Proposed West Annexation Ordinance10/28/2014
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TOWN OF REMINGTON, INDIANA

ORDINANCE NO. 2014-11-13-4

 

AN ORDINANCE ANNEXING CONTIGUOUS TERRITORY

 

WHEREAS, the Town of Remington, Indiana ("Town") desires to annex into the Town certain real estate consisting of approximately 170 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.2014-08-11-4, 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 2; 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 of Remington Territory

 

 

LEGAL DESCRIPTION: The North Half of Section 25, Township 27 North, Range 7 West of the Second Principal Meridian in Carpenter Township, Jasper County, Indiana, lying North of the Pittsburg, Cincinnati and St. Louis Railway, and lying West of and contiguous with, the Corporate Limits of the Town of Remington (partially including Mayhew's Survey of Outlots recorded in Survey Record 1, page 23 in the Office of the Recorder of Jasper County, Indiana;

 

AND;

 

            Part of the Southwest Quarter of Section 24, Township 27 North, Range 7 West of the Second Principal Meridian in Carpenter Township, Jasper County, Indiana, lying West of and contiguous with, the Corporate Limits of the Town of Remington, being more particularly described as follows:

            Beginning at the Southeast corner of the Southwest Quarter of said Section 24; thence Northerly, along the East line of the Southwest Quarter of said Section 24, a distance of 764.42 feet, to the Southeast corner of a tract conveyed to Walter & Esther Bahler Farms, Inc. as shown in Instrument No. F92668 in the Office of the Recorder of Jasper County, Indiana; thence Westerly, parallel with the South line of the Southwest Quarter of said Section 24, also being along the South line of said "Bahler" tract, a distance of 931.28 feet, to the Southwest corner of said "Bahler" tract; thence continuing Westerly, along the North line of a tract conveyed to Schilli Leasing, Inc. as shown in Instrument No. F92667 in the Office of the Recorder of Jasper County, Indiana, a distance of 755.10 feet, to the Northwest corner of said "Schilli" tract; thence Southerly along the West line of said "Schilli" tract, and the West line of a second tract conveyed to Schilli Leasing, Inc. in Instrument No. F86125 in the Office of the Recorder of Jasper County, Indiana, and the East line of a tract conveyed to Jack W. and Elizabeth Ann Taulman in Instrument No. F86125 in the Office of the Recorder of Jasper County, Indiana, a distance of 764.77 feet, to the Southeast corner of said "Taulman" tract; thence Easterly, along the South line of the Southwest Quarter of said Section 24, a distance of 1725.10 feet, to the Point of Beginning;

 

AND;

 

Further including the West Half of the Right-of-Way of County Road 680 West; and the North Half of the Right-of-Way of U.S. Highway 24, 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            

002-00136-00

002-00682-00

002-00803-01

002-00713-00

 

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