Loading...
HomeMy WebLinkAboutC-188 Clay West As Amended No. c- 88 AN ORDINANCE OF qq:W~ COMMON COUNCIL OF ~ CITY OF CARMEL, INDIANA ANNEXING CERTAAN TERRITORY CONTIGUOUS TO THF~ CITY OF CARMEL, INDIANA. PLACING THE SAME WrrH IN THE CORPORATE BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE CITY OF CARMEL AND REDEFINING THE CORPORATE BOUNDARIES OF TBE CITY OF CARMEL. INDIANA, REFERRED TO AS THE CLAY TOWNSHIP ANNEXATION AREA (AS AMENDED FROM ORIGINAL PROPOSED ORDINANCE NO. C-188) WHEREAS, the property sought to be annexed is situated outside the corporate boundaries of the municipal City of Cannel, Hamilton County, Indiana; but at least one-eighth (1/8) of the aggregate external boundaries of the property sought to be annexed are contiguous to the corporate boundaries of the City of Cannel and at least sixty percent (60%) of the property sought to be annexed is subdivided; and WHEREAS, at least one-fourth (1/4) of the aggregate extemal boundaries of the property sought to be annexed are contiguous to the corporate boundaries of the City of Cannel and the territory sought to be annexed is needed and can be used by the City of Cannel 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 services of both a noncapital and capital nature to the annexed areas; and WHEREAS, Resolution 12-02-96-01(as amended) of the Common Council of the City of Carreel, Indiana provides for the adoption of a written fiscal plan, and definite policy for the-provision of services of both a noncapital and capital nature to the annexed areas. NOW THEREFORE, BE IT ORD_AINED by the Common Council of the City of Carrnel, Indiana, as follows: DULY ENTERED FOR TAXATION Subject to final q ~ Auditor ~ tlamiltop County Parcel # 9709707021 Filed for Record in HAMILTON COUNTY, INDIANA MARY L CLARK On 02-27-1997 At 10:58 am. ANNEXATION 31.00 Section I. In accordance with I.C. 36-4-3-1 et seq. which authorizes the Common Council of the City of Carrnel to declare and define the corporate boundaries of the City of Cannel, Indiana, said corporate boundaries are hereby extended to include said real estate known as the Clay Township Annexation Area, which real estate is more particularly described and attached hereto as Exhibit "A" and made a part hereof. Section 12[. The property sought to be annexed is situated outside the corporate boundaries of the municipal City of Carmel, Hamilton County, Indiana; but, according to the certification attached to Exhibit "A", at least one-eighth (1/8) of the aggregate external boundaries of the property sought to be annexed are contiguous to the corporate boundaries of the City of Carmel and based upon the report prepared by the Department of Community Services attached hereto as Exhibk "B", at least sixty percem (60%) of the property sought to be annexed is subdivided. Section 1211. According to the certification attached to Exhibit "A" , at least one-fourth (1/4) of the aggregate external boundaries of the property sought to be annexed are contiguous to the corporate boundaries of the City of Cannel and the territory sought to be annexed is needed and can be used by the City of Cannel for its development in the reasonably near future in order to provide for proper control of the growth of the City of Carreel, by allowing the City of Cannel to plan for and implement appropriate levels of fire, ambulance and police protection as necessitated by such growth, to provide for infrastructure and thoroughfare planning and implementation to accommodate such growth, and to eliminate' duplicate services and provide economies of scale in providing municipal services. Section IV. In accordance with I.C. 36-4-3'8.5, the property ownersin the Clay Township Annexation Area are hereby eligible for a two (2) year abatement on that portion of property taxes levied by the City of Carreel for municipal purposes following the annexation in the following manner: sixty-six percent (66%) of the taxpayer's liability for such taxes in the first year such taxes are levied shall be abated; thirty-four percent (34%) of the taxpayer's liability for such taxes in the second year such taxes are levied shall be abated. Beginning with the third year following the imposition of such taxes and each year thereafter, such taxpayers shall be fully liable and responsible for all taxes levied by the City of Carreel for municipal purposes. To receive the abatement, an eligible taxpayer shall not be required to submit any application or request to the City of Cannel unless the Hamilton County Auditor or Treasurer cannot automatically effect the abatement on the taxpayer' s tax statements. Section V. The