AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF LAPEL, INDIANA, ANNEXING CERTAIN TERRITORY TO THE TOWN OF LAPEL, INDIANA, PLACING THE SAME WITHIN THE CORPORATE BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE TOWN OF LAPEL, INDIANA

RECITALS

  1. The Town Council (the "Council") of the Town of Lapel, Indiana (the "Town"), is in receipt of a petition requesting that certain territory (the "Annexation Territory") be annexed.
  2. The petition has been signed by at least fifty-one percent (51%) of the owners of the Annexation Territory and is attached hereto as "Exhibit A" (the "Petition").
  3. A description and mape of the Annexation Territory area attached to the Petition as "Exhibit B".
  4. The Annexation Territory consists of approximately 5,700 acres, and the policy for the provision of certain services to any annexed areas.
  5. Responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of certain services to any annexed areas.
  6. Prior to final adoption of this Ordinance, the Council, by resolution, will have adopted a written fiscal plan and definite policy for the provision of both capital and non-capital services to the Annexation Territory.
  7. The written fiscal plan and definite policy adopted by resolution will provide for the provision of services of a non-capital nature (including police protection, fire protection, street and road maintenance, and other non-capital services normally provided within the corporate boundaries of the Town) to the Annexation Territory within one (1) years after the effective date of this annexation in a manner equivalent 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.
  8. The written fiscal plan and definite policy adopted by resolution will provide for the provision of services of capital nature (including street construction, street lighting, sewer facilities, water facilities, and storm water drainage facilities) to the Annexation Territory within three (3) years after the effective date of this annexation in the same manner those services are provided to areas within the current corporate boundaries, regardless of similar topography patterns of land use, and population density and in a manner consisten with federal, state, and local laws, procedures, and planning criteria.
  9. The terms and conditions of this annexation, including the written fiscal plan and definite policy area fairly calculated to make the annexation fair and equitable to property owners and residents of the Annexation Territory and of the Town.
  10. Priot to the final adoption of this Ordinance, the Town will have conducted a public hearing pursuant to proper notice issued as required by law.
  11. The Council finds that the Annexation Territory, pursuant to the terms of this Ordinance, is fair and equitable and should be accomplished and will help to control growth at the Town's perimeter which is consistent with the Town's Comprehensive Plan.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Lapel, Indiana, as follows:

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

Section 2. In accordance with Indiana Code 36-4-3-5, the Annexation Territory is hereby annexed to the Town and hereby included within its corporate boundaries pursuant to the terms of this Ordinance.

Section 3. The Annexation Territory shall retain its current zoning classifications and designations as established by Madison County until such time as the Town updates its comprehensive plan, zoning ordinance, or zoning map.

Section 4. All prior ordinances or parts thereof that may be inconsistent with any provision of this Ordinance are hereby repealed. The paragraphs, sentence words of this Ordinance are separable, and if a court of competent jurisdiction hereof declare any portion unconstitutional, invalid, or unenforceable, such declaration shall not affect the remaining portions of this Ordinance.

Section 5. This Ordinance shall be in full force and effect from and after the date of its adoption and signing by the Council President and such publications and recordation as is required by law.

Introduced by the Town Council of the Town of Lapel, Indiana on the 7th day of August, 2014 and approved by a vote of 4 in favor and 1 opposed.

Adopted by the Town Council of the Town of Lapel, Indiana, on the 7th day of August 2014.

 

EXHIBIT B

 

 

MAP

 

 

 

 

 

 

Further Information

04-2014
Indiana Code 08/07/2014