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HomeMy WebLinkAboutC-207 West Clay DEFEATED SPONSORED BY: COUNCILORS CARTER AND BATTREALL ORDINANCE NO. C-7 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY CARMEL, INDIANA, TO THE CITY OF CARMEL, INDIANA, PLACING THE SAME THE CORPORATE BOUNDARIES THEREOF AND ;AME A PART OF THE CITY OF CARMEL WHEREAS, residents living outside the Clay Township, Hamilton County ("CWIC") have appeared before this Council and limits of the £ 'C Council . Ordinance; and WHEREAS, CWIC other interested citizens and communit' [pproximately twenty- mincorporated Clay Township plus WHEREAS, C~VIC interested in having a voice neighborhoods, such as land us, that Clay Township residents are vitally issues affecting their homes and WHEREAS, the the provision of municipal services, such as snow ; and defined) 2020 their overall objectives roads and 58 feet for consistent with the .. the land use with the Annexation Territory (hereinafter which preserve in general, a "Countryside Residential Residential Intensity goals as enumerated in the Carmel Clay and that roadways and thoroughfare planning have as widths of 98 feet for four lane roads, 75 feet for three lane lane roads all with a goal of level of service C. Roadways should be objectives suggested hereto; and the residents desire that the natural landscape, resources, and aesthetic beauty Territory (hereinafter defined) be preserved to the extent feasible in connection with the '~f municipal services, such that the planning and construction of ,ystems therein should be undertaken so as to preserve, protect and/or restore trees, flora fauna, consistent with applicable federal, state and local laws, prudent planning, fiscal and the input of the affected residents; and / WHEREAS, this Council understands and, in principle, favors the desires of the residents in the Annexation Territory (hereinafter defined); and SPONSORED BY: COUNCILORS CARTER AND BATTREALL WHEREAS, CWIC has pursued over the course of the past three years various options to achieve these important objectives, including incorporating a new municipality and lobbying for legislation which would allow the establishment of overlay zoning, which options have proven unsuccessful; and WHEREAS, after careful consideration and deliberation, CWIC' s members have concluded they wish their territory to be aunexed by the City of Carmel pursuant to IC 36-4-3-4 and the terms and conditions set forth herein; and WHEREAS, CWIC has conducted ten public meetings over the course of the last two years in their neighborhoods and has found little or no opposition to annexation pursuant to the terms and conditions set forth herein; and WHEREAS, as of the day this Ordinance is introduced, a legal description of the territory sought to be annexed is attached hereto as Exhibit A (the "Annexation Territory") and a map thereof is attached hereto as Exhibit B; and WHEREAS, as of the day this Ordinance is introduced, the Annexation Territory is comprised of approximately 8,186 acres, as revealed in Attachment B hereto; and WHEREAS, the Annexation Territory will exclude territory which becomes part of the City of Cannel as a result of any other annexation ordinances adopted by this Council after the introduction of this Ordinance but before publication of the notice of public hearing concerning this Ordinance, and Exhibits A and B will be amended accordingly; and WHEREAS, at least one-quarter (1/4) of the aggregate external boundaries of the Annexation Territory are contiguous to the corporate boundaries of the City, as revealed in the certification attached hereto as Exhibit C; and WHEREAS, the Annexation Territory is needed and can be used by the City for its development in the reasonably near future; and WHEREAS, responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of certain services to the annexed areas; and WHEREAS, prior to the publication and issuance of notice of public hearing, this Council by resolution has adopted a written fiscal plan and definite policy for the provision of services of both a non-capital and capital nature to the Annexation Territory; and -2- SPONSORED BY: COUNCILORS CARTER AND BATTREALL WHEREAS, the written fiscal plan and definite policy adopted by resolution provide for the provision of services of a noncapital nature (including police protection, fire protection, street and road maintenance, and other noncapital services normally provided within the corporate boundaries of the City) to the Annexation Territory within one year after the effective date of this 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, the written fiscal plan and definite policy adopted by resolution provide for the provision of services of a capital nature (including street construction, multi-use pathway construction, street lighting, sewer facilities, water facilities and stormwater