Occurs if one party serves written notice on the other party within 30 days of the end of the term of this agreement. Can also occur if the legislative body of the County decides to resume zoning jurisdiction over the Exhibit A real estate. Such termination shall have no impact upon the prior annexation of a portion of Exhibit A real estate to the City. (P. 4)