HomeMy WebLinkAboutCC-08-18-03-05 Amend Fiscal Plan C-260 SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
RESOLUTION NO. CC-08-18-03-05
AMENDING FORMER RESOLUTION NO. CC-05-19-03-04
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
CARMEL, INDIANA, ADOPTING A FISCAL PLAN FOR THE
ANNEXATION OF PROPERTY CONTIGUOUS TO THE CITY
OF CARMEL, INDIANA
WHEREAS, well defined long term planning benefits the City of Carmel ("City") and the
community at large; and
WHEREAS, in recognizing the need and benefit of long term planning, the Common
Council of the City of Carmel, Indiana ("Council") is desirous of annexing a certain portion of
Clay Township into the City of Carmel (the "Annexation Territory"); and
WHEREAS, the Annexation Territory is contiguous to the existing city limits of the City
of Carmel; and
WHEREAS, a map describing the boundaries of the Annexation Territory is attached
hereto and incorporated herein as Exhibit A; and
WHEREAS, a legal description of the Annexation Territory is attached hereto and
incorporated herein as Exhibit B; and
WHEREAS, the Annexation Territory consists of approximately 6,971.21 acres; and
WHEREAS, the Annexation Territory is needed and can be used by the City for its
development in the reasonably near further; and
WHEREAS, responsible planning and state law require adoption of a fiscal plan and a
definite policy for the provision of certain services to annexed areas; and
WHEREAS, the Council is desirous of adopting a written fiscal plan for the Annexation
Territory;
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Carmel of Carmel, Indiana, that:
Section One:
The Council adopts the Fiscal Plan and its Addendum In Response to
Comments Received at the Public Hearings for Annexation Ordinances C-
257, C-258, C-259 and C-260 (collectively, "Plan") prior to the adoption
of the annexation ordinance for the Annexation Territory, a copy of which
is attached hereto and incorporated herein as Exhibit C.
Section Two: The purpose of the Plan is to confirm that the City is physically and
financially able to provide municipal services to the Annexation Territory
pursuant to the Plan.
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND WILSON
Section Three: The basic services described in the Plan become effective pursuant to the
Plan upon adoption of Annexation Ordinance No. C-260.
Section Four: The City will provide a copy of the Plan immediately after adoption to the
landowner in the Annexation Territory who requests a copy from the
Clerk-Treasurer of the City.
Section Five: This Resolution shall be in full force and effect from the date of passage,
and its publication, as provided by law.
PASSED by the Common Council of the City of Carmel, Indiana this _~d~y of
~/k(~_~<k,~{[~ .2003, byavoteof r'l ayes and ~ nays.
/..P~~ff, i~OMMON~COUN
~ider,.~~~~._~ ~P;;sid-ent Pr~'empore
Robert Ba.ttreall ~-~ ~
ATTEST: ~ ~
~iaa~ L. Cordray, Cler~reas~rer
F ORTHECIT~~
Wayne Wilson
Presented by me to the Mayor of the City of Carmel, Indiana, the
;2/~ .q~f' ,2003, at ~ /~.m.
)q {'~'--day of
//b ana L. Cordray, C~[-Treasurer p
SPONSORED BY:
COUNCILORS KOVEN, SNYDER
AND ~VISON
Approved by me, the Ma~yor of.~the City of Carmel, Indiana this Ii~d~ay of
2003 at~ ~.m.
L. Cordray, C e~Treasurer
d, Mayor
Sandra M. lohnSo~
~epuB~ Clerk ~or
Prepared By:
803168
Sue A. Beesley
Bingham McHale LLP
10 W. Market Street
Suite 2600
IndianapoLis, Indiana 46204
SPONSORED BY:
COUNCILORS KOYEN, SNYDER
AND WILSON
EXHIBIT A
EXHIBIT "B"
LEGAL DESCRIPTION
ANNEXATION ORDINANCE C-260
NORTHWEST TERRITORY
TRACT A
A Part of the Northwest, Southwest and Southeast Quarters of Section 21, Township 18 North, Range 3 East; A Part
of the Northwest, Northeast, Southwest and Southeast Quarters of Section 27, Township 18 North, Range 3 East; A
Part of the Northeast, Southeast, Southwest and Northwest Quarters of Section 28, Township 18 North, Range 3
East; A Part of the Northwest and Southwest Quarters of Section 35, Township 18 North, Range 3 East; A Part of
the Northwest and Southwest Quarters of Section 2, Township 17 North, Range 3 East; A Part of the Southeast and
Northeast Quarters of Section 3, Township 17 North, Range 3 East; All of Sections 34, 33, 32, 31, 30 and 29 of
Township 18 North, Range 3 East; A Part of the Southwest, Northwest, Southeast and Northeast Quarters of Section
19, Township 18 North, Range 3 East; and a part of the Northwest, Northeast, Southeast and Southwest Quarters of
Section 20, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana being more particularly
described as follows:
Commencing at the intersection of the north line of Section 21, Township 18 North, Range 3 East and the northerly
extension of the west boundary of the Autumn Wood Farms subdivision, said point being the northwest comer of the
northeast quarter of Section 21, Township 18 North, Range 3 East and the assumed centerline of 146th Street;
Thence South 00 degrees 19 minutes 22 seconds East on and along the west line of said northeast quarter a distance
of 40.0 feet to the northwest corner of the Autumn Wood Farms subdivision, said point also being located on the
south right of way line of 146th and the PLACE OF BEGINNING of this description;
Thence South 00 degrees 19 minutes 22 seconds East on and along the west boundary of the Autumn Wood Farms
subdivision a distance of 862.30 feet to the southwest comer of said subdivision, said point also being the northwest
corner of the Saddle Creek Section 6 subdivision (coincident with the corporate limits of the City of Carmel via
Annexation Ordinance C210);
Thence South 00 degrees 18 minutes 25 seconds East on and along the west boundaries of the Saddle Creek Sections
6, 7 and 9 subdivisions a distance of 1,076.49 feet to the northeast corner of the south one-half of the southeast
quarter of the northwest quarter of Section 21, Township 18 North, Range 3 East (coincident with the corporate
limits of the City of Carmel via Annexation Ordinance C210);
Thence South 89 degrees 15 minutes 29 seconds West on and along the north boundaries of the Saddle Creek
Sections 9, 10 and 11 subdivisions, said boundaries also being the north line of the south half of the southeast
quarter of the northwest quarter of said Section 21, a distance of 1,356.85 feet (coincident with the corporate limits
of the City of Carmel via Annexation Ordinance C210);
Thence North 00 degrees 29 minutes 34 seconds West on and along the east boundary of the Saddle Creek Section
11 subdivision a distance of 529.29 feet to the northeast comer of said subdivision, said point also being the
southeast corner of the Saddle Creek Section 12 subdivision (coincident with the corporate limits of the City of
Carmel via Annexation Ordinance C210);
Thence North 00 degrees 10 minutes 42 seconds east on and along the east boundary of the Saddle Creek Section 12
subdivision a distance of 920.74 feet to the northeast comer of said subdivision (coincident with the corporate limits
of the City of Carmel via Annexation Ordinance C210);
Thence North 89 degrees 57 minutes 35 seconds West on and along the north boundary of the Saddle Creek Section
12 subdivision a distance of 1,280.76 feet to a point on the east right of way line of Towne Road, said point also
being the northwest comer of the Saddle Creek Section 12 subdivision (coincident with the corporate limits of the
City of Carmel via Annexation Ordinance C210);
Thence continuing North 89 degrees 57 minutes 35 seconds West a distance of 70.0 feet to a point on the west Line
of the northwest quarter of Section 21, Township 18 North, Range 3 East, said point being located on the assumed
centerline of Towne Road (coincident with the corporate limits of the City of Carmel via Annexation Ordinance
C210);
Thence continuing North 89 degrees 57 minutes 35 seconds West a distance of 16.5 feet to a point on the west right
of way line of Towne Road (coincident with the corporate limits of the City of Carmel via Annexation Ordinance
C210);
Thence South 00 degrees 00 minutes 00 seconds West on and along the west right of way line of Towne Road a
distance of 713.77 feet to a point, said point being located South 90 degrees 00 minutes 00 seconds West 16.5 feet
