HomeMy WebLinkAboutCC-09-07-04-03 As Amended Fiscal Plan/C-265SPONSOR: Councilor Glaser
RESOLUTION NO. CC-09-07-04-03
(PREVIOUSLY CC-08-16-04-03)
AS AMENDED
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-265
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-265 (the "Annexation Territory"); and
WHEREAS, pursuant to Resolution No. 06-21-04-02, this Council adopted a written
fiscal plan and definite policy for a territory which included the Annexation Territory; and
WHEREAS, with the amendments provided herein, the written fiscal plan and definite
policy is acceptable and appropriate for the Annexation Territory; and
WHEREAS, the written fiscal plan and definite policy as amended herein complies with
the requirements of Indiana law to provide services of a noncapital nature to the Annexation
Territory 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 corporate
boundaries, regardless of similar topography, patterns of land use, and population density; and
WHEREAS, the written fiscal plan and definite policy as amended herein complies with
the requirements of Indiana law to provide services of a capital nature to the Annexation
Territory within three years after the effective date of the annexation in the same manner those
services are provided to areas within the 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 Council of the City of
Carmel, Indiana as follows:
Section I. The above recitals are incorporated herein by reference and shall be deemed
part of the written fiscal plan and definite policy.
Section II. Solely as applied to the Annexation Territory, the fiscal plan and definite
policy adopted by Resolution No. 06-21-04-02 is revised and amended as follows:
While this Council has indicated that it might be willing to enter an
interlocal cooperation agreement with the Town of Westfield for water
and sewer service for the area covered by Ordinance No. C-262, it is
unwilling to do so for the Annexation Territory. The City hereby levels its
objection to service by Westfield within the Annexation Territory if the
Annexation Territory becomes part of the City. The fiscal plan and
definite policy is amended to provide that the City will extend water and
sewer lines and will provide water and sewer service to the Annexation
Territory upon request following the effective date of the annexation.
The current annexation is pursuant to Ind. Code § 36-4-3-5.1, rather than
Ind. Code § 36-4-3-4.
C. The density of the Annexation Territory is greater than 3 persons per acre.
Since the Annexation Territory is already developed, there is likely no
need for the planning services described in the fiscal plan.
Except for the water and sewer departments, the extension of services to
the Annexation Territory is not expected to cause any material cost
increase for any departments. For the water department, the estimated
capital cost is $45,000. For the sewer department, the estimated capital
cost is $100,000. For both departments, these costs are expected to be
fully funded through ongoing rates and charges.
The effective date of the annexation will be thirty days after the adoption
and publication of Ordinance No. C-265.
Section III. Other than as amended herein, the Common Council of the City of Carmel,
Indiana hereby adopts the materials set forth in the written fiscal plan and definite policy as
adopted by Resolution No. 06-21-04-02 for the Annexation Territory.
Section IV. 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 V. 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.
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PASSED by the Common Council of the City of Carmel, Indiana, this c/ day of
T_grm~4-h-, 2004, by a vote of 5 ayes and C) nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
fresiding Officer
Ronald E. Carter, President Pro Tempore
Rict~ard'L. ~'~'ar~
ATTE~x_~ ~t~reasurer
Diana L. Cordray, IAMC, CLX/.
Presented by me to the Mayor of the City of Carmel, Indiana this ~44, day of,..~~004,
at cl;qB /~..M.
~"'~^~Clerk ;easurer
Diana L. Cordray,
Approved by me, MayoroftheCityofCarmel, Indiana, this~+k dayofr -t ~ ' ~004,
at Cl:t40 A.M.
~:s Brainard, Mayor
ATTES~4~. ~
Diana L. Cordray, IAM~asurer
Prepared by: Nicholas K. Kile
Barnes & Thornburg
11 South Meridian Street
Indianapolis, Indiana 46204
INDS01 NKK 696931vl
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