D-1781-05/AMLI AnnexationSPONSOR: COUNCILOR SHARP
ORDINANCE D-1781-05
AN 1NTERLOCAL AGREEMENT BETWEEN THE TOWN OF
WESTFIELD, INDIANA, AND THE CITY OF CARMEL, INDIANA.
WHEREAS, The City of Carmel ("Carmel") 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.
29D01-0410-PL-918 regarding the annexation of certain property on the North side of
146th 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 Hamilton Superior
Court No. 1 in Cause No. 29D01-0410-PL-918, which Order Carmel has
appealed (the "Order"), is the property shown on 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, disann~x, 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.
Friday of'
nays.
PASSED by the Common Council of the City of Carmel, Indiana this
O~ 2005, by a vote of (..o ayes and tS~)
COMMON COUNCIL FOR THE CITY OF CARMEL
Kevin K4rb"~, President
Ronald E. Carter, At-Large Brian D. Mayo, District 3
/~redrick~~i~ 'ct.5 Mark Rattermann, At-Large
¥
ose)~ ~. Griffiths, I~t 4 -- Richard ~. ~a~,~stffict 1
Diah~~~urer ~ ,
Presented by me t; the Mayor of the City of Ca~el, Indiana this 7 day of O~
2005, at~'.~ ~.M. ~ ~
Diana L. Cordray, IAM~~r
Approved by me, Mayor of the City of Cannel, Indiana, this ~ day of D~
2005, at ~:~ &.m. // ~
a~nard yo
Diana L. Co y, , - s~
This instrument prepared by: Brian J. Zaiger, Attorney at Law
953 Maple Avenue
Noblesville, IN 46060
(317) 773-4999