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Home My WebLink AboutC-246 Upwards, As Amended9ULY ENT~:RED FOR TAXATION G Subject to final acceptance for transfer , day.of _..c¢,-r~ __ ,20 °._~.% ,~ ~,~ ~ Auditor of Hamilton Cou~ Parcel ~ ORDINANCE NO. C-246 AS AMENDED SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON 200300041877 Filed fo~ Reco~d in NAMILTON COUNTY. INDIANA JENNIFER J HAYDEN 05-01-2003 At 03:1~ pm. ANNEXATION 22.00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ANNEXING CERTAIN TERRITORY TO THE CITY OF CARMEL, INDIANA, PLACING THE SAME WITHIN THE CORPORATION BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF CARMEL WHEREAS, well defined long term planning benefits the City of CarmeI ("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 W-I-IEREAS, the Annexation Territory consists of approximately 0.63 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 armexed areas; and WHEREAS, prior to the publication and issuance of notice of public hearing, this Council, by resolution, will adopt 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 WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a noncapital nature 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 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a capital nature 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 consisted with the annexation policy previously adopted by this Council; and WHEREAS, prior to the final adoption of this Ordinance, the Council will have conducted a public hearing pursuant to proper notice issued as required by law; and WHEREAS, the Council finds that the annexation 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 reference as though fully set forth herein below. In accordance with I.C. 36-4-3-4, the Annexation Territory is hereby annexed to the City of Carmel and thereby included within its corporate boundaries pursuant to the terms of this Ordinance. 3. The Annexation Territory is assigned to Carmel Common Council District No. 1. 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 juhsdiction, such declaration shall not affect the remaining portions of this Ordinance. This Ordinance shall be in full force and effect from and after the date of its passage and signing by the Mayor and such publication and recordation as is required by law. PASSED by the Cormmo0~ Council of the City of Carmel, Indiana, this /t~'day of JVtNo_rt~r~, 2002, by a vote of ~} ayes and 19 nayes. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL Wayne Wilson, President Pro Tempore ~~attreall Carter Kevin Kirhv f/x ATTEST: Diana L. Cordray, tJ24~j Qlerk-Trga~u~er '~,1 Presented by me to the Mayor of the City of Carmel, Indiana th~x~J~~ day of ! ('}/~q{}31 ~, 2002, atJ] :~.M. ~u~ ~e~-~i~a L. Cordray, ~Clerk-~}urer ,. Approved by me, Mayor of~e City of C~el, Indi~a, this~ day of ff~F , 2002, at//' ' ~.M. J~ Brained, Mayor ATTEST: Di~a L. Cordray, ~C~rk-Trea~~* & ~ .epu~ ~ for Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, 1N 46204 ST EXHIBIT B LEGAL DESCRIPTION RE~ ISED LEGAL DESCRIPTION-ANNEXAFION ORDINANCE C-246 Part of the No,west Q~ter of Section 24, To~hin 18 NoOh, Range 3 East in Clay Township, Ha~lton CountB [ndi~a, being more pa~icul~lv described as follows: Beginning at ~e po~t of intersection of the noNheast corner of P~cel 01709240000009001 and the west fight of ~av line of Ro~er Road, · en proceeding westw~d along the nor~ern boundaries of parcel ~1709240000009001 and ~1709240000009005 and ~e southern bounda~ .~f_g.b~_~daL.l,g~¢_...~gb~i~Jsion, . t~jhe no~hwest comer_~( s~i~ ~r~l ~!~.Q~g40~00~Q0~_~ n~ent ~it ~ ~_co~.~rat~ )~m ts of the Ci~ of Carmel), !~yocee~fl~g southward along ~e western b~und~ ofp~cel ~1709240000009005, and ~e the Cedar Lake subdivision, to the sou~east comer of said parcel ~1709240000009005 then proceedin5 eastward alog& ~e sou~em ~o~d~ies of~arcel ~1709240000009005 an~ ~1709240000009001 sa d point beigg located on the west fig~t of waz line of RoNer Road (~oi ~c dent with the then proceeding northward along the eastern bonnd~V of parcel 01709240000009001, ~d along ~e west right ~'ay line of RoNer Road= to ~e point of beginnino (co~cident ~ the co¢orate li~ts of fl~e Citv_o~Ca~el~ containigg 0,63 acres more or less. This annexation includes the following parcels: 1709240000009001 1709240000009005 No additional right of wa'/is included in this annexation.