Proposed North Annexation Ordinance10/28/2014
Publisher:
Author:

TOWN OF REMINGTON, INDIANA

ORDINANCE NO. 2014-11-13-1

 

AN ORDINANCE ANNEXING CONTIGUOUS TERRITORY

 

WHEREAS, the Town of Remington, Indiana ("Town") desires to annex into the Town certain real estate consisting of approximately 221 acres as further described on Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Territory"), as further shown on the map attached as Exhibit B, by adopting an ordinance pursuant to Indiana Code 36-4-3-4 and Indiana Code 36-4-3-4.1.    

WHEREAS, at least 1/4 of the aggregate external boundaries of the Annexation Territory coincides with the municipal boundaries of the Town; and

WHEREAS, the Town has developed and adopted a written fiscal plan as set forth in Resolution No.2014-08-11-1, adopted by the Town Council on August 11, 2014[, as amended for the final time as of August 11, 2014] (the "Fiscal Plan"); and

WHEREAS, pursuant to Indiana Code 36-4-3, the appropriate notices have been mailed and published and a public hearing was opened, conducted and closed on October 13, 2014; and

WHEREAS, the Town operates sewage works under Indiana Code 36-9-23, and the Fiscal Plan includes, in addition to the delivery of other capital and non-capital services, the extension of sanitary sewers into the Annexation Territory; and

WHEREAS, the Town operates water works under Indiana Code 8-1.5-3, and the Fiscal Plan includes, in addition to the delivery of other capital and non-capital services, the extension of water mains into the Annexation Territory; and

WHEREAS, the Town Council believes it is in the best interest of the Town that the Annexation Territory be annexed into the Town subject to the provisions of this Ordinance.

NOW, THEREFORE, BE IT HEREBY ORDAINED that, pursuant to the provisions of Indiana Code 36-4-3, as in effect on the date hereof, the Annexation Territory is hereby annexed into the Town effective on the later of (i) January 1, 2016, or (ii) the date on which the clerk of the Town complies with the filing requirement of Indiana Code 36-4-3-22(a) (the "Effective Date"), and the initial zoning district designation for the Annexation Territory is hereby established as set forth in Exhibit C attached hereto and made a part hereof; and

IT IS HEREBY FURTHER ORDAINED that the Annexation Territory shall be assigned to Council District Number 1; and

IT IS HEREBY FURTHER ORDAINED that:

(a) Pursuant to Indiana Code 36-9-23-30, any parcel or tract of real estate in the Annexation Territory that (i) produces sewage or similar waste, and (ii) has a boundary or property line that is within three hundred (300) feet of an available sanitary sewer, shall connect to the Town sewer system.

(b) A parcel or tract of real estate in the Annexation Territory shall be exempt from the requirements of subsection (a) to connect to sanitary sewer if the following conditions related to such parcel or tract are met: (i) a valid permit for the construction and operation of an on-site sewage system has been issued by the Jasper Department of Health or its successor responsible for the regulation of on-site sewage system; (ii) an operational on-site sewage system exists on such parcel or tract that is not suffering from system failure (defined below) and has not suffered from system failure after the date on which sanitary sewer has been extended to within three hundred (300) feet of the parcel's boundary or property line, and (iii) such tract or parcel has not been sold, transferred or conveyed after the Effective Date. 

(c)  For purposes of this Ordinance, "system failure" with respect to an on-site sewage system shall mean one or more of the following:  (i) the on-site sewage system refuses to accept sewage at the rate of design application thereby interfering with the normal use of the plumbing within the structure(s) on the tract or parcel, (ii) effluent discharge exceeds the absorptive capacity of the soil, resulting in ponding, seepage, or other discharge of the effluent to the ground surface or to surface waters, or (iii) effluent is discharged from the system causing contamination of potable water supply, ground water, or surface waters; and

IT IS HEREBY FURTHER ORDAINED that any parcel or tract of real estate in the Annexation Territory that obtains its potable water from a well located on the same parcel or tract of real estate that has been property installed pursuant to all applicable statutes, ordinances and regulations, including the acquisition of all necessary permits and approvals, shall not be required to connect to the Town's water works/mains to obtain its potable water; provided, however, that this exemption shall not apply if any such well shall go dry or otherwise fail to function.  A well on a parcel or tract shall not be deemed to have failed or gone dry if the problem associated with such well can be cured solely by increasing the depth of the existing well; and

IT IS HEREBY FURTHER ORDAINED that the discharge of firearms anywhere in the Annexation Territory on a parcel of real estate in a safe manner and in compliance with all applicable state and federal statutes and regulations shall not be prohibited by the Town; and

IT IS HEREBY FURTHER ORDAINED that all of the parcels listed by parcel number on Exhibit C shall be annexed pursuant to Indiana Code 36-4-3-4.1, which means that each of such parcels will be exempt from all property tax liability under Indiana Code 6-1.1 for municipal purposes while the parcel's zoning classification remains agricultural, and that there may not be a change in the parcel's zoning classification without the consent of the owner.