from the assumed centerline of Towne Road (coincident with the corporate limits of the City of Carmel);
Thence South 00 degrees 40 'minutes 16 seconds East on and along the west right of way line of Towne Road a
distance of 820.9I feet to a point on the north right of way line of 141st Street (coincident with the corporate limits
of the City of Carmel via Annexation Ordinance C210);
Thence South 00 degrees 40 minutes 16 seconds East, across the right of way of 141~t Street, a distance of 33.0 feet
to a point on the south right of way line of 141st Street (coincident with the corporate limits of the City of Carmel via
Annexation Ordinance C210);
Thence North 89 degrees 18 minutes 07 seconds East, across the right of way of Towne Road, a distance of !.6.5 feet
to a point on the west line of said Section 21, said point being the assumed centerline of Towne Road and being
located South 00 degrees 40 minutes 16 seconds East 16.5 feet from the Southwest Comer of the Northwest Quarter
of Section 21 (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C2 I0);
Thence South 89 degrees 15 minutes 18 seconds East a distance of 16.5 feet to a point on the east right of way line
of Towne Road (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C2 i0);
Thence South 89 degrees 15 minutes 18 seconds East on and along the south right of way line of 141st Street a
distance of 962.83 feet to the intersection with the northern extension of the west boundary of the Westwood Estates
subdivision (coincident with the corporate boundaries of the City of Carmel via Annexation Ordinance C210);
Thence South 00 degrees 09 minutes 39 seconds West a distance of 23.5 feet to a point on the south right of way
line of 141~t Street, said point also being the northwest corner of the Westwood Estates subdivision (coincident with
the corporate limits of the City of Carmel via Annexation Ordinance C210);
Thence South 89 degrees 59 minutes 18 seconds east on and along the south right of way line of 141st Street and the
north boundary of the Westwood Estates subdivision a distance of 965.19 feet to the northeast comer of the
Westwood Estates subdivision (coincident with the corporate limits of the City of Carmel via Annexation Ordinance
C210);
Thence North 00 degrees 15 minutes 06 seconds East a distance of 23.5 feet to a point on the south right of way line
of 141st Street (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C210);
Thence South 89 degrees 59 minutes 18 seconds East on and along the south right of way line of 141s~ Street a
distance of 748.82 feet to a point on the east line of the southwest quarter of Section 21, Township 18 North, Range
3 East (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C210);
Thence North 89 degrees 17 minutes 43 seconds East on and along the south right of way line of 141st Street a
distance of 1,345.31 feet to the intersection with the northerly extension of the west boundary of the Saddle Creek,
Section 3 subdivision (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C210);
Thence South 00 degrees 08 minutes 43 seconds East a distance of 23.5 feet to a point on the south right of way line
of i41~' Street, said point being located on the west line of the east half of the southeast quarter of Section 21,
Township 18 North, Range 3 East. Said point also being the northwest corner of the Saddle Creek Section 3
subdivision (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C2 I0);
Thence South 00 degrees 08 minutes 43 seconds East on and along said west line and the western boundaries of the
Saddle Creek Sections 3, 1 and 2 subdivisions a distance of 2,551.39 feet to a point on the north right of way line of
136th Street, said point also being the southwest comer of the Saddle Creek Section 2 subdivision (coincident with
the corporate limits of the City of Carmel via Annexation Ordinance C210);
Thence South 00 degrees 08 minutes 43 seconds East a distance of 40.0 feet to the southwest corner of the east half
of the southeast quarter of said Section 21, said point being the assumed centerline of 136th Street (coincident with
the corporate boundaries of the City of Carmel via Annexation Ordinance C210);
Thence South 00 degrees 08 minutes 43 seconds East a distance of 16.5 feet to a point on the south right of way line
of 136rh Street (coincident with the corporate boundaries of the City of Carmel via Annexation Ordinance C210);
Thence North 89 degrees 16 minutes 11 seconds East on and along the south right of way line of 136th Street a
distance of 1,337.65 feet to a point on the east line of Section 28, Township 18 North, Range 3 East, 16.5 feet
directly south of the northeast corner of said Section 28, said point also being the assumed centerline of Ditch Road
(coincident with the corporate boundaries of the City of Carmel via Annexation Ordinance C-2 i0);
Thence South 89 degrees 49 minutes 31 seconds East on and along the south right of way line of 136th Street a
distance of 2,631.32 to a point 16.5 feet south of the northeast corner of the northwest quarter of Section 27,
Township 18 North Range 3 East (coincident with the corporate limits of the City of Carmel via Annexation
Ordinance C210);
Thence North 89 degrees 17 minutes 54 seconds East a distance of 238.0 feet to the intersection with the northern
extension of the west boundary of the Ashbury Park subdivision, said point also being located on the west boundary
of Annexation Ordinance C-199 (coincident with the corporate limits of the City of Carmel via Annexation
Ordinance C210);
Thence South 00 degrees 07 minutes 08 seconds East on and along the west boundary of Annexation Ordinance
C199 (the next seven descriptions are along said west boundary) a distance of 166.50 feet;
Thence (1) South 00 degrees 07 minutes 16 seconds East a distance of 331.81 feet;
Thence (2) South 89 degrees 52 minutes 52 seconds East a distance of 12.0 feet;
Thence (3) South 00 degrees 07 minutes 08 seconds East a distance of 150.0 feet;
Thence (4) South 89 degrees 52 minutes 52 seconds East a distance of 78.02 feet;
Thence (10) South 00 degrees
Thence (11) North 89 degrees
Thence (12) South 00 degrees
Thence (13) North 89 degrees
Thence (I4) North 89 degrees
Thence (I5) North 00 degrees
Thence (16) North 89 degrees
Thence (5) South 00 degrees 08 minutes 08 seconds East a distance of 230.52 feet;
Thence (6) North 89 degrees 59 minutes 09 seconds West a distance of 0.41 feet;
Thence (7) South 00 degrees 07 minutes 16 seconds East 129.78 feet;
Thence South 00 degrees I5 minutes 19 seconds East on and along the boundary of Annexation Ordinance C206
(the next sixteen descriptions are along the boundaries of said Annexation Ordinance C206) a distance of 146.76
feet;
Thence (1) South 89 degrees 44 minutes 41 seconds West a distance of 327.68 feet;
Thence (2) South 00 degrees 15 minutes 19 seconds East a distance of 548.95 feet;
Thence (3) South 89 degrees 72 minutes 35 seconds West a distance of 879,58 feet;
Thence (4) North 00 degrees 06 minuets 43 seconds West a distance of 871.4 feet;
Thence (5) South 89 degrees 15 minutes 01 seconds West a distance of 438.35 feet;
Thence (6) South 00 degrees 10 minutes 17 seconds East a distance of 776.09 feet;
Thence (7) South 89 degrees 12 minutes 35 seconds West a distance of 472.79 feet;
Thence (8) South 02 degrees 37 minutes 12 seconds West a distance of 5.0 feet;
Thence (9) South 02 degrees 13 minutes 30 seconds East a distance of 79.32 feet;
35 minutes 16 seconds East a distance of 65.71 feet;
12 minutes 35 seconds East a distance of 469.71 feet;
10 minutes 17 seconds East a distance of 251.57 feet;
17 minutes 51 seconds East a distance of 437.89 feet;
12 minutes 35 seconds East a distance of 879.58 feet;
15 minutes 19 seconds West a distance of 51.55 feet;
06 minutes 31 seconds East a distance of 623.68 feet;
Thence North 89 degrees 14 minutes 49 seconds west on and along the boundary of Annexation Ordinance C199
(the next four descriptions are along the boundaries of said Annexation Ordinance C199) a distance of 691.96 feet;
Thence (1) South 00 degrees 11 minutes 09 seconds East a distance of 657.54 feet;
Thence (2) South 00 degrees 46 minutes 28 seconds East a distance of 40,0 feet to the south right of way line of
