HomeMy WebLinkAboutCC-05-07-01-02 Annexation PolicySPONSORS: Councilors Wilson,
Snyder and Koven
RESOLUTION NO. CC-05-07-01-02
A RESOLUTION OF THE COMMON COUNCIL OF
THE CITY OF CARMEL, INDIANA
TO ADOPT THE WRITTEN FISCAL PLAN AND DEFINITE POLICY
FOR AN AREA KNOWN AS ANNEXATION TERRITORY
IN ORDINANCE NO. C-206
WHEREAS, the City of Carreel, Indiana, ("City") received a Petition for Annexation
signed by at least 51% of the landowners of that certain real estate described below ("Annexation
Territory"), to wit:
A part of the Northwest Quarter and the Northeast Quarter of Section 27,
Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana
more particularly described as follows:
Commencing at the Southwest comer of said Northwest Quarter; thence North 89
degrees 12 minutes 35 seconds East along the south line thereof a distance of
1318.37 feet to the intersection of said south line and the easterly line of a parcel
of land as described in Instrument Number 92427311; thence North 00 degrees 10
minutes 17 seconds West along said easterly line, also being the east line of the
West Half of said Quarter a distance of 607.16 feet to the Point of Beginning;
thence continuing North 00 degrees 10 minutes 17 seconds West along said
easte~y line a distance of 251.57 feet to a point on a line parallel with the
northerly line of said parcel and 150.00 feet southerly by perpendicular measure;
thence South 89 degrees 12 minutes 35 seconds West along said parallel line a
distance of 469.71 feet to the westerly line of said parcel; (the following four
courses are along the boundary of the aforementioned parcel) (1) thence Noah 00
degrees 35 minutes 16 seconds West a distance of 65.71 feet; (2) thence Noah 02
degrees 13 minutes 30 seconds West a distance of 79.32 feet; (3) thence North 02
degrees 37 minutes 12 seconds East a distance of 5.00 feet; (4) thence North 89
degrees 12 minutes 35 seconds East a distance of 472.79 feet to the intersection of
said northe~y line and the westerly line of a parcel of land as described in Record
Number 4954, Book 274, Page 412 also being the east line of said Half-Quarter;
(the following three courses are along the boundary of the aforementioned parcel)
(1) thence North 00 degrees 10 minutes 17 seconds West a distance of 776.09
feet; (2) thence North 89 degrees 15 minutes 01 seconds East a distance of 438.35
feet; (3) thence South 00 degrees 06 minutes 43 seconds East a distance of 871.04
feet to the intersection of the easterly line of said parcel and the northerly line of a
parcel of land as described in Record Number 8780, Book 277 Page 151; thence
North 89 degrees 12 minutes 35 seconds East along said northerly line a distance
of 879.58 feet to the intersection of said northerly line and the westerly line of a
parcel of land as described in Instnunent Number 199709740067 also being the
east line of said Quarter; (the following eleven courses are along the boundary of
the aforementioned parcel) (1) thence North 00 degrees 15 minutes 19 seconds
West a distance of 548.95 feet to a point hereinafter referred to as Point "A"; (2)
thence North 89 degrees 44 minutes 41 seconds East a distance of 327.68 feet; (3)
thence North 00 degrees 15 minutes 19 seconds West a distance of 146.76 feet;
(4) thence South 66 degrees 21 minutes 39 seconds East a distance of 308.08 feet;
(5) thence South 34 degrees 11 minutes 28 seconds East a distance of 88.22 feet;
(6) thence South 10 degrees 06 minutes 00 seconds East a distance of 153.00 feet;
(7) thence South 17 degrees 42 minutes 21 seconds West a distance of 117.56
feet; (8) thence South 02 degrees 41 minutes 16 seconds West a distance of
188.78 feet; (9) thence South 04 degrees 53 minutes 32 seconds West a distance
of 121.92 feet; (10) thence South 01 degrees 08 minutes 35 seconds West a
distance of 173.77 feet; (11 ) thence South 89 degrees 06 minutes 31 seconds West
a distance of 623.68 feet to the intersection of the southerly line of said parcel and
the easterly line of a parcel as previously described in Record Number 8780,
Book 277 Page 151 also being the east line of said Quarter; (the following two
courses are along the boundary of the aforementioned parcel) (1) thence South 00
degrees 15 minutes 19 seconds East a distance of 51.55 feet to a point hereinafter
referred to as Point "B"; (2) thence South 89 degrees 12 minutes 35 seconds West
a distance of 879.58 feet to the Southeast comer of a parcel as previously
described in Record Number 4954, Book 274, Page 412; thence South 89 degrees
17 minutes 51 seconds West along the southerly line thereof a distance of 437.89
feet to the Point of Beginning. Containing 32.095 acres more or less.