above described annexation is done in accordance with I.C. 36-4-3-1 et seq. and that the City of Cannel has prepared a written fiscal plan and study on said annexation which plan has been adopted by the Resolution No. 12-02-96-01, as amended, of the Common Council of the City of Cannel, Indiana, as of the passage of this Ordinance. Section VI. The territory annexed by this Ordinance is assigned to Carmel Common Council District No. 1. Section VII. The sections, paragraphs, sentences, clauses and phrases of this Ordinance are separable, and if any phrase, clause, semence, paragraph or section of this Ordinance shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstimtionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance. Section VBI. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section IX2 This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor, publication and recordation according to law; provided, however, that if there is a sufficient remonstrance against the annexation as determined by a court of competent jurisdiction' which ultimately results in the annexation taking place (whether by court order or otherwise), (the "Final Determination Date"), the effective date of the annexation shall be the Final Determination Date, unless such date is after February 25m of a given calendar year, in which case the effective date of the annexation shall be the December 31 ~t next following the Final Determination Date. A~xn'D ADOF~.D by the Common Council of the City of Carmel, Indiana this~day of PAS~~ , 1996. COMMON COUNCIl, OF THE CITY OF ~ArtxMEL, INDIANA ATTEST: Diana L. Cordray, Clerk-Treasurer~ ' Presented to the Mayor ofthe City of Carrnel, Indiana this ~day o , ll)a~at 7: fith o'clock. ~ .~ --t' James Brainard, Mayor Diaria L. Cordrdir, Clerk- Exhibit A - pg. 1 of 6 Beginning at the point of intersection of the center line of 116th Street and the west fight of way line ofU. S. 31, thence westerly along said center line, said center line being concurrent with the present City of Carmel Corporate Limits boundary line, about 980 feet, thence southerly along said boundary line about about 780 feet, thence westerly along said boundary line about 450 feet, thence southerly along said boundary line about about 1100 feet, thence westerly along said boundary line about 20 feet, thence southerly about 1020 feet tO a point on the north fight of way line of 111 th Street, thence continuing southerly to a point on the south fight of way line of 111 th Street, thence easterly along said south right of way line, said fight of way line being concurrent with the present Corporate City of Carme[ Corporate Limits boundary line, to a point on the west fight of way line of US 31, said fight of way line being concurrent with the present Corporate City of Carmel Corporate Limits boundary line, thence southerly along said west fight of way line about 1900 feet, thence westerly about 360 feet along said boundary line, thence southerly about 360 feet along said boundary line, thence westerly about 90 feet along said boundary line, thence southerly about 150 feet along said boundary line, thence easterly about 30 feet along said boundary line, thence southerly about 150 feet to a point on the north fight of way Line of 106th Street, thence westerly about 160 feet along said fight of way line, said fight of way line being concurrent with the present Corporate City of Carmel Corporate Limits boundary line, thence southerly to a point on the south right of way Line of 106th Street, thence continuing southerly about 640 feet along the west parcel boundary of Thompson Consumer Electronics, said parcel boundary line being concurrent with the present City of Carreel Corporate Limits boundary line, westerly along said parcel boundary about 130 feet, southerly along said parcel boundary about 670 feet, westerly along said parcel boundary about 530 feet, southsouthwesterly along said parcel boundary about 350 feet, southerly along said parcel boundary about 780 feet, southwesterly along said parcel boundary about 280 feet, easterly along said parcel boundary about 180 feet, southerly along said parcel boundary about 235 feet, thence southwesterly along said parcel boundary about 150 feet, thence westerly along said parcel boundary about 400 feet to a point on the center line of Spring Mill Road, thence continuing westerly to a point on the west right of way line of Spring Mill Road, thence proceeding northerly along said west fight of way line about 140 feet to the south line of the north half of section I 0, township 17 north, range 03 east, thence westerly along said south line