131st Street;
Thence (3) North 89 degrees 13 minutes 32 seconds East on and along the south right of way line of 131st Street a
distance of 331.20 feet to the point of intersection with the southerly extension of the west boundary of the Spring
Farms subdivision;
Thence (4) North 00 degrees 35 minutes 54 seconds West a distance of 23.5 feet to a point 16.5 feet south of the
south line of the northeast quarter of Section 27, Township 18 North, Range 3 East;
Thence South 89 degrees 59 minutes 58 seconds East on and along the boundary of Annexation Ordinance C173,
said line being i6.5 south of and parallel to the south line of said northeast quarter, a distance of 935.05 feet to a
point on the west right of way line of Spring Mill Road, said point being located on the west boundary of
Annexation Ordinance C 121;
Thence South 00 degrees 25 minutes 34 seconds East on and along the west boundary of Annexation Ordinance
C121 (the next two descriptions are along the boundaries of said Annexation Ordinance C121), said line also being
the west right of way line of Spring Mill Road, a distance of 2,610.93 feet to a point on the south line of the
southeast quarter of Section 27;
Thence North 89 degrees 14 minutes I0 seconds East a distance of 50.0 feet to the southeast corner of Section 27,
Township 18 North Range 3 East, said point being the assumed centerline of Spring Mill Road;
Thence North 88 degrees 59 minutes 30 seconds East on and along the south line of the southwest quarter of Section
26, Township 18 North Range 3 East a distance of 1,180.92 feet;
Thence continuing North 88 degrees 59 minutes 30 seconds East on and along the south boundary of Annexation
Ordinance C136 a distance of 146.17 feet;
Thence South 00 degrees 06 minutes 36 seconds East on along the west boundary of Annexation Ordinance C136 a
distance of 331.03 feet to the southwest corner of said Annexation Ordinance;
Thence South 00 degrees 01 minutes 21 seconds East on and along the west boundary of Annexation Ordinance
C137 a distance of 165.0 feet to the southwest corner of said Annexation Ordinance;
Thence continuing South 00 degrees 01 minutes 21 seconds East on and along the west boundary of Annexation
Ordinance C138 a distance of 162.0 feet to the southwest corner of said Annexation Ordinance;
Thence North 88 degrees 51 minutes 53 seconds East on and along the south boundary of Annexation Ordinance
C 138 a distance of 403.21 feet to the southeast comer of said Annexation Ordinance, said point being located on the
west right of way line of Local Service Road #3 for U.S. Highway Number 31 as per I.S.H.C. plans for Project
Number ST-F-222(9);
Thence North 00 degrees 01 minutes 08 seconds East on and along the east boundary of Annexation Ordinance
C138 and the west right of way line of said Local Service Road #3 a distance of 162.0 feet to the northeast comer of
said Annexation Ordinance, said point also being located on the south boundary of Annexation Ordinance C137;
Thence North 88 degrees 51 minutes 53 seconds East on and along the south boundary of Annexation Ordinance
C137 a distance of 50.01 feet to the southeast comer of said Annexation Ordinance, said point being located on the
west boundary of Annexation Ordinance C197 and the west right of way line of U.S. Highway 31;
Thence South 00 degrees 03 minutes 57 seconds East on and along the west boundary of Annexation Ordinance
C197 and the west right of way line of U.S. 31 a distance of 489.02 feet to the southwest corner of said Annexation
Ordinance;
Thence North 88 degrees 46 minutes 31 seconds East on and along the south boundary of Annexation Ordinance
C197 an approximate distance of 834.25 feet to its point of intersection with the west boundary of Annexation
Ordinance C59, said boundary also being the west right of way line of Old Meridian Street;
Thence Southwest, curving southwesterly and westerly on and along the west and north boundaries of Annexation
Ordinance C59, said boundaries also being the west and north right of way lines of Old Meridian Street, to the
intersection with the west right of way line of U.S. 31;
Thence proceeding south on and along the west boundaries of Annexation Ordinance C59 and the west right of way
line of U.S. 31 to their intersection with the north line of the east half of the northwest quarter of Section 2,
Township 17 North, Range 3 East, said line being the assumed centerline of 116th Street, a distance of 250.0 feet
west of the centerline of U.S. 31;
Thence South 88 degrees 30 minutes 17 seconds West on and along the north line of the northwest quarter of
Section 2, Township 17 North, Range 3 East, said line being the assumed centerline of 116th Street and the north
boundary of Tract 3 of Annexation Ordinance C59, a distance of 107.45 feet to the northeast corner of Annexation
Ordinance C81;
Thence continuing South 88 degrees 30 minutes 17 seconds West on and along the north line of the northwest
quarter of Section 2, said line being the assumed centerline of 116th Street and the north boundary of Annexation
Ordinance C81, a distance of 845.85 feet to the northwest comer of said Annexation Ordinance;
Thence South 00 degrees 13 minutes 58 seconds East on and along the west boundary of Annexation Ordinance C81
a distance of 459.44 feet to the southwest corner of said Annexation Ordinance;
Thence continuing South 00 degrees 13 minutes 58 seconds East on and along the west boundary of Annexation
Ordinance C82 a distance of 200.72 feet to the southwest comer of said Annexation Ordinance;
Thence North 88 degrees 30 minutes 17 seconds East on and along the south boundary of Annexation Ordinance
C82 a distance of 440.11 feet;
Thence South 00 degrees 13 minutes 58 seconds East on and along the west boundary of Annexation Ordinance C82
a distance of 163.85 feet to the southwest comer of said Annexation Ordinance;
Thence continuing South 00 degrees 13 minutes 58 seconds East on and along the west boundary of Annexation
Ordinance C80 a distance of 525.72 feet to the southwest corner of said Annexation Ordinance;
Thence continuing South 00 degrees 13 minutes 58 seconds East on and along the west boundary of Annexation
Ordinance C73 distance 300.0 feet to the southwest comer of said Annexation Ordinance;
Thence North 88 degrees 30 minutes 17 seconds East on and along the south boundary of Annexation Ordinance
C73 a distance of approximately 80.16 feet to its intersection with the west boundary of Annexation Ordinance
C178;
Thence southerly on and along the boundary of Annexation Ordinance C178 a distance of about 1,020.5 feet to a
point on the north right of way line of 111th Street;
Thence proceeding southerly along the boundary of Annexation Ordinance C178 to the south right of way line of
111th Street and the north boundary of the Meridian Suburban subdivision, said point being located 25.0 feet south
of the north line of the southwest quarter of Section 2, Township 17 North, Range 3 East and the assumed centerline
of 111th Street;
Thence proceeding westerly on and along the south right of way line of 111th Street and the north boundary of the
Meridian Suburban subdivision approximately 388.0 feet to the northwest comer of said subdivision;
Thence South 00 degrees 19 minutes 20 seconds East a distance of 25.0 feet to a point on the south right of way line
of 11 ith Street, said point also being the northeast corner of the Spring Mill Place subdivision;
Thence South 88 degrees 56 minutes 10 seconds West on and along the south right of way line of 111th Street and
the north boundary of the Spring Mill Place subdivision a distance of 964.87 feet to a point on the west line of the
southwest quarter of Section 2, Township 17 North, Range 4 East and the assumed centerline of Spring Mill Road,
said point being located South 00 degrees 04 minutes 27 seconds East a distance of 50.0 from the northwest corner
of the southwest quarter of said Section 2;
Thence continuing South 88 degrees 56 minutes 10 second West a distance of 45.0 feet;
Thence North 00 degrees 00 minutes 00 seconds East a distance of 50.0 feet to the southeast corner of the Williams
Mill subdivision, said point being located on the west right of way line of Spring Mill Road, a distance of 45.0 feet
