HomeMy WebLinkAboutC-212 USTA/Five Seasons, As AmendedSubject to final accep n ¢ for
O~INANCE NO. C-212
Pamel AS AMENDED
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 term planning benefits the City of Cannel ("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 Cannel, 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 20 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
200200079579
Filod fo~ Reco~d in
HAMILTON COUNTY, INDIANA
MARY L CLARK
10-23-2002 03:39 pm.
ANNEXATION 21.00
SPONSORED BY:
COUNCILORS SNYDER, WILSON
AND KOVEN
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 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.
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SPONSORED BY:
COUNCILORS SNYDER, WILSON
AND KOVEN
SSEDby the Common Council of the City of Carmel, Indiana, of
this
day
,2002, by a vote of 7 ayes and /57 nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
/~es~ing 0fficeff' ~ , , ~ ~"
W~ne WJ son, ~resi~ent Pro Tempore
~real!~ ~~
~E. C~er
/
ATTE~q~
Diana r
~ Presented by me to the _M~yor of the City of Carmel, Indiana this ~(_ day of
/~c~ , ,2002, at c~.~P.M.
Diana L. Cordray, IAMC, C~erk-Treas~er
Approved by mc, Mayor of the City of Carmel, Indiana, this ~day of ~ ,
2002, at _,~ ~ P.M.
Brainard, Mayor
ATTES~c:~ /-j
Diana L. Cordray, IAMC, ~lerk-Trea~.~er
Prepared By: Sue A. Beesley
Bingham McHale LLP
1100 Chamber of Commeme Bldg.
320 N. Meridian Street
Indianapolis, Indiana 46204
279411
EXHIBIT B
LEGAL DESCRIPTION
REVISED LEGAL DESCRIPTION (C-212~
Part of the Southwest ~e~o_f $gqti0~ 1~¢,=T9 ~wn~hio 17 North. Ranee 3 East. Clav TownshiE, Ham~!!~o County,
Indiana, being more particularly described as follows:
B~ginning; at the t>oint of intersection of the south boundary of Hamilton County__(at 96th Street) and the eastern
boundary ofnarcel number 17-13-12-00-00-010. as shown on Hamilton County man number 13-12-00~
then proceeding~astward=al0ng the southern bounda~ of Hamilton County to its point of intersection with the
squth~ght~f way line of 1-465 (the rieht of way of~-4~5 being the current boundary of the incorporated city of
Carmel),
th~&turning northwestward and nroceed ne a one the southern:rjght of way line of 1-465 to the noint of intersection
with the western boundary &parcel 17-13-12-00-00-007.002, as shown on man number 13-12-00 at the northwest
corner of said parcel,
then proceedine southward alone the western boundary Q£ parcel 17-13-12-00-00-007.002 to the northwest corner of
p~rce! number 17-13-12-00-00-010 ~(coincident with the corporate boundary ofth~ C~ty of Carmel).as shown on
Hamilton County m~p number 13-12-00~
then proceedine eastward alone the northern boundary of narcel 17-13-12~00~00:010 (coincident with the corporate
boundary of the City of Carmel)to the northeast comer of said parcj!~ as shown on Hamilton Count,/. mapzu~bey
13-12-00.
the proceed~g sggt_h)~!~gK~the eastern boundar~ qf parcel 17-13-12-00-00-010 (coincident with the co_~orate
bo~d_~ry~f the City of Carmel)_t_he~i~ 0f.~gi_n~i_ng, containine 20 acres, more or less.
and including all road right of way inside Hamilton County wlfichjs_adjacent to these boundaries which was not
previously annexed by the Ci~ of Carmel.
27941}
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