about one mile tothe center line of Ditch Road, thence continuing westerly to a point on the west fight of way line of Ditch Road, thence _northerly along said west fight of way line about one and 1/2 miles to the south dght of way line of 116th Street, thence thence thence thence thence thence thence thence Exhibit A F-- 2 of 6 thence westerly along said south dght of way line about l/2 mile to the center line of Hoover Road, thence continuing westerly along said south fight of way line to a point on the west fight of way line of Hoover Road, thence northerly along said west fight of way line about one and 112 miles to the south fight of way line of 13 1 st street, thence continuing northerly along said west fight of way line to a point on the north fight of way line of 13 1 st street, thence easterly along said north fight of way line about 1/2 mile to the west fight of way line of Ditch Road, thence northerly along said west fight of way line about one and 1/2 miles to the south fight of way line of 146th Street, thence westerly along said south fight of way line about two and 112 miles to the present City of Carreel Corporate Limits boundary line, thence southerly along said boundary line about 200 feet, thence westerly along said boundary line about 500 feet, thence sourhefty along said boundary line about 2000 feet, thence westerly along said boundary line about 900 feet, thence southerly along said boundary line about 150 feet, thence westerly along said boundary line about 1200 feet, to a point on the west fight of way line of Oak Ridge Road, thence southerly along said fight of way line about 450 feet, said fight of way line being concurrent with the present City of Carmel Corporate Limits boundary line, thence easterly along said boundary line about 1/2 mile to a point on the center line of Rohrer Road, thence continuing easterly along said boundary line about 300 feet, thence southeasterly along said boundary line about 1200 feet, thence westerly along said boundary line about 200 feet, thence northerly along said boundary line about 50 feet, thence westerly along said boundary line about 800 feet to a point on the west fight of way line of Rohrer Road, thence southerly along said fight of way line about 700 feet, said fight of way line being concurrent with the present City of Carmel Corporate Limits boundary line, thence easterly along said boundary line about 900 feet to a point on the west fight of way line of U.S. 31, thence northeasterly along said fight of way line about 600 feet, said fight of way line being concurrent with the present City of Carmel Corporate Limits boundary line, southeasterly along said boundary line about 300 feet to a point on the east fight of way line ofU. S. 3 1, thence continuing southeasterly along said boundary line about 300 feet, thence southsoutheasterly along said boundary line about 450 feet, thence southerly along said boundary line about 800 feet to point on the center line of 136th Street, also known as Smokey.Row Road westerly along said center line about 1/2 mile, said center line being concurrent'with the present City of Cannel Corporate Limits boundary line, to the center line of Old Meridian thence -thence Exhibit A - PR. 3 of 6 thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence thence Street, southwesterly along said center line about 3500 feet, said center line being concurrent with the present City of Carmel Corporate Limits boundary line, to the north fight of way line of 13 1st Street, also known as Main Street, westerly along said fight of way line about 1 O0 feet, to a the southwest comer of section 18, township 25 north, range 03 east, southwesterly along the center line of Old Meridian Street about 1200 feet, said center line being concurrent with the present City of Carreel Corporate Limits boundary line, westerly along said boundary line about 1 O0 feet, northerly along said boundary line about 250 feet, westerly along said boundary line about 11 O0 feet, northerly along said boundary line about 200 feet, westerly along said boundary line about 300 feet, northerly along said boundary line about 400 feet, to a point on the center line of 13 1st Street, also known as Main Street, westerly along said center line about 200 feet, said center line being concurrent with the present City of Carmel Corporate Limits boundary line, southerly along said boundary line about 400 feet, westerly along said boundary line about 100 feet, northerly along said boundary line about 400 feet, to a point on the center line of 13 1 st Street, also known as Main Street, westerly along said center line about 