South 89 degrees 46 minutes 12 seconds West of the southeast corner of the northeast Quarter of Section 3,
Township I7 North Range 3 East;
Thence North 00 degrees 00 minutes 00 seconds East on and along the west right of way line of Spring Mill Road
and the east boundary of the Williams Mill subdivision a distance of 656.86 feet to the northeast comer of said
subdivision;
Thence continuing North on and along the west right of way line of Spring Mill Road to its point of intersection with
the south line of Section 34, Township 18 North Range 3 East, smd line being the assumed centerhne of 116 Street
Thence continuing west on and along the south line of said Section 34 and the assumed centerline of 116th Street to
the southwest corner of said Section 34, said point being the southeast corner of Section 33, Township I8 North,
Range 3 East;
Thence continuing west on and along the south line of said Section 33 and the assumed centerline of 116t~' Street to
the southwest comer of said Section 33, said point being the southeast comer of Section 32, Township 18 North,
Range 3 East;
Thence continuing west on and along the south line of said Section 32 and the assumed centerline of 1 i6th Street to
the southwest corner of said Section 32, said point being the southeast corner of Section 31, Township 18 North,
Range 3 East;
Thence continuing west on and along the south line of said Section 31 and the assumed centerline of 116th Street to
the southwest corner of said Section 3I, said point being located on the Boone/Hamilton County line and the
Western boundary of Clay Township;
Thence north on and along the west line of said Section 31, Township 18 North Range 3 East and the
Boone/Hamilton County line to the northwest corner of said Section 31, said point being the southwest comer of
Section 30, Township 18 North, Range 3 East;
Thence continuing north on and along the west line of said Section 30 and the Boone/Hamilton County line to the
northwest comer of said Section 30, said point being the southwest corner of Section 19, Township 18 North, Range
3 East;
Thence continuing north on and along the west line of said Section 19 and the Boone/Hamilton County line to a
point on the south right of way line of 146th Street, said point assumed to be located 16.5 feet south of the northwest
comer of said Section 19;
Thence east on and along the south right of way line of 146th Street to its intersection with the east line of Section
19, Township 18 North, Range 3 East, said line also being the west line of Section 20, Township 18 North, Range 3
East;
Thence continuing east on and along the south right of way line of 146th Street to its intersection with the east line of
said Section 20, said line also being the west line of Section 21, Township 18 North, Range 3 East;
Then continuing east on and along the south right of way line of 146th Street to its intersection with the west line of
northeast quarter of said Section 21;
Thence South 00 degrees 19 minutes 22 seconds west a distance of 23.5 feet on and along the west boundary of
Annexation Ordinance C210 to a point on the south right of way line of 146th Street, said point being the northwest
comer of the Autumn Wood Farms subdivision and the PLACE OF BEGINNING of this description, containing
6,907.56 acres more or less, subject to all legal easements and right of way of record.
ALSO:
TRACTB
Part of the North Half of the North Half of Sections 3, 4, 5 and 6, Township 17 North, Range 3 East, Clay
Township, Hamilton County, Indiana being more particularly described as follows:
That part of the dedicated right of way of 116t~ Street located in Section 3, 4, 5 and 6, Township 17 North, Range 3
East, Clay Township, Hamilton County, Indiana from the west right of way line of Spring Mill Road in Section 3 on
the east to the Boone/Hamilton County Line on the west containing 13.86 acres more or less, subject to all legal
easements and right of way of record.
ALSO:
TRACT C
Part of the Northeast Quarter of Section 27, Township 18 North, Range 3 East, Clay Township, Hamilton County,
Indiana being more particularly described as follows:
Commencing at the southeast comer of the northeast quarter of said Section 27, said point being the assumed
centerlines of Spring Mill Road and 13 lS~ Street;
Thence North 89 degrees 59 minutes 58 seconds West on and along the south line of the northeast quarter of said
Section 27 and the assumed centerline of 131 Street a distance of 985.03 feet;
Thence North 00 degrees 11 minutes 16 seconds East a distance of 16.5 to a point on the north right of way line of
131st Street and the southeast comer of a 1.00 acre tract of land as described in Instrument #9609638999 as recorded
in the office of the Recorder of Hamilton County, Indiana and the PLACE OF BEGINNING of this description.
Thence North 00 degrees 11 minutes 16 seconds East on and along the west boundary of Annexation Ordinance
C173 and the east boundary of said 1.00 acre tract a distance of 247.69 feet to the northeast corner of said 1.00 acre
tract;
Thence South 89 degrees 13 minutes 32 seconds West on and along the south boundary of Annexation Ordinance
C199 and the north boundary of said 1.00-acre tract a distance of 165.0 feet to the northwest comer of said 1.00-acm
tract;
Thence South 00 degrees 11 minutes 09 seconds East on and along the east boundary of Annexation Ordinance
C199 and the west boundary of said 1.00-acre tract a distance of 247.5 feet to the southwest comer of said 1.00-acre
tract;
Thence North 89 degrees 13 minutes 32 seconds East on and along the north boundary of Annexation Ordinance
C199, the north fight of way line of 131~t Street and the south boundary of said 1.00 acre tract a distance of 164.93
feet to the PLACE OF BEGINNING of this description, containing 1.00 acre more or less, subject to all legal
easements and right of way of record.
ALSO:
TRACTD
Part of the Northeast and Northwest Quarters of Section 35, Township 18 North Range 3 East, Clay Township,
Hamilton County, Indiana being more particularly described as follows:
Commencing at the southwest corner of the northeast quarter of said Section 35, said point being the assumed
centerline of Pennsylvania Road; Thence South 88 degrees 49 mtimtes 16 seconds West on and along the south
boundary of Annexation Ordinance Ci19 a distance of 16.5 feet to the southwest comer of said Annexation
Ordinance and the PLACE OF BEGINNING of this description;
Thence North 00 degrees 07 minutes 31 seconds West on and along the west boundary of Annexation Ordinance
C119 a distance of 1,079.02 feet to the northwest comer of said Annexation Ordinance;
Thence North 88 degrees 40 minutes 34 seconds East on and along the north boundary of Annexation Ordinance
C119 a distance of 1,327.19 feet to the northeast corner of said Annexation Ordinance, said corner being located on
the west line of the east half of the northeast quarter of said Section 35 and on the west boundary of Annexation
Ordinance C79;
Thence North 00 degrees 06 minutes 12 seconds East on and along the west boundary of Annexation Ordinance C79
and the west line of the east half of the northeast quarter of said Section 35 a distance of 950.0 feet to the southeast
comer of Annexation Ordinance C95;
Thence South 88 degrees 45 minutes 46 seconds West on and along the south boundary of Annexation Ordinance
C95 a distance of approximately 958.07 feet to a point on the east right of way line of Old Meridian Street, said
point also being located on the east boundary of Annexation Ordinance C59;
Thence southwesterly on and along said right of way line and boundary to their point of intersection with the east
right of way line of U.S. 31;
Thence south on and along the east right of way line and east boundary of Annexation Ordinance C59 to the
northwest comer of Annexation Ordinance C76;
Thence North 88 degrees 32 minutes 30 seconds East on and along the north boundary of Annexation Ordinance
C76 and the south line of the northwest quarter of Section 35 a distance of 772.0 feet to the PLACE OF
BEGINNING of this description, containing 42.22 acres more or less, subject to all legal easements and right of way
of record.
