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HomeMy WebLinkAboutC-247 Dapper, As AmendedFOR TAX,.,,OI'i d. Subject to final acceptance for tra f l' \ dayof ,,~ ~ ~ AwJitor of Harailton Parcel # ORDINANCE NO. C-247 AS AMENDED 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 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON 200300041878 Filed for Record in HAMILTON COUNTY, INDIANA JENNIFER J HAYDEN 05-01-2003 At 03:14 pm. ANNEXATION 22.00 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 Tenitory consists of approximately 0.93 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, 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: 1. The above recitals are incorporated herein by reference as though fully set forth herein below. 2. In accordance with I.C. 36-4-3-4, the Annexation Territory is hereby annexed to the City of Cannel and thereby included within its corporate boundaries pursuant to the terms of this Ordinance. 2002, by The Annexation Territory is assigned to Carmel Common Council District No. 2. 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. 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 Common Council of the City of Carmel, Indiana, this/~%day of a vote of 2.~ ayes and I~ hayes. 2 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL Wayne l~ilson, President~'~"~'~°' irPro Tempe p ~Id E. Carter ATTEST: Diana L. Cor~ra~,OAM~,, Clerk-Tffdasurer ~S..8'l~yder k~/(~/ P!:esenCd by me to the Mayor of the City of Carmel, Indiana thisk~day of ~_~ 1~/, 2002, at l! :~ ~ .M. ~Approved by me, Mayor of the City of C~el, Indi~a, this~} day of_~ ~t~ , 2002, J~es Brained, Mayor ATTEST: Diana L. Cor&ay, Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, IN 46204 51' C IIITPE ST EXHIBIT B LEGAL DESCRIPTION REVISED LEGAL DESCRIPTION-ANNEXATION ORDINANCE C-247 Part of the Northwest Quarter of Section 24, Township 18_North, Range 3_ East in Clay T_ownslgp~ Ha~!tor,_Cguntv, I_n_d~h.n_a~.b~n~m_c?r_e particularly described as follows: Beginning at the point of intersection of the northeast comer of Parcel #1709240000005000 and the west right of way line of Rohrer Road, then proceeding westward along the northern boundary of parcel #1709240000005000, and along the southern boundary of the Cedar Lake subdivision, to the northwest comer of said parcel #1709240000005000 (coincident ~ith t~_e_ corporate limits of the City of Carmel), then p!x)ceeding southward along the western boundary of parcel ~1709240000005000, parcel #170924000000400~ to the southwest comer of said parcel #17092400000005000 £coi~c dent with the ~Fg o_r ~.e.. l imit_s~ of th_e.?~.Y..9 f C ~_nn~!~_, then proceed ng eastward along_ the sot them boundar~ of parcel # 1709240000005000~ and along the northern boundarx of parcel #170924000000300.Q~ to the southeast comer of parce #1709240000005000~_said point being then proceeding directly eastward across the west half r~.g_ht of way of Ro ~rer Road to a l~oint on the centerline of Ro_lyer .R_ga~.~9incident with the cor~_oraLe_.l_i_mi_'_ts__o~f t_l~e C~-tx.9-f-~arrg-e~, bhe_nj!rqc~.e_e~d_in~_g_o_r~th~ya~r_d, alon~ the centerline of Rohrer Road to a~ point_..d~ir_~_c~flD,~_~.a~s_(~.f J_h~..ggrt_he~ast_.¢o~m~e~r _of mr.c.._eL1 Z.0__9~00QgOO_5.900 (coincident with the corporate limits of the th~n~p~r~ceed_i_n_g ~.i_rect_ly westward to the northeast comer of parcel # 1709240000005000~hich i.s also the point of beginninc, (coincident with the corporate limits of the City of Carmel), containing 0.93 acres more or less. This annexation includes the following parcels: 1709240000005000 T_h_e_ fo~llowing right of way is included in this annexation: The_w_¢st half__right of way of Rohrer Road.