250 feet, said center line being concurrent with the present City of Camel Corporate Limits boundary line, northerly along said boundary line about 1/2 mile, to a point on the north fight of way line of 136th Street, also known as Smokey Row Road, westerly along said fight of way line about 1/2 mile, said fight of way line being concurrent with the present City of Carmet Corporate Limits boundary line, to a point on the east fight of way line of Spring Mill Road, continuing westerly to a point on the east fight of way line of Spring Mill Road, continuing westerly along said north fight of way line about 1/4 mile to the northwest comer of the east half of the northeast quarter of section 27, township 18 north, range 03 east, southerly along the west line of said east half about 1/2 mile, said west line being concurrent with the present City of Carrnel Corporate Limits boundary line, to a point on the north fight of way if 13 1st Street, also known as Main Street, continuing southerly to a point on the south fight of way if 13 1st Street, easterly about 1/4 mile along said south fight of way line, said fight of way line being concurrent with the present City of Camel Corporate Limits boundary line, to a point on the west fight of way line of Spring Mill Road, southerly along-said west fight of way line about 3000 feet, said fight of way line being concurrent with the present City of Camel Corporate Limits boundary line, easterly along said boundary line about 1700 feet, southerly along said boundary line about 600 feet, easterly along said boundary line about 400 feet, northerly along said boundary line about 400 feet, - --Exhibit A -- P~. 4 of 6 thence thence thence thence thence thence easte~y along said boundary line about 1000 feet to a point on the center line of Pennsylvania Avenue, northerly along said center line about 200 feet, said center line being concurrent with the present City of Carrnel Corporate Limits boundary line, easterly along said boundary line about 600 feet to a point on the west fight of way line of Old Meridian Street, southweste~y along said center line about 1600 feet, said center line being concurrent with the present City of Cannel Corporate Limits boundary line, westerly along said boundary line about 700 feet to a point on the west fight of way line of U.S. 31, southerly along said right of way line about 4000 feet to the point ofbegining. ,,i pF.o.~ I Pg. 5o~6 " ~ peo~l JaAOOH---.:.,:.,. peo~ auM61 J.-L":tJ - peon! euJnoq!~qS 0 Exhibit A - Pg. 6 of 6 CERTIFICATE OF CITY ENGINEER The undersigned, as Engineer for the City of Cannel, Indiana hereby certifies the following: 1. I am familiar with the area within Clay Township proposed to be annexed by the City of Cannel, Indiana, as more particularly described by the attached metes and bounds description and as shown on the map attached hereto. 2. Based on the aforesaid description and map, I have determined the approximate lineal distance of the boundary of the area to be annexed which is contiguous to the existing corporate boundaries of the City of Cannel to be 11.041 miles. I have determined the aggregate lineal distance of all of the extemal boundaries of the area to be annexed (including said contiguous boundary) to be 22.965 miles. 3. The lineal distance of the boundary of the area to be annexed which is contiguous to the existing corporate boundaries of the City of Cannel is more than one fourth (1/4) of the aggregate lineal distance of all of the external boundaries of the area to be annexed. Certified, this ,~.,,2 ~'~lay of November, 1996. City of Carreel, Indiana EXHIBIT B Annexation Data Summary Approximate overall area: Approx~nate area residential (developed): Approximate area residential (undeveloped): Approximate area non-residential (developed): 4850 acres 3660 acres 900 acres 115 acres (75.5% land area) (18.5%) (2.4%) Approximate area non-residential (undeveloped): 175 acres (3.6%) ATTESTATION OF TRUE AND CORRECT COPY I, Debra M. Grisham, hereby attest that the attached copy of Resolution No. 12-02-96-01 (as amended from original proposed Resolution No. 12-02-96- 01 ) is the true and correct copy of A Resolution of the Cormnon Council of the City of Cannel, Indiana to Adopt the Written Fiscal Plan and Definite policy for an area on the west side of Cannel, Indiana, known as the Clay Township Annexation Area Ordinance C-188 passed and adopted by the Cormnon Council of the City of Cannel, Indiana at its meeting on December 23, 1996 and that such Resolution has not been amended and is in fifil force and effect. Debra M. Grishmn, City Attorney December 27, 1996 ATTEST.ANNEX