ALSO:
TRACT E
Part of the Northwest Quarter of the Northeast Quarter of Section 35, Township 18 North, Range 3 East, Clay
Township, Hamilton County, Indiana being more particularly described as follows:
Commencing at the Northwest corner of the Northeast Quarter of said Section 35, said point being located on the
assumed centerline of Pennsylvania Road and boundary of Annexation Ordinances C89 and C 197;
Thence North 88 degrees 40 minutes 41 seconds West on and along the boundaries of said Annexation Ordinances a
distance of 16.5 feet to the east right of way line of Pennsylvania Road and the PLACE OF BEGINNING of this
description;
Thence North 88 degrees 40 minutes 41 seconds East on and along the south boundary of Annexation Ordinance
C89 a distance of 660.52 feet to the southeast corner of said Annexation Ordinance, said point being located on the
west right of way line of Old Meridian Street and the west boundary of Annexation Ordinance C59;
Thence southwesterly on and along said west right of way line and west boundary of Annexation Ordinance C59 to
their point of intersection with the east right of way line of Pennsylvania Road, said line also being the east
boundary of Annexation Ordinance C197;
Thence North 00 degrees 07 minutes 31 seconds East on and along the east right of way line of Pennsylvania Road
and east boundary of Annexation Ordinance C197 an estimated distance of 889.95 feet to the PLACE OF
BEGINNING of this description, containing 6.57 acres more or less, subject to all legal easements and right of way
of record.
The aggregate total acreage is 6,971.21 more or less, subject to all legal easements and right of way of record.
ADDENDUM
In Response to Comments Received
at the Public Hearings
for 4nnexation Ordinances C-257, C-258, C-259 and C-260
The public heatings for annexation ordinances C-257, C-258, C-259 and C-260 were held on
July 21, 2003. The public heatings were held in close sequence. The Fiscal Plans were prepared
using the same basic format and the questions for each of the four were very closely related,
despite separations in geographic territory. We, therefore, offer the following as a proposed
addendum to the Fiscal Plans for each of the four annexation areas, as demonstration of the
testimony received and the responses thereto. The public questions and comments were
generally applicable to all of the annexation areas, and we would suggest that the only reasons
for the differences in the comments was tbe number of people testifying in each case.
Amount of the Property Tax Increase
The majority of the public testimony indicated substantial concern with knowing the exact the
amount of the tax increase, and the question was posed in multiple ways, most dominantly
asking the specific amount of the increase, along with the allegation that multiple officials had
offered multiple estimates of the amount of property taxes resulting from annexation.
The Fiscal Plan reflects a computed increase of 12%-15% in taxes which was based on pre-re-
assessment budget levels. We honestly stated the basis of the estimate in the Fiscal plan
document, and also noted that there were several reasons that a specific amount of the property
tax increase could be most honestly reflected in a reasonable range, rather than a specific
amount. The Fiscal Plan was prepared prior to release of 2003 re-assessments, and therefore
could not use 2003 figures as a means of fair comparison. The Fiscal Plan presented specific
percentages of the City's budget allocated to each department and attempted to show
approximately how each property tax dollar is allocated, as a matter of proportion. Those figures
were accurate at that time and we believe continue to represent the best method of estimation
available, especially based on a known budget and approved tax rates, prior to re-assessment.
For the record, it is our honest belief that the actual changes in the property taxes for parcel
owners within the annexation area which are due to annexation will be between 12% and 15%,
based on our analysis. However, we also note that there are several fomes at work which will
alter property tax rates and payments and that it is virtually impossible at this time to clearly
separate the specific causes, especially for the purposes of satisfying the public responding to
this annexation proposal.
If this annexation is immediately successful, the first property tax invoices containing city
property tax~s;will be received in May, 2005. The truth is that a lot of changes will take place
between now and then, and only a portion of those changes will be controlled by the City. The
outline below will attempt to portray some of the reasons that providing a 'specific amount' of
Addendum to Fiscal Plans in Response to Public Hearing Comments
the property tax increase is not possible.
We note that the impact of the 2003 re-assessment has been to create substantial confusion
related to property taxes. That confusion, and its accompanying frustration, has direct
consequences for annexation and the fiscal plan in several ways.
II.
The legislature has changed the property-tax laws in each of the last several legislative sessions.
We further believe that the public and media uproar over the disproportionate results of re-
assessment will likely generate additional changes in the system at the legislative level in 2004
and possibly beyond that. These state-level changes are wholly beyond the capacity of the city to
control. In fact, these state-level changes will also affect properties which are already within the
City, as well as properties throughout the State.
Ill.
The new property tax figures have only been public for less than a month, despite the fact that the
Supreme Court's decision was rendered in 1998. These delays are squarely the responsibility of
the State Department of Local Government Finance (DLGF), and the City of Carmel is in no way
responsible for either the delay, or the chaos generated by the new system. It is appropriate to
note that only 10 of 92 Indiana counties actually have sent invoices to property owners, and the
property tax bills for 2003 are actually still under consideration and subject to appeal and revision.
This means that even the current invoices that people hold in their hands may not be accurate.
IV.
At this time, it is not even clear if the property tax rates for 2003 for the city of Carmel have even
been certified by DLGF. It is the responsibility of DLGF to certify the property tax rates of every
taxing entity in the state on an annual basis, which then serves to validate the property tax
invoices. We have been unable to determine if the State has actually performed this function at
this time.
The property tax invoice contains the property taxes of every taxing entity with jurisdiction over
the property in the annexation area. The targest taxing entity in the area is the school system. It
is, unfortunately, common for people to be horribly mis-informed about their property tax bills and
to 'blame' the wrong party for increases (usually also without compliment to any entity which
managed to cut taxes). Tax increase from the county, township, schools, library, city or any other
taxing entity will be reflected on the first invoice in 2005 and only a careful consideration of the
invoice will 'accurately reflect' which taxing entity was responsible for what part of the increase,
even before the impact of annexation is considered.
VI.
The request]demand for additional services which is implied in the query, 'what do we get for our
money,' is also a factor. The City has implemented approximately 40 annexations over the past 2
years and it has been vigilant in increasing municipal service capacity in order to serve these
areas. In addition, certain areas have a clear need for improvements and services which have
already been publicly discussed. As noted at the pubJic hearing, the City is adding over 30 new
personnel in the 2004 city budget in order to assure that superior services are provided. The cost
of these personnel is obviously a factor in future tax rates, as well. It is unreasonable and
conflicted to suggest that an annexation area is entitled to something more 'for their money' than
other citizens get, at the same time as complaining about the increased cost. The implication of
the comment can only be dispassionately viewed as a suggestion that these residents, 'get
something for their money' which is paid for by someone else. While we specifically wish to avoid
a contentious debate on the issue, we must honestly question the validity of the suggestion.
