HomeMy WebLinkAboutC-265 Amli-Westfield (Voluntary) )ULY EF!TERED FOE TAXATION
Subject to final acceptance for transfer
,Sday of , 20
,~ ~..,u~ ~z'/'~, ~ Aud~or ~ Hamilton C~
Parcel
ORDINANCE NO. C-265
AS AMENDED
Sponsor: Councilor Glaser
Instrument
200400073253
AN ORDINANCE ANNEXING PURSUANT TO VOLUNTARY PETITION
CERTAIN TERRITORY TO THE CITY OF CARMEL, INDIANA,
WHEREAS, this Council is in receipt of a petition submitted pursuant to I.C. § 36-4-3-
5.1 to annex territory to the City of Carmel which has been signed by 100% of the landowners
proposed to be annexed; and
WHEREAS, tiffs Council has previously adopted by Resolution a fiscal plan and definite
policy for the provision of municipal services pursuant to Resolution No. 06-21-04-02; and
WHEREAS, this Council has amended the fiscal plan for purposes of its application to
this annexation pursuant to Resolution No. CC-08-16-04-03 (renumbered: CC-09-07-04-03);
and
WHEREAS, this Ordinance has been adopted following a duly noticed public hearing;
and
WHEREAS, a copy of the petition which this Council has received is attached hereto as
Exhibit A, which petition includes a legal description; and
WHEREAS, Exhibit B is a map of the territory to be annexed, which territory consists of
approximately 43 acres ("Annexation Territory").
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, as follows:
The Annexation Territory is hereby annexed to the City of Carmel. To the extent the
Annexation Territory includes land contiguous to Spring Mill Road or 146th Street, the
Annexation Territory shall include these public highways and their rights-of-way.
2. The Annexation Territory is hereby assigned to Common Council District No. I.
3. This Ordinance shall take effect as soon as allowed by law.
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this Ordinance are hereby repealed.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 severable, 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.
ommon Council of the Cit f Carmel, Indiana, this
,2004, by a vote of -~ ayes and O nays.
200400073253
Filed for Record in
HAMILTON COUNTY, INDIANA
JENNIFER J HAYDEN
10-25-2004 At 09:32 am.
ANNEXAT ION 17. O0
COMMON COUNCIL FOR THE CITY OF CARMEL
.P~'siding Officer
Kevin Kirby
ayo
M ark~~~
Richard L. Sh~ar~ 7
Diana L. Cordray, IAM~er
Presented by me to the Mayor of the City of Carmel, Indiana this ~/ day of~r~g004,
at [~:q% ~.M. ~
Diana L. Cordray, IAMC, Clerk-~f/~asurer
Approved by me, Mayor of the City of Carmel, Indiana, this c9~/P~day of~-~-2004,
J~s Br~tih~ard, Mayor
ATTEST:
~ asurer
~pa~ne~ bLy :' C °r dr~
Indianapolis, Indiana 46204
INDS01 NKK 696929vl
-2-
PETITION FOR ANNEXATION INTO THE CITY OF CARMEL
The undersigned (hereinafter, the "Petitioner"), is the Owner of Real Estate described as
Hamilton County Recorder Parcel No. 089140000010.002 and shown on Exhibit A attached
hereto and made a part hereof, in support of this Petition for Annexation state as follows:
1. That the Petitioner constitutes one hundred percent (100%) of the owners of the
real estate described above and shown on Exhibit A attached hereto (the "Real Estate").
2. That more than one-eighth (1/8) of the aggregate external boundaries of the Real
Estate coincides with the corporate boundaries of the City of Carmel, Indiana.
WHEREFORE, Petitioner requests that the Council adopt an ordinance armexing the Real
Estate to the City of C~me!, !nd,-'~na.
Executed this !~J of /~ U,~]0~t ,2004, by Petitioner.
INDS01NKK653742vl
-1-
0
N
STR~USS BR
RD
SHELBORNE
TOWNE RD
DITCH RD
HOOVER RD
CLAY CENTER RD
SIX POINTS
--I SPRING MILL RD
MERIDIAN ST
COLLEGE
KEYSTONE AVE
TOWNE RD
ROHRER
CAREY RD
GRAY RD
GRAY RD
m
HAZEL
SPONSOR: COUNCILOR SHARP
ORDINANCE D-1781-05
AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF
WESTFIELD, INDIANA, AND THE CITY OF CARMEL, INDIANA.
WHEREAS, The City of Carmel ("Cannel") and the Town of Westfield ("Westfield")
are duly formed municipalities within the State of Indiana and are legal entities; and
WHEREAS, both units of government are adjacent to each other along 146th Street in
Hamilton County, Indiana; and
WHEREAS, both units of governments are engaged in a lawsuit under Cause No.
29D01-04I 0-PL-918 regarding the annexation of certain property on the North side of
I46tl~ Street in Washington Township, Indiana (Amli); and
WHEREAS, both units of governments recognize that an agreement between the two
entities is in the best interests of the parties concerned as well'as their respective citizens.
NOW THEREFORE, the Town Council of the Town of Westfield and the City of
Carmel jointly agree to the following terms:
1)
The Amli property which is the subject of an Order of the Hmnilton Superior
Court No. I in Cause No. 29D01-0410-PL-918, which Order Carmel has
appealed (the "Order"), is the property shown ou the Property Card Report
attached hereto as Attachment 1 and the maps attached thereto as Exhibits A
and B.
2)
That the Amli property is currently included within the description of property
that is the subject of Westfield Annexation Ordinance No. 05-09
3)
That should the Order be reversed on appeal and the Carmel City Ordinance
No.C-265 become effective, Westfield shall amend Ordinance No. 05-09 so as
to exclude, disannex, and/or de-annex the Amli property to give effect to the
ruling[ so that the Amli property will be included within the corporate limits of
Carmel and excluded from the corporate limits of Westfield..
4)
That Carmel shall not interfere in any manner with the adoption of Westfield
Ordinance No. 05-09 except as necessary to enforce the terms of this
interlocal agreement.
5)
Each party shall execute any and all documents necessary to carry out the
terms of this Agreement.
PASSED by the Common Council of the City of Carmel, Indiana this Cf'day of'
O C"~o~ 2005, by a vote of (2o ayes and ~ nays.
COMMON COUNCIL FOR THE CITY OF CARMEL
Presiding Officer /
Kevin K4rb~y(', President gi~/T'empfi[e
Ronald E. Carter, At-Large Brian D. Mayo, District 3
~r ~fict.5 Mark Rattennann, At-Large
ose, l~ ~Griffiths, l~J,~t 4 ~ Richa~ ~ ~fiSt 1
Diaha L. Cordray, IAMC~l~-T~surer
' Presented by me t0 the Mayor of the City of Cam~el, Indiana this 7 day of O~
2005, at ~'.~ ~.M. ~
Diana L. Cordray, IAM~ ~~r
Approved by me, Mayor of the CitY of Cam~el, Indiana, this ~ day of 0~
~ ,,,,
/f
[~mes Brainard, Mayor
Di~a L. Cordray, iAMC, Clerk-Treastff~
This instrument prepared by: Brian J. Zaiger, Attorney at Law
953 Maple Avenae
Noblesvitle, ~ 46060
(317) 773-4999