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HomeMy WebLinkAboutC-216 96th & White River, As AmendedDULY TAXATIOI Subject to final ac ptan for transfer of , 20 ~& ~ Audaor 0f Hamilton C~n~ O~INANCE NO. ~-216 AS ~ENDED Parcel SPONSORED BY: COUNCILORS SNYDER, WILSON AND KOVEN 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 tertn plarming 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 220 acres; 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 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 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 200200079575 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK 10-23-2002 03:39 ANNEXATION 21.0o SPONSORED BY: COUNCILORS SNYDER, WILSON AND KOVEN 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. 5. 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. 2 · Rob -ea'fB at~Teall .-, I E. Carter ATTEST: Diana L. Cc(/dhv:.'lAlXiCf' lerk-Tre su/& ", SPONSORED BY: COUNCILORS SNYDER, WILSON AND KOVEN ~;(j././L~PASSED by the Common Council of the City of Carmel, Indiana, this of ~ ,2002, by a vote of (.0 ayes and () nays. COMMON COUNCIL FOR THE CITY OF CARMEL ~vra~r~e Willson, President Pro Tempore j. Presented by me. to the Mayor of the City of Carmel, Indiana this(_~]~/~(~day of ,2002, at4[~4 P.M. Diaha L. Cordr~, ~, Cle~-Tre~er ~ Approved by me, Mayor of the City ofC~el, Indi~a, ~is~of ~ ~ ~002, at ~ P.M. Z.. ~e~ain~d, Mayor ATTEST: Diana L. Cordr~,lA491C, Cle~k-Trea~sur~ *- ~] Prepared By: Sue A. Beesley Bingham McHale LLP 1100 Chamber of Commerce Bldg. 320 N. Meridian Street Indianapolis, Indiana 46204 280691 3 5B WHITE Moo 96TH WHITE 0 0 / BRIS WHITI EXHIBIT B LEGAL DESCRIPTION .... ~'~ ~*~ .... ~1~' ef Clay Township, REVISED LEGAL DESCRIPTION (C-216J Part of the East Half of Section 4; part of the West Half of Section 3; and part of the East Half of Section 9, all in Township 17 North, Range 4 East and part of the Southeast Quarter of Section 33 and the Southwest Quarter of Section 34 in Township 18 North, Range 4 East, Clay Township, Hamilton County, Indiana, being more particularly described as follows: Beginning at the point of intersection of the east right of way line of Hazel Dell Parkway and the north boundary of the City of Carmel Wastewater Treatment Plant, then proceeding ~enerally northward, along the east right of way line of Hazel Dell Parkway to the point of intersection with the south right of way line of 116th Street (coincident with the corporate limits of the City of Carmel), then eastward, along the south right of way line of 116th Street to the point of intersection with the southern extension of the East Line of Section 33, Township 18 North, Range 4 East and West Line of Section 34, Township 18 North, Range 4 east (coincident with the corporate limits of the City of Carmel), then directly north along the aforementioned section line to the north right of way line of 116th Street (coincident with the corporate limits of the City of Carmel), then eastward alon~ the north right of way line of 116th Street to the point of intersection of the eastern boundary of Clay Township (generally considered to be the low water line on the west bank of the White River), then southward, along the eastem boundary of Clay Township to the point of intersection with the northern boundary of the City of Carmel Wastewater Treatment Plant, then westward, along the northern boundary of the City of Cannel Wastewater Treatment Plant (coincident with the corporate limits of the City of Carmel) to the point of beginning, containing 220 acres, more or less, and including all road right of way inside Hamilton County which is adjacent to these boundaries which was not previously annexed by the City of Carmel. 280691