drainage facilities) to the Annexation Territory within three years after the effective date of this 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 WHEREAS, the State Board of Tax Commissioners has confirmed to the City that, during the first budget year in which property taxes on the Annexation Territory will be included in the City's property tax levy, the distributive shares of Hamilton County Option Income Tax ("COIT") that each civil taxing unit within Hamilton County will receive will be based upon the property tax levy during the calendar year in which the distributive shares are to be paid, all as assumed inthe written fiscal plan and definite policy; and WHEREAS, the terms and conditions of this annexation, including the written fiscal plan and definite policy, COlT commitments, representation commitments, and the tax abatement program established herein, are fairly calculated to make the annexation fair and equitable to property owners and residents of the Annexation Territory and of the City; and WHEREAS, in order for the property tax abatement program adopted herein to be fair and equitable to property owners and residents of the Annexation Territory and the City, it is necessary to provide abatements for each of the parcels included in the Annexation Territory in the form of credits against a portion of the increase in property tax liability attributable to being including within the corporate limits of the City; and WHEREAS, the property tax abatement program for the Annexation Territory conforms with the necessary terms for such a program required by law; and -3- SPONSORED BY: COUNCILORS CARTER AND BATTREALL WHEREAS, the State Board of Tax Commissioners has confirmed to the City that, while under the property tax abatement program adopted herein the City will not collect its entire property tax levy (because of the property tax credits), the property tax credits/abatements will not reduce the size of the City's total property tax levy which is used for purposes of allocating other revenue streams (such as distributive shares of COIT), as assumed in the written fiscal plan and definite policy; and WHEREAS, it is necessary for an ordinance annexing territory to assign the territory to at least one Common Council district; and WHEREAS, prior to the final adoption of this Ordinance, the City will have conducted a public hearing pursuant to proper notice issued as required by law; and WHEREAS, this Council finds that the armexation requested by the residents of the Annexation Territory pursuant to the terms of this Ordinance is fair and equitable and should be accomplished: NOW, THEREFORE,.BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: The above recitals are incorporated herein by this reference as though fully set forth herein below. In accordance with IC 36-4-3-4, the Annexation Territory described in Exhibit A (as may be amended) is hereby annexed to the City of Carmel and thereby included within its corporate boundaries pursuant to the terms and conditions of this Ordinance. For the first three years following the effective date of the annexation, there is hereby established a tax abatement program applicable to property in the Annexation Territory described in Exhibit A (as may be amended). Pursuant to this abatement program, owners of all classes of property within the Annexation Territory described in Exhibit A (as may be amended) shall be provided a credit against the increase in property tax liability attributable solely to the increase in property tax rate from being included within the corporate limits of the City. The amount of the credit established by this abatement program shall be as follows: (A) Seventy-five percent of the increase in property tax liability in Year 1; -4- SPONSORED BY: COUNCILORS CARTER AND BATTREALL (B) Fifty pement of the increase in property tax liability in Year 2; and (C) Twenty-five percent of the increase in property tax liability in Year 3. As set forth herein, the total credits to be provided by this program will be determined from the incremental total property tax rate. Using current information, the credits provided by this abatement program would result in estimated reductions from the total tax rate for municipal purposes by the following percentages: thirty-one percent in Year 1, twenty percent in Year 2, and nine percent in Year 3. These percentages are only estimated reductions from the total tax rate for municipal purposes. The actual effective total tax rate for municipal purposes that will result from the credits against property tax liability provided herein will be determined from applying the percentages set forth in subsections (A) through (C) herein against the incremental total property tax rate resulting solely from being included within the corporate limits of the City. For a period commencing as of the effective date of the annexation