ALSO
A portion of the right-of-way of Six Points Road located in the Northwest and
Northeast Quarters of Section 27, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana more particularly described as follows:
Beginning at Point "A" as previously described herein; thence South 00
degrees 15 minutes 19 seconds East a distance of 855.95 feet to Point "B" as
previously described herein and the Point of Terminus; and
WHEREAS, Indiana Code Section 36-4-3-3.1 requires the City to develop a written fiscal
plan and establish a definite policy, by resolution of its legislative body, that meets the
requirements of Indiana Code Section 36-4-3-13 for the area proposed to be annexed into the
City by Ordinance No.C-206 otherwise know as the Annexation Territory; and
WHEREAS, Indiana Code § 36-4-3-3.1 requires the City to develop and adopt a fiscal
plan meeting the requirements of Indiana Code § 36-4-3-13, which include setting forth itemized
cost estimates for, methods of financing for, planning for, and organization and extension of
municipal services.
WHEREAS, a copy of the written fiscal plan and definite policy for the Annexation
Territory is attached hereto; and
WHEREAS, this written fiscal plan and definite policy adopted by resolution complies
with the requirements of Indiana law to provide services of a noncapital nature to the Annexation
Tendtory within one year after the effective date of the annexation in a manner equivalent in
standard and scope to those noncapital services provided to areas within the current corporate
boundaries, regardless of similar topography, patterns of land use, and population density; and
WHEREAS, this written fiscal plan and definite policy adopted by resolution complies
with the requirements of Indiana law to provide services of a capital nature to the Annexation
Tendtory within three years after the effective date of the annexation in the same manner those
services are provided to areas within the current corporate boundaries, regardless of similar
topography, patterns of land use, and population density and in a manner consistent with federal,
state and local laws, procedures, and planning criteria; and
NOW, THEREFORE, BE IT RESOLVED by the Common Cotmcil of the City of
Carmel, Indiana as follows:
Section I. The fiscal plan ("Fiscal Plan"), appended hereto as Appendix A and
incorporated by reference herein, detailing the costs, financing and provision of municipal
services to the Annexation Tendtory has been reviewed by the members of the Common Council.
Section II. The Common Council finds that the costs set forth in the Fiscal Plan are
reasonable.
Section III. The extension and operation of municipal services to the Annexation
Tendtory is reasonable.
Section IV. The Fiscal Plan is a comprehensive document satisfying the requirements of
Indiana Codes §§ 36-4-3-3.1 and -13.
Section V. The Common Council of the City of Carmel, Indiana hereby adopts the
materials set forth in the attached as the written fiscal plan and definite policy for the Annexation
Tendtory which is the subject of Ordinance No. C-206.
Section VI. The sections, paragraphs, sentences, clauses and phrases of this Resolution
are separable, and if any phrase, clause, sentence, paragraph or section of this Resolution shall be
declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of
competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and sections of this Resolution.
Section VII. This Resolution shall be in full force and effect from and after the date of its
passage, execution by the Mayor, and such publication as is required by law.
y ay,
2001, b ~ nays.
ATTEST: ~., ,
Diana L. Cordray, i~C~,L~r
Diana ~. Co~My, ~ , C~i-W~.~d
~ies Brain~d
ATTEST ~//4f/_L
Diana L. Cordray, IAMC, Clerk-T urer
1100 Chamber of Commerce Bldg.
320 N. Meridian Street
Indianapolis, IN 46204
317/634-7588
252791