VII.
The responses to the public testimony also noted the cumulative impact of annexation throughout
Clay Township. The addition of new tax base actually creates downward pressure on property
tax rates, and that economic factor is accompanied by departmental economies of scale to help
Addendum to Fiscal Plans in Response to Public Hearing Comments 2
push city tax rates down. At the same time, the addition of more city streets, and more property
for police to patrol and protect creates upward pressure on the city budget. In the end, the
balance of these to contradictory forces will be weighed by the annual budget process and a final
tax rate will be determined, which may or may not cause property taxes to increase for any
individual homeowner. In the end, with all things being relatively equal, it is our honest projection
that the final property tax bills for the residents of these annexation areas will result in a property
tax increase of 12% to 15% due strictly to annexation.
The ultimate property tax invoices for 2005 will also reflect the growth in Assessed Value (AV)
from all areas within the City, including major areas of development in western Clay Township,
such as the area included in Ordinances C-210 and C-260. Those areas will add significant new
AV to the City immediately upon annexation, and will continue to add new AV as new
development occurs. At this time, there are repodedly nearly 3,000 approved residential lots in
the C-260 area which will contribute significant AV to the city when developed. When this new
AV is balanced against the services which these parcels will demand, it is possible that the capital
contribution of the developers will actually offset a significant portion of the demand for such
things as new roads and road improvements, thereby reducing demand for municipal revenues
and creating downward pressure on the property tax rate.
IX.
Final[y, the Fiscal Plan considers only property taxes because of instability in the revenue
streams that are controlled by other levels of government. In the end, it was the determination of
the Fiscal Plan that the City would have to compensate for any deficit caused by increased
service to any area, regardless of the revenues generated, therefore, the Fiscal Plan would focus
on those revenues which are controlled specifically by the City (property taxes). However, other
revenue streams are theoretically affected by annexation, such as local road and street funds,
which are supposed to be proportionate to the number of miles of roadway. It has been recent
experience that requests to increase the number of miles of roadway (due to annexation of new
roads) at the State level have taken several years to process. While the revenues do eventually
increase, they may or may not increase in direct proportion to the increase in roadway miles, and
the increase may or may not be received within the 3 year period for capital improvements
required by the annexation statute. Other revenue streams such as alcohol gallonage and
cigarette taxes have also been recently unstable due to manipulations at the state level which
interrupt revenue flows and projections.
The largest of the revenue streams which are not controlled by the City is COlT revenue. COlT
distributions, however, have become unstable due to a recent discovery by the State of Indiana
that the State has been making an error in distributing COlT funds to individual counties. The
State has publicly demanded that Hamilton County repay many millions of dollars in previous
"overpayments," which creates an obvious problem for the Fiscal Plan. We cannot solve this
problem, but we must honestly understand that the problem affects the revenues in the Fiscal
Plan.
In addition to the problems at the State level, however, it must be understood that COlT revenues
also are not controlled by the City, but instead, are distributed to taxing units within the County
based on the budgets of those taxing units. Therefore, COlT distributions to the City of Carmel
are affected by budget fluctuations at the County, each of the Townships, and at each of the other
municipalities in Hamilton County, thereby making the prediction of annexation's impact on future
COlT revenues very difficult.
In the end, only two things are absolutely clear with regard to property taxes:
a. That the City Carmel will be required to provide municipal services to the residents within
the annexation territory, regardless of revenue fluctuations, and
Addendum to Fiscal Plans in Response to Public Hearing Comments .~
b. That the only revenue stream which the City controls is property taxes.
This means that if other authorities continue to interrupt other revenue streams for whatever
reason, then the City will be forced to resort to property taxes to fill those gaps because that is the
only remedy available. The 12%-15% increase projected in the Fiscal Plan is a reasonable
estimate of the impact of annexation, and was developed as carefully as possible. We believe
that it is the best number available at this time, in consideration of the factors explained above,
and we offer it honestly to the residents of the annexation area as a fair projection of the property
tax impact of annexation.
'We Have the Municipal Services We Want'
Several citizens commented to the effect that 'we have the municipal services we want,'
generally accompanied by the assertion that annexation is inappropriate because those services
already exist in adequate form. Our respectful response would be that those services exist
largely because of the long-term visionary planning and execution which has been made possible
by the City of Carmel. In fact, in our experience with annexation throughout the state, it is
possible that there is no other municipality/community which has invested so heavily in planned
growth as the City of Carmel and Clay Township. It is because of this meticulous planning and
execution of municipal that property values in Clay Township (both inside and outside of the
City) are among the highest in the entire state.
In the case of the City of Carmel and Clay Township, the proposed annexations would basically
add only the services of the Carmel City Administration, Carmel Street Department and the
Carmel Police Department. As stated in the Fiscal Plan, the remainder of the municipal services
of the City are largely already provided through a series of"joiner agreements" where the City
and Township have formally, legally cooperated to jointly fimd and provide those services. In
fact, Township officials have largely cooperated with the City in the pursuit of annexation, and
the joinder agreements even spell out the shifts in the fiscal burden for joinder services from
township to city as annexation takes place.
These joinder agreements did not take place in a vacuum, nor did they take place by mistake.
Although residents of the unincorporated areas often misunderstand the nature and purpose of
the joinder agreements, those joinder agreements represent a clear and formal attempt to insure
that high quality municipal services are provided in the unincorporated areas of Clay Township.
And the fact that these agreements were so carefully crafted is - in our opinion - a clear
indication that the leadership of both the City and the Township were considering the future
needs of a growing community...not an unincorporated township next door to a city, but a single,
growing community. Whether or not the various leadership directly considered the statutory
issue of annexation is a point of argument, however, there can be no reasonable dispute that the
leadership sought the creation of a single, growing community where good municipal services
supported a growing property tax base.
It is appropriate to note that the Township had the continuous capacity to attempt providing these
services on its own or through other arrangements, if the Township's goal was to remain distinct
and separate from the City of Carmel. Instead, we would suggest that it was clear to all
Addendum to Fiscal Plans in Response to Public Hearing Comments 4
concerned that the most effective provider of these services was the City of Carmel. We would
further extend this argument to suggest that the City of Carmel continues to be the most cost-
effective provider of these services, and that annexation is the logical next step in this evolution
of service. This is perhaps best exemplified by the provisions for the Clay Township sewer
utility to have the sewage it collects treated at the Cannel wastewater treatment facility. The
service charges of the Clay Township sewer utility, in fact, are higher than those of the City
sewer utility, further demonstrating the efficiency of the City in providing its services.
It is our position that the continuum of service for unincorporated Clay Township lies in the
direction of aunexation. The City of Carmel carefully considered this matter for over a year in
crafting its annexation policies, which were considered, debated and passed unanimously by the
City Council several years ago. Those annexation policies specifically contain reference to the
issue of armexation by stating that it is the intent of the city to annex virtually the entirety of
unincorporated Clay Township as it continues to develop. To further underscore that intent, the
City has been requiring non-remonstrance agreements from developers as new land has been
developed over the last several years. Portions of the proposed annexation areas for C-257, 258,
259 and 260 are covered by some form of these non-remonstrance agreements.
It is appropriate to close this response with several notes regarding the municipal services that
will be provided as a result of aunexation. First, with regard to services provided by the City
Administration. The fact is that many residents of unincorporated areas often request things
from the City, and these requests take place in multiple forms. The Mayor and members of his
Administration routinely meet with residents of unincorporated areas on various issues of policy
and service, and such requests are never rejected by the City due to the location ora person's
home.
