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HomeMy WebLinkAboutC-238 Martin, As AmendedDULY'ENTERED FOR TAXATION - Subject to final acceptance for transfer .,, ,~,~. ~ Auditor of Hamilton Count~ Parcel Cf.. ORDINANCE NO. C-238 AS AMENDED SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON 200300041874 Filed fop Record in HAMILTON COUNTY. INDIANA SENNIFER J HAYDEN 05-01-8003 At 03:14 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 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 0.96 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 topogxaphy, 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 Armexation 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 Carmel and thereby included within its corporate boundaries pursuant to the terms of this Ordinance. 3. The Annexation Tewltory is assigned to Carmel Common Council District No. 4. 4. 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. 5. 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/(~!hday of _K]~'trd-~C, 2002, by a vote of_~_~ ayes and (~ nayes. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON COMMON COUNCIL OF THE CITY OF CARMEL Wayne Wilson, President Pro Tempo nald E. Carter - - ATTEST: Diana L. Cordra~d, ~, Clerk-Zt~e~su ~elmty Clerk~or . a/' Presented by me to the Mayor of the City of Carmel, Indiana this ~ day of ~,~J~/0¥0Ygl/J_~, 2002, at 11'~ ~.-.M. Dqm~¢lerk~la' DianaL. Cordray,~lA~5lC_,~Clerk-Treasurer _ Ap@roved by me, Mayor of the City of Carmel, Indiana, this ~/ day of //~/~ ~,,2002, J)~es Brainard, May ATTEST: Diana L. Cordra~, IAxN~, Clerk-T~ea'sur~r Carrie A. Gallagher, Dqm~' O~rk for Prepared by: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, 1N 46204 · ~ ST C'~39 P,'o~s~ Anne,~ EXHIBIT B LEGAL DESCRIPTION REVISEI) LEGAL DESCRIPTION-ANNEXATION ORDINANCE (]-238 Pm1 or' Q~e Sontheast Quarter of Sect on 33, Tow ~ship 18 No~th. Range 4 East in Clay Towns~ip. ~amilto~ Co~ ~ty, lud[ana, be ~ ¢ more particularly described as follows: of parcel ¢1710¥300 )0014000. sa d point being located on the west ~ing at tl~e southeast comer - ~ of way line of Hazel Dell P~kway and the north right of way line of East 116~h S~eet {comcideul with cc2rporate bouudaries of the City of Carmel), ~ceeding westward akmg ~}~e southern boandarv of parcel ~ 17103300000140(}0, aud alou&thc no~h ~ht of way line of East 116 Street, to the so~[hwest core,er of said parce~ #1710330000Q14~) ~ the tx)r orate boundm~ies of the Cit~ of C~rmel), the western boundary of~0330000014000, and alone thc ~din~ nor~hward~ ng boundary of ~cel #1710330...__(00015000 to th~ northwest corner ot~said ~ #171033000014000 ~cxdent~orate boundaries of the Ci v of Carmclk ~ard ak)n~ thc uortheru bou~d~y ot~ parcel #1710~30000014000. aud a~ southern b~tu~dar~ oF tl~e 7ownhomes at .Hazel D~ll, to the uortheas~ comer oF saic~ parce~ ~1710330000014Q00. s~oint be~located o~the x~:es~ right of~'ax line of Haz~[ Deli Park~a~ -~nt ~Gfl~ the coiporate lmfits of the City of Carmel)~ ~ceedinv southw~d along the eastern boundary of parcel ~1710330000014000 and alon~ the wes~ ~of wa~ of H~el Dell Parkway. to the southeast corner of sa~'cel ~ 1710330000014000 and lj~e point of beo inning&coincident with tl~e corporate li!ni~s of the C~' of C~melL cominin~ 0.96 more~r less: This~nnexatioz~includes th~ lbllowi~g parcels: 171033000 )~ 400Q ~nM ff~zh~'a: is included in this an~exation~