AN ORDINANCE ANNEXING CERTAIN TERRITORY CONTIGUOUS TO THE TOWN OF PLAINFIELD, INDIANA, PLACING THE SAME WITHIN THE CORPORATE BOUNDARIES THEREOF AND MAKING THE SAME AS PART OF THE TOWN OF PLAINFIELD AND REDEFINING THE CORPORATE BOUNDARIES OF THE TOWN OF PLAINFIELD, INDIANA, REFERED TO AS CENTER COMMUNITY CHURCH ANNEXATION
BE IT ORDAINED by the Town of Plainfield, Hendricks County, Indiana, that:
WHEREAS, well defined long term planning benefits the Town of Plainfield (“Town”) and the community at large; and
WHEREAS, in recognizing the need and benefit of long term planning, the Town Council of the Town of Plainfield, Indiana (“Council”) is desirous of annexing a certain portion of Guilford Township into the Town of Plainfield (“the annexation territory”); and
WHEREAS, the Annexation Territory sought to be annexed is situated outside the corporate boundaries of the municipal Town of Plainfield, Hendricks County, Indiana: but is one-quarter (1/4) contiguous to the corporate boundaries; and
WHEREAS, a map describing the boundaries of the Annexation Territory is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, a legal description of the Annexation Territory is attached hereto and incorporated herein as Exhibit B; and
WHEREAS, the Annexation Territory consists of 4.98 acres; and
WHEREAS, the Annexation Territory is needed and can be used by the Town for its development in the reasonably near future; and
WHEREAS, responsible planning and state law requires adoption of a written fiscal plan and a definite policy for the provision of certain services to annexed areas; and
WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a non-capital nature upon the effective date of this annexation in a manner equivalent to in standard and scope to those non-capital services provided to areas within the current corporate boundaries regardless of similar topography, patterns of land use and population density; and
WHEREAS, the written fiscal plan and definite policy adopted by resolution will include the provision of services of a capital nature upon the effective date of this annexation in a manner equivalent to in standard and scope to those capital services provided to areas within the current corporate boundaries regardless of similar topography, patterns of land use and population density and in a manner consistent with federal, state and local laws, procedures and planning criteria; and
WHEREAS, prior to adoption of this Ordinance, the Council will have conducted a public hearing pursuant to proper notice issued as required by law; and
WHEREAS, the Council finds that the annexation of the Annexation Territory pursuant to the terms of this Ordinance is fair and equitable and should be accomplished.
NOW THEREFORE, by the powers vested in the Town Council of the Town of Plainfield, Hendricks County, Indiana, it is hereby ORDERED AND ORDAINED that:
Section 1.
The above recitals are incorporated herein by reference as though fully set forth herein below.
Section 2.
In accordance with I.C. 36-4-3-4, the Annexation Territory is hereby annexed to the Town of Plainfield and thereby included within its corporate boundaries pursuant to the terms of this Ordinance.
Section 3.
The territory annexed by this Ordinance is assigned to Town Council Ward No. 3.
Section 4.
The sections, paragraphs, sentences, clauses and phrases of this ordinance are separable, and if any phrase, clause, sentence, 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 constitutionality, invalidity or unenforceability shall not effect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance.
Section 5.
This ordinance shall be in full force and effect from and after the date of its passage and such publication and recordation as is required by law.
SAID ORDINANCE OF ANNEXATION is hereby passed and adopted this 11th day of April, 2005
TOWN COUNCIL, TOWN OF PLAINFIELD
HENDRICKS COUNTY, INDIANA:
Robin G. Brandgard, President
Kent McPhail
Bill Kirchoff
Daniel W. Fivecoat
Edmond L. Gaddie Jr.
Constituting a majority of the members of the Town Council
ATTESTED BY:
H. Michael Isaacs, Clerk-Treasurer of
the Town of Plainfield, Indiana