IT IS HEREBY FURTHER ORDAINED that pursuant to the provisions of Indiana Code 36-4-3-22, the Clerk-Treasurer of the Town, is hereby ordered to immediately:

1.                  Publish this ordinance in the manner prescribed by Indiana Code 5-3-1;

2.                  If no remonstrance or appeal of the annexation has been filed within ninety (90) days after publication of this ordinance: (A) file a copy of this ordinance with (i) the Jasper County Auditor; (ii) the Jasper Circuit Court Clerk; (iii) the Jasper County Board of Registration; (iv) the Office of the Indiana Secretary of State; and (v) the Office of Census Data established by Indiana Code 2-5-1.1-12.2; and (B) record a copy of this ordinance in the office of the Recorder of Jasper County.

3.                  If a remonstrance or appeal of the annexation has been filed within ninety (90) days after publication of this ordinance, file and record this ordinance as directed in paragraph 2 above upon delivery of a certified order under Indiana Code 36-4-3-15.

4.                  Subject to the potential delay in the effective date described above, this ordinance shall be in full force and effect from and after its adoption, compliance with IC 36-4-6-14, publication in accordance with Indiana Code 5-3-1 and filing and recording in compliance with Indiana Code 36-4-3-22(a).

PASSED and adopted by the Town Council of the Town of Remington, Indiana, this ____ day of November, 2014.


 

TOWN COUNCIL OF THE TOWN OF REMINGTON, INDIANA

 

 

            _____________________________

President

 

            _____________________________

 

 

            _____________________________

 

            _____________________________

 

_____________________________  ______

 

Attest:

 

 

                                                                 

Clerk-Treasurer

 


EXHIBIT A

 

Legal Description of Annexation Territory

 

 

LEGAL DESCRIPTION: The West 50 Acres of the of the West 100 Acres of the Southwest Quarter of Section 18, Township 27 North, Range 6 West of the Second Principal Meridian in Carpenter Township, Jasper County, Indiana;

 

AND;

 

            The West 825 feet of the North 57.125 acres of the Northwest Quarter of Section 19, Township 27 North, Range 6 West of the Second Principal Meridian in Carpenter Township, Jasper County, Indiana;

 

AND;

 

            The East Half of Section 24, Township 27 North, Range 7 West of the Second Principal Meridian in Carpenter Township, Jasper County, Indiana, lying North of and East of, and contiguous with, the Corporate Limits of the Town of Remington (including all of Meadownorth, as shown in Plat Record 1, page 44; and all of Meadownorth, Phase II, as shown in Plat Record 2, page 11, both in the Office of the Recorder of Jasper County, Indiana); Excepting therefrom, the following described tract:

 

            Part of the Northeast Quarter of said Section 24, being more particularly described as follows: Beginning at the Northwest corner of the Northeast Quarter of said Section 24; thence running South, 1322.5 feet; thence East, 414 feet; thence North, 444 feet; thence North 8204' East, 462.61 feet; thence North, 823.2 feet, to a point on the North line of the Northeast Quarter of said Section 24; thence West, 870.64 feet, to the Point of Beginning; Excepting therefrom the South 155 feet of the West 414 feet, as conveyed to the Town of Remington in deed record 204, page 407 in the Office of the Recorder of Jasper County, Indiana.

 

AND;

 

Further including the North Half of the Right-of-Way of County Road 1600 South; and the West Half of the Right-of-Way of U.S. Highway 231, both in Section 13, Township 27 North, Range 7 West of the Second Principal Meridian in Carpenter Township, Jasper County, Indiana; and the East Half of the Right-of-Way of U.S. Highway 231, in said Section 19; adjoining the above described tracts.


EXHIBIT B

 

Map of Annexation Territory

 


EXHIBIT C

 

Zoning Designation

 

All parcels or tracts of land within the Annexation Territory shall keep the same zoning classification/district as existed prior to the Effective Date, except for the following parcels, each of which shall be designated as A-2 AGRICULTURE DISTRICT, on and after the Effective Date:

 

Parcel ID Numbers            

 

002-00688-00

002-00339-00

002-00246-00

002-00261-00

002-00465-00
2017 Town of Remington, Inc.  ::  All Rights Reserved  ::  privacy policy-site map