established by this Ordinance and terminating December 31,2003, the City hereby commits that eighty percent of its increased distributive share of COIT receipts attributable:to the Annexation Territory described in Exhibit A (as may be amended) shall be used for capital or other operations located in or that otherwise directly benefit the Annexation Territory. The Annexation Area is assigned to Carmel Common Council District No. 1. Council districts for the next election will be established in accordance with the laws of the State of Indiana. The citizens of the Annexation Area who are eligible to vote will be provided the right to vote for the Common Council, Mayor, and other elected officials at the next scheduled municipal election after the effective date of this annexation and pursuant to the laws of the State of Indiana. The citizens in the Annexation Territory will have and enjoy all privileges and rights as other citizens in the City as of the effective date of this annexation. For a period commencing with the effective date of this annexation and terminating upon redistricting for the next municipal election, the City shall recognize the Annexation Territory when making appointments to all boards and commissions so as to provide the Annexation Territory representation. For a period commencing with the effective date of this annexation and terminating upon redistricting for the next municipal election, the City shall establish and maintain a five -5- SPONSORED BY: COUNCILORS CARTER AND BATTREALL member volunteer transition team to manage the inclusion of the Annexation Territory into the City upon the terms and consistent with the objectives set forth in this Ordinance and in the written fiscal plan and definite policy. The transition team shall also assist in communications with the citizens of the Annexation Territory and in the organization of needed meetings and announcements. The transition team shall be composed of three members appointed by citizens of the Annexation Territory, one member appointed by the Mayor, and one member appointed by the President of this Council. For a period commencing with the effective date of this annexation and terminating upon redistricting for the next municipal election, the City shall appoint, when possible, at least two homeowners' association officers or designated representative from the Annexation Territory as "citizen, non-voting members with floor privileges" to the following committees and boards: The US 31 Overlay Committee (in place as the Blue Ribbon Committee) The US 421 Overlay Zoning Committee Any and all special committees established by this Council that affect land use, roads and capital improvements within the Annexation Territory. 10. All prior Ordinances or parts thereof which may be inconsistent with any provision of this Ordinance are hereby repealed: The paragraphs, sentences and words of this Ordinance are separable, and if any portion hereof is declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance. 11. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such passage of time and publication as is required by law. "'D E FEAT~-b -~3i~,~,~ by the Common Co~cil of~e City of C~el, Indi~a, ~is ~day of ~~ .200~, by a vote of I ayes ~d ~ nays. -6- SPONSOREDBY: COUNCILORSCARTER AND BATTREALL COMMON C~UNCIL FOR THE CITY OF CARMEL Presented byme to lhe Mayor of the City of Carmel ~iana lhe ~ day of ~ ' 2000. /~,~a~.~~//' ~' ' ~' ' - Diana L. Cordray, IAMC, Clerk-~surer 2000. Approved by me, the Mayor of the City of Carmel, Indiana, this / 0 day oL '-'~, 7 ~mes ~rainard, Mayor ATTES,~.' . Diana L. Cordray, IAMC, Clerk-Tr~,4urer INDS01 NKK 358147vi -7- LAND DESCRIPTION City of Carmel Annexation (Includes the Village of West Clay Addition) Total Area = 8857.7 Acres +- October 17, 2000 Tract 1 Section 22, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana except the Northwest Quarter of said section, containing 477.3 acres, more or less. Tract 2 The West Half of Section 23, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana containing 322.4 acres, more or less. Tract 3 The Southwest Quarter of the Southeast Quarter of Section 23, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, containing 40.2 acres, more or less. Tract 4 Section 27, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, except the following area described in Annexation Ordinance C-173, approved by the Common Council of the City of Carmel, Indiana on May 2, 1994 and recorded in Instrument Number 9431418 in the Office of the Recorder of Hamilton County, Indiana, also Annexation Ordinance C-199, approved by the Common Council of the City of Carmel, Indiana on July 19, 1999 and recorded in Instrument Number 199909959183 in said Recorder's office, containing 518.2 acres, more or less. Tract 5 Section 28, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, containing 643.6 