Second, City Police routinely patrol various unincorporated areas for various reasons, most of
which relate to efficiency. Even remonstrators at the public hearing admitted that City Police
respond to emergency calls in their areas. In addition, City Police are routinely present in these
annexation areas because the area between Keystone and Meridian is largely unincorporated, yet
the areas on both sides are within the City. The simple fact is that the shortest distance between
1006th & Keystone and 106th and Meridian is through the unincorporated area, and therefore,
City Police have a strong presence in these areas. The 2003 and 2004 City Budgets both contain
allocations for new police officers to serve these newly annexed areas.
Third, the Carmel Street Deparm~ent is among the very best Street Departments in the state.
Almost every year, there is a "contest" played where the public is challenged to find a pothole in
the City of Carmel. Various potholes are identified over time, but they are almost always located
in the unincorporated portions of the Township. This reality demonstrates two important points.
First, that the City does an excellent job of providing street department services, and second, that
citizens are often confused about where the City boundaries end.
Despite the assertion that 'we already have good services,' the truth is that a significant portion
of those services are being provided by City personnel, through joinder agreements, and that
Addendum to Fiscal Plans in Response to Public Hearing Comments
other services provided by the City after annexation will also be of high quality. We do not seek
to disparage anyone believing that their services are fine as they are, but we do feel it is fair to
suggest that some of those assertions may be rhetorically self-serving. The City of Carmel has
carefully planned for its own growth, and it has publicly published its intent with regard to
annexation. The City provides many municipal services through joinder and will provide other
services through annexation, as required by statute.
Demand for 'Additional' City Services
The public testimony also included a demand for other or additional services. This request was
paraphrased in the question 'what do we get for our money,' which was followed by a suggestion
that the residents of the annexation area were somehow entitled to more or better services than
the residents of the rest of the city. We respectfully find this request to be unrealistic. The
functional purpose of creating an incorporated city is to provide a fair and equitable set of
municipal services that could not have been provided but for the incorporation. In our opinion,
the request for more or better services as a bargaining chip in the annexation process is
inappropriate. While it might resolve the dispute with a few hundred residents in the annexation
area, it would be grossly unfair to the 35,000+ residents of the incorporated city. This is a
statutory annexation of an area which meets all of the statutory requirements for annexation. It is
not a bargaining session. We respectfully suggest that requests for a 'better deal' cannot be the
basis for creating effective public policy regarding annexation.
'This is Just Pork Barrel Politics'
One citizen commented that the annexation was simply an exercise in pork barrel politics and
that it should be abandoned. We respectfully disagree. At this time, Clay Township is a net
exporter of COIT taxes. It has been estimated (by other parties for other purposes) that residents
of Clay Township (both inside and outside of Carmel) pay approximately 50% of the total COIT
taxes of Hamilton County, and that a substantial amount of those COlT revenues are re-
distributed to other communities within the county (as well as the county and townships). One
of the fiscal benefits of annexation is likely to be that Carmel will receive increased COIT
revenues and will capture a larger proportion of the COlT taxes paid by residents of Clay
Township. We would consider it good fiscal management to reclaim a larger share of revenues
paid, however, with the various uncertainties which are surrounding the COlT tax system at this
time, the city cannot be certain of any fiscal outcome.
'Do We Have to Pay the TIF Tax?'
I am not completely aware of exactly what the gentleman might have been referring to, but the
City has no authority to make TIF commitments outside of the City, so whatever the problem
might be, it is not to be laid at the feet of the City, under any circumstances. TIF is a
complicated concept and it is possible that there is some confusion in this regard.
Fundamentally, TIF is not implemented as a general tax burden of the city, and TIF is also not
allowed on residential property. Instead, TIF is generally paid by the property owners of
commercial or industrial property, therefore, we have found no TIF impact on any annexation
area, since the annexation area is currently outside of the City's corporate limits, and since T1F
Addendum to Fiscal Plans in Response to Public Hearing Comments 6
can no longer be levied on residential property.
Question Regarding Police Patrols
A citizen suggested that the City was not patrolling the area and would not do so in the future.
During thc development of the Fiscal Plans, I have personally undertaken the task of asking the
Chief of Police whether City Police patrol the annexation areas in question. The Police
Department of the City of Carmel often sends patrol cars into the unincorporated areas for
various reasons, including emergency responses. In additional cases, the shortest route for the
patrol is through unincorporated areas, especially in the unincorporated areas between US31 and
US431. For thc Department to avoid these areas would require going around the unincorporated
areas, adding several miles to the patrol, several times per day. I have personally witnessed the
circulation of City Police patrols in the unincorporated area on numerous occasions, yet I do not
choose to argue the citizen's assertion. However, it is noted that another gentleman admitted that
City Police already respond to emergency calls in the area, as we state in the Fiscal Plan. The
presence of City Police patrols in the annexation areas, in our opinion, demonstrates that the City
is providing some police protection in these areas, even now, and the addition of Police
personnel in the 2003 and 2004 city budgets indicates that the City is planning to enhance the
force to increase the patrol presence of the Department after annexation.
The formal addition of City Police service to the annexations areas is a clear and distinct increase
in the municipal services provided as a result of annexation.
Questions Regarding Water Service
Several citizens questioned the issue of water service. Much of the ter~tory being annexed is
located in the IWC service area. The City of Carmel is in the process of acquiring IWC assets in
the entire Clay Township area, pending the outcome of an engineering study. That engineering
study is now overdue, through no fault of the City of Carmel, however, there has been no
information circulated by any party that would indicate that Carmel will not be able to
implement the acquisition, once the study is complete. We consider that the existing delays in
implementation of this change in water jurisdiction will be concluded within the 3-year period
after thc effective date of thc annexation and that the City will be providing capital water service
to these annexation areas within that time.
It has also been projected that water utility rates would actually drop after Carmel acquires the
lines, but we specifically avoided that assertion in the Fiscal Plan, because the amount or the
surety of such a decrease is unknown at this time. It is true, however, that if the IgVC water lines
were converted to Carmel control at this time, there would be a substantial reduction in the
monthly water bills to residents in these areas.
It is possible that the prospect of reduced water rates could be considered a part of the 'additional
services' that were referred to, above. The City had expected to have the IWC deal
consununated already, and if that had happened, it would be more appropriate to show reduced
water rates as a partial offset against higher property taxes, but that is not the case at this time.
Addendum to Fiscal Plans in Response to Public Hearing Comments 7
At the time that the City of Carmel acquires the water line assets inside of Clay Township, the
City will be able to unilaterally provide water s~vice to any areas currently unserved and will do
so in accordance with the utility's policies for extension of such service (which have been
recently modified to be more favorable to the residents). Unless the fiscal situation changes
dramatically after the IWC assets are acquired, however, it is likely that the annexation will
result in reduced water rates for customers in these annexation areas.
Questions Regarding Sewer Service
Several citizens also questioned the provisions for sewer service in the event of annexation. At
this time, the annexation areas are mostly within the sewer service area of the Clay Regional
Waste District (CRWD), however, CRWD is authorized only to provide sewage collection,
without sewage treatment and discharge. The City of Carmel provides sewage treatment and
discharge for CRWD in these annexation areas. It is clear that without the provision of sewage
treatment and discharge, CRWD could not provide services in these areas. It is also clear that
CRV~D monthly sewer charges are higher than those of the Carmel Sewer Utility.
