Details for PUBLIC NOTICE TO PROPERTY OWNERS WITHIN AND NEAR THE CITY OF BOONVILLE, INDIANA

PUBLIC NOTICE TO

PROPERTY OWNERS

WITHIN AND NEAR THE CITY OF BOONVILLE, INDIANA

At its January 25, 2018 meeting, the Common Council of the City of Boonville, Indiana, adopted Ordinance 2017-19 as amended, which annexes into Boonville approximately 153 acres of land generally located north of the City’s current boundaries. The Ordinance (without attachments) is as follows:

_____________________

CITY OF BOONVILLE, INDIANA

ORDINANCE NO. 2017-19

AS AMENDED

AN ORDINANCE ANNEXING TERRITORY TO THE CITY OF BOONVILLE,

PLACING THE SAME WITHIN THE CORPORATE BOUNDARIES THEREOF,

AND MAKING THE SAME A PART OF THE CITY OF BOONVILLE

Stonehaven Annexation

WHEREAS, the City of Boonville (“City”) has evaluated the City’s municipal boundaries, surrounding territory, provision of local government service, existing developments, agreements for annexation, and opportunities for growth and development of the City and its surrounding community; and

WHEREAS, the City has identified an area north of the City’s current municipal boundaries for annexation to the City, generally known as the “Stonehaven Annexation Area”; and

WHEREAS, a map and legal description of the Stonehaven Annexation Area, as amended, is attached hereto as Exhibit A and Exhibit B, respectively (“Annexation Territory”); and

WHEREAS, the Annexation Territory consists of approximately One Hundred Fifty-Three (153) acres, and is contiguous to the existing City limits; and

WHEREAS, prior to the introduction of this Ordinance, the City has provided notice to landowners and conducted an outreach program to inform citizens regarding the annexation; and

WHEREAS, prior to adoption of this Ordinance, the City, by resolution, has adopted a written fiscal plan and policy for the provision of services of both a non-capital and capital nature to the Annexation Territory, that meets the requirements of I.C. § 36-4-3; and

WHEREAS, the terms and conditions of this annexation, including the written fiscal plan and policy, are fairly calculated to make the annexation fair and equitable to property owners and residents of the Annexation Territory and of the City; and

WHEREAS, the City has further determined the Annexation Territory is needed and can be used by the City for its development in the reasonably near future; and

WHEREAS, prior to the final adoption of this Ordinance, the City has conducted a public hearing pursuant to proper notice; and

WHEREAS, it is the determination of the Common Council that the annexation set forth herein is appropriate and the Annexation Territory should be annexed to the City of Boonville pursuant to the terms of this Ordinance.

NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF BOONVILLE, INDIANA, THAT:

1. The above recitals are incorporated herein by this reference as though fully set forth herein below.

2. In accordance with I.C. § 36-4-3 et seq., the Annexation Territory described and depicted in Exhibit A and Exhibit B is hereby annexed to the City and thereby included within the City’s corporate boundaries pursuant to the terms of this Ordinance.

3. The City will be responsible for local right-of-way contiguous to the Annexation Territory. As set forth in I.C. § 36-4-3-2.5, where the legal description attached as Exhibit B describes land that is contiguous to a public highway right-of-way that has not previously been annexed and is not within another municipality as of the effective date hereof, the Annexation Territory shall include the contiguous public highway right-of-way even if it is not described in Exhibit B.

4. Notwithstanding any discrepancies, errors, or omissions in the legal descriptions of prior annexation ordinances or this Ordinance, it is the intent of the City that where a parcel of property within the Annexation Territory is adjacent to a parcel of property within the existing City limits, the Annexation Territory boundary shall conform to and match the boundary of the existing City boundaries so long as this does not result in adding or removing parcels of property from the Annexation Territory depicted in the map attached as Exhibit A.

5. As authorized by I.C. § 36-4-3-8(b)(1), the effective date of this annexation is postponed such that the Annexation Territory shall be a part of the City as of December 30, 2018, or as soon thereafter as legally possible.

6. As provided in I.C. § 36-4-3-4.1, any real property in the Annexation Territory assessed as agricultural land (under the real property assessment rules and guidelines of the department of local government finance) is exempt from property tax liability under I.C. § 6-1.1 for municipal purposes, and is not considered a part of the City for purposes of annexing future additional territory, while the property’s assessment classification remains agricultural land.

7. The Annexation Territory is assigned to Council District No. 4.

8. The Annexation Territory shall maintain its current zoning classification(s) and designation(s) until such time as the City updates its respective comprehensive plan, zoning ordinance, or zoning map.

9. If it is determined in any final order no longer subject to appeal in any challenge to this Ordinance that any amendment to this Ordinance either prior to or after its adoption has rendered this Ordinance unenforceable, invalid, or otherwise ineffective, then this Ordinance shall be reformed so as to exclude such amendment and shall be considered adopted as if the amendment had never been made.

10. All prior Ordinances or parts thereof that may be inconsistent with any provision of this Ordinance are hereby superseded. The paragraphs, sentences, words, amendments, and Annexation Territory of this Ordinance are separable, and if a court of competent jurisdiction hereof declares any portion of this Ordinance or the Annexation Territory unconstitutional, invalid, or unenforceable for any reason, such declaration shall not affect the remaining portions of the Annexation Territory or this Ordinance.

11. The effective date of this annexation shall be as soon as allowed by law following its adoption, execution, and publication as required by law, except as otherwise set forth above.

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Any owners of real property within the area proposed to be annexed who want to remonstrate against the proposed annexation must complete and file remonstrance petitions in compliance with I.C 36-4-3. A remonstrance petition may not be filed by an owner of real property that is subject to a valid waiver of remonstrance. Remonstrance petitions must be filed not later than ninety (90) days after the date that notice of the adoption of the annexation ordinance was published under I.C. 36-4-3-7. The last date that remonstrance petitions must be filed with the county auditor to be valid is May 2, 2018. A remonstrance petition may be signed at the following locations provided by the municipality:

Location, Dates, and Time:

Boonville City Hall

135 South Second Street

Boonville, Indiana 47601

Monday-Friday

Feb. 2 to May 2

Regular Business Hours

8:00 a.m. – 12:00 noon

1:00 p.m. – 5:00 p.m.

Boonville Fire Station

410 South Fourth Street

Boonville, Indiana 47601

Feb. 5 to Feb. 9

5:00 p.m. – 9:00 p.m.

A copy of the Ordinance, with its attachments, is also available for review at the Boonville City Hall, 135 South Second Street, Boonville, Indiana 47601.

Dated this 1st day of February, 2018.

City of Boonville, Indiana

2/1 hspaxlp

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