acres, more or less. Tract 6 The Southeast Quarter of Section 29, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, containing 155.0 acres, more or less. Tract 7 The East Half of Section 32, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, containing 304.7 acres, more or less Ed Sweetland Page 1 10/18/00 D52000\0195(C1TY OF CARlvlEL_ANNEXATION)'uNORM'S_DESCRIlYrlONS\0019 5D22(INCLUDES_V.WEST.CLAY).doc f [ ,~ Tract 8 Section 33, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, containing 647.8 acres, more or less. Tract 9 Section 34, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana containing 636.6 acres, more or less. Tract 10 Section 35, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, that lies west of U.S. Highway 31, except the following City of Carmel Annexation Ordinances: Annexation Ordinance C-136, approved by the Common Council of the City of Carmel, Indiana on January 16, 1989 and recorded in Instrument Number 8906023 in the Office of the Recorder of Hamilton County, Indiana also Annexation Ordinance C-137, approved by the Common Council of the City of Carmel, Indiana on January 16, 1989 and recorded in Instrument Number 8906026 in said recorder's office, also Annexation Ordinance C-138, approved by the Common Council of the City of Carmel, Indiana on January 16, 1989 and recorded in Instrument Number 8906022 in said Recorder's Office, containing 206.5 acres, more or less. Tract 11 Section 2, Township 18 North, Range 3 East, Clay Township, Hamilton County, Indiana, that lies west of U.S. Highway 31, except the following City of Carmel Annexation Ordinance's: Annexation Ordinance C-59, approved by the Common Council of the City of Carmel, Indiana on October 17, 1977, also Annexation Ordinance C-73, approved by the Common Council of the City of Carmel, Indiana on January 5, 1981 and recorded in Deed Record 164, pages 321-324 in the office of the Recorder of Hamilton County, Indiana, also Annexation Ordinance C~80, approved by the Common Council of the City of Carmel, Indiana on January 5, 1981 and recorded in Deed Record 174, pages 841-842 in said Recorder's Office, also Annexation Ordinance C-82 approved by the Common Council of the City of Cannel, Indiana on February 7, 1983 and recorded in Deed Record 174, pages 843-845 in said Recorder's Office, also Annexation Ordinance C-138, approved by the Common Council of the City of Carmel, Indiana on January 16, 1989 and recorded in Instrument Number 8906022 in said Recorder's Office, containing 180.5 acres, more or less Ed Sweetland Page 2 I 0/18/00 D:X2000\0195(CITY OF CARMEL_ANNEXATION)LNORM'S_DESCRI2TIONS\0019 5D22(INCLUDES_V.WEST.CLAY).doc Tract 12 Sections 3, 4 and 5 all in Township 17 North, Range 3 East, Clay Township, Hamilton County, Indiana, containing 1,948.2 acres, more or less Tract 13 Section 6, Townshipl7 North, Range 3 East, Clay Township, Hamilton County, Indiana, lying east of US Highway 421 except the tracts of land described in the following Instrument Numbers in the Office of the Recorder of Hamilton County, Indiana: 98- 04991, 99-37438, 96-11516, 96-48035, 96-51564, 99-45727,92-30706, 98-28340, 94- 22879, 93-24518, Deed Record 291 page 250, Deed Record 139 page 216, Deed Record 298 page 294, 98-72735, 99-33384, Deed Record 333 page 811, Deed Record 217 page 185,97-33225 and 93-19864 containing 317.7 acres, more or less. Tract 14 Section 7, Township 17 North, Range 3 East, Clay Township, Hamilton County, Indiana lying east of U.S. Highway 421 except the tracts of land described in the following Instrument Numbers in the Office of the Recorder of Hamilton Country, Indiana: Deed Record 350 pages 838-839, 98-02112, Deed Record 254 pages 45-48, 87-8618 and 97- 29900, containing 249.9 acres, more or less. Tract 15 Sections 8, 9 and 10, all in Township 17 North, Range 3 East, Clay Township, Hamilton County, Indiana containing 1,967.2 acres, more or less. Tract 16 Section 11, Township 17 North, Range 3 East, Clay Township, Hamilton County, Indiana lying West of US Highway 31, except the Annexation Ordinance C-178, approved by the Common Council of the City of Carmel, Indiana on November 17, 1994 and recorded as Instrument Number 9504536 in the Office of the Recorder of Hamilton County, Indiana containing 241.9 acres, more or less. Excluding any territory already within the City Limits of Carmel. Ed Sweetland Page 3 t0/18/00 D:k2000\0195(CITY OF CARIVIEL_ANNEXATION)kNORM'S_DESCRIPTIONS\0019 5D22(INCLUDES_V.WEST.CLAY).doc 'D_NII 'ONI,L"IflSNOD NYDI~I~'I~IV CERTIFICATION AS TO CONTIGUITY This is to certify that I have reviewed the legal description attached hereto as Exhibit A and the current external boundaries of the City of Carmel. At least one-fourth (1/4) of the aggregate external boundaries of the territory described in Exhibit A coincides with the current boundaries of the City of Carmel. //~e; A. Wu~rster INDS01 NKK 382088vl