We wish to note that the City of Carmel has made overtures to the CRWD regarding both
outright acquisition of CRWD and also regarding a merger with CRWD. It has been the publicly
stated intent of the leadership of Carmel that the combination of the two corporate entities would
result in "the best possible service at the lowest possible cost" to residents of these areas.
Currently, sewer charges within CRWD are 15%-25% higher than the charges of the City of
Carmel. The City continues informal discussions in regard to some form of combination of the
utilities.
However, at the current time, CRWD is responsible for providing sewer service in a substantial
portion of the annexation areas, and within these areas, the City has no authority to provide such
service. Such is the nature of legal jurisdiction.
We fully expect that the issue of combining the two sewer service utilities will ultimately
become reality. The merger simply makes too much sense to be rejected, and it is in the best
interests of the residents served by both utilities. However, until that takes place, the City of
Carmel will continue to treat the sewage that is collected by CRWD, but it will not be in a
position to provide sewage collection in these areas without the permission of the CRWD.
Regarding sewer/water fees on unimproved land: I believe that it is the policy of the city that the
sewer and water fees accrue to those receiving service.
Regarding Street Services: City will attempt to address street issues in each of the areas and
develop comprehensive answers, such as the improvements proposed for US highways such as
Meridian and Keystone. These services are important, although the importance of them can
easily be dismissed. Highway and street improvement funding is a top priority of the City, and it
is important to have legal jurisdiction over the streets which the City is requesting funding to
improve. However, I can personally tell you that I have often traveled from my home in
Indianapolis to Carmel and Westfield, and I can tell you that the Carmel Street services are the
Addendum to Fiscal Plans in Response to Public Hearing Comments 8
best in the area. The guy responsible for that superior performance is named Dave
Klingensmith.
Questions Regarding Street Lights & Traffic Signals:
There was one question regarding the provision of street lights and the possibility of installing
traffic signals at one location in the annexation areas. This represents one of the lesser
understood benefits of annexation. The City does not offer street lights as a capital service of the
City. The city's annexation policies clearly state that street lights in Carmel have been provided
as development standards, and vary from subdivision to subdivision. In some cases, however,
the city does consider specific petitions from residents with regard to street lights in situations
where there is a question of public safety. This service must be understood as being extremely
limited. The County does not provide street lights, at all, except in the case of major
thoroughfare projects.
However, the municipal services of the Carmel Street Department do specifically include the
monitoring of intersections and the planning, design and construction of roadway improvements,
including traffic signals, in warranted areas within the city. Therefore, one of the non-capital
services provided through annexation will be the consideration of the various intersections within
the annexation areas and to initiate the planning, design and construction of traffic signals in
areas which meet the requisite criteria. This is a service that the county does not provide in
developed subdivisions.
This should not be construed as a guarantee that a traffic signal will be installed at any location.
However, it is a commitment that the City of Carmel Street Department will consider installing
traffic lights where conditions warrant such an installation, as a non-capital service of the City.
Therefore, the consideration of a traffic signal in any location will be a service provided within
the first year after the effective date of annexation, if not before that time.
Question Regarding 'Needed & Can Be Used' Clause
The public testimony questioned the validity of the statement contained in the Fiscal Plan
asserting that the armcxation territory is 'needed and can be used' for the growth and
development of the city in the future. This statement was made in direct response to statutory
requirements.
In the cases presented by the annexation areas of C-257, 258, 259 and 260, each territory is
already largely developed, and the city is either providing services to the area, or is capable of
providing services to the area. As explained extensively in the Fiscal Plan and in the Annexation
Policies, the City of Carmel and Clay Township have long cooperated in funding and providing
municipal services, with the specific intent of the City to provide for orderly growth by sharing
services through formal joinder agreements. The Annexation Policies state clearly that it is the
intent of the City of Carmel to incorporate virtually the entirety of Clay Township, eventually.
The fact is that these annexation areas were anticipated for annexation long before the Fiscal
Plan was written. The intent of the joinder agreements was to enable growth and development to
Addendum to Fiscal Plans in Response to Public Hearing Comments
be of exceptionally high quality over a long period to assure that the entire Carmel Metropolitan
Area would grow effectively.
This intent has largely become reality. The City Council now feels it is tirne to bring these older
areas, as well as newly developed areas in western Clay Township, under a municipal
government jurisdiction. Commensurate with that course of action, the City and the Township
have begun to make changes of policies with regard to joinders which will eventually enable the
joinder agreements to be phased out (when the entire area is incorporated into the City of
Carmel). Without the intent to make the entire area part of the City, there would be little
practical use for the City's action to acquire the assets of Hamilton Western Utilities, nor to
acquire the assets oflWC, nor to consider merging with CRWD. (Please note that Hamilton
Western Utilities and DVC are for-profit utilities, while Carmel Utilities is a public utility, which
is constrained from for-profit operations and billing systems. Therefore, if Carmel were to refuse
annexation of these areas, the water revenues would be higher.) All of Carmel's actions are a
part of the same central motive, to integrate the whole of Clay Township under one local
government. As such, considering the planning, administration, services provided, and capital
investment made by the City, it is clear that the annexation areas are 'needed and can be used' by
the city for its growth and development.
Questions Regarding Sidewalks
The City of Carmel specifically defines sidewalks as a 'development standard,' rather than a city
service because when new developments were approved in the past, some subdivisions were
approved with sidewalks and some were not (at the option of the developer and the homeowner).
In both of those cases, the homeowner was responsible for paying for the sidewalk, and even
now it is possible for homeowners to obtain sidewalks through Barrett Law. In all cases, it is the
responsibility of the homeowner to pay for such improvements.
The City has no interest in creating bad will by condemning land for sidewalk construction, and
by disrupting areas with long term construction projects. However, there are certain limited
situations where the City will consider adding sidewalks in certain areas with a special need, and
once the annexation is complete, residents will be eligible to avail themselves of this service.
Addendum to Fiscal Plans in Response to Public Hearing Comments 10
Mr. Mark Ratterman
Clay Regional Waste District
10701 North College, Suite A
Indianapolis, IN 46280
Dear Mr. Ratterman:
RE: Sewer Service to Annexation Areas
In connection with your service as a City Councillor-elect, as well as a Board Member of the
Clay Regional Waste District, you are no doubt aware that the City if Cannel is engaged in an
extensive annexation program. On July 21, 2003, the City Council held four public heari~hgs on
the annexation of four separate areas, with several of the areas being located south of 116
Street, between Keystone and Meridian.
There were several comments/questions offered at the public hearings related to sewer service in
these areas. In further review of the sewer service situation inside of these areas, the City
Council would like to kmow if the CRWD is interested in discussing the development of some
special policies for providing sewer service to some isolated subdivisions within these
annexation areas, which heretofore have not availed themselves of sewer service. If there is
interest on the part of CRWD to provide sewer service in these areas, the City would appreciate
clarification of that interest.
Otherwise, the City would like to discuss the possibility that the City would construct collection
sewers within the areas which are currently unserved by CRWD, under City sewer utility
policies. Further, the City would propose that CRWD allow these homes to become part of the
Carmel sewer utility, meaning that the City of Carmel would be responsible for billing these
customers, and for maintenance of the lines constructed by the City.
We fully realize that such an arrangement would be a departure from the normal policy of either
utility, but we feel that such discussions are necessary to resolve issues introduced during the
annexation process. We feel that we owe it to our constituents to be creative in this matter.
Please feel flee to call me in this regard with any preliminary questions or comments, but our
true intent is to determine whether the CRWD Board would consider such a proposition.
Sincerely,
Addendum to Fiscal Plans in Response to Public Hearing Comments