Ordinances - Villas of River Park Annex

LEGAL NOTICE OF ADOPTION OF ANNEXATION ORDINANCE

          NOTICE IS HEREBY GIVEN that on the 24th day of September, 2012, the following Ordinance was adopted by the Town Council of the Town of Middlebury, Indiana, to-wit:

ORDINANCE NO. 544

AN ORDINANCE ANNEXING CERTAIN REAL ESTATE

(Villas of River Park)

AND

DECLARING THE SAME TO BE A PART OF THE

TOWN OF MIDDLEBURY, INDIANA

          WHEREAS the Town Council of the Town of Middlebury, Indiana has the authority to annex real estate and thereby include such real estate within the corporate boundaries of the Town of Middlebury pursuant to Indiana Code §36-4-3 et. seq.;

          WHEREAS the Town Council of the Town of Middlebury, Indiana has determined to annex certain real estate to the corporate boundaries of the Town of Middlebury;

          WHEREAS said real estate as described more fully herein is contiguous to and abuts the present corporate boundaries of the Town of Middlebury;

          WHEREAS this Ordinance was first introduced and considered by the Town Council of the Town of Middlebury, Indiana on the 18th day of June, 2012;

          WHEREAS prior to the enactment of this Ordinance, the Town Council of the Town of Middlebury has developed and adopted on the 18th day of June, 2012, a written fiscal plan and established a definite policy by Resolution No. 2012-04 concerning this annexation and the planned services of a capital and non-capital nature to be furnished to the territory to be annexed;

          WHEREAS notice of a public hearing concerning this Ordinance was advertised in The Middlebury Independent on the 20th day of June, 2012;

          WHEREAS notice was mailed to the property owners within the area to be annexed on the 20th day of June, 2012 concerning a public hearing on the Ordinance;

          WHEREAS the Town Council of the Town of Middlebury, Indiana conducted a public hearing concerning this Ordinance on the 20th day of August, 2012;

          WHEREAS it is determined in the best interests of the Town of Middlebury and the owners of the real estate hereinafter described that the real estate be annexed and incorporated as part of the Town of Middlebury, Indiana;

          WHEREAS any other prerequisites and conditions required by law to prevail for annexation of territories to towns as is provided by the statutes of the State of Indiana do in fact prevail in this instance;

          NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MIDDLEBURY, INDIANA, as follows:

1.            That the following described real estate located in Elkhart County, Indiana is hereby annexed to and declared to be a part of the Town of Middlebury, Indiana on the 1st day of January, 2013, subject to publication and filing as indicated below, to wit:

All that part of the VILLAS OF RIVER PARK and the VILLAS OF RIVER PARK SECOND, which lies outside of the existing municipal corporate boundary line of the Town of Middlebury, Indiana.  The Plat of the Villas of River Park, a Detailed Planned Unit Development, a subdivision in Middlebury Township, is recorded in Plat Book 29, page 10, in the Office of the Elkhart County Recorder.  The Plat of the Villas of River Park Second, a Detailed Planned Unit Development, a subdivision in Middlebury Township, is recorded in Plat Book 31, page 31, in the Office of the Elkhart County Recorder.  Consisting of approximately Seventeen (17) acres of annexed territory.

          2.  That if the municipal property taxes are adequate in amount to do so, the Clerk-Treasurer is directed, pursuant to Indiana Code §36-4-3-8, to impound in a special fund all of the municipal property taxes imposed on the annexed territory after the annexation takes effect that are not used to meet the basic non-capital services provided in the written fiscal plan and policy adopted in Resolution Number 2012-04 for a period of three (3) years to be expended as required by Indiana Code §36-4-3-8.

          3.  That the Clerk-Treasurer of the Town of Middlebury, Indiana be, and is hereby authorized and directed to publish notice of the adoption of this Ordinance as provided by law in The Middlebury Independent, a newspaper of general publication, and published in the Town of Middlebury, Indiana.

          4.  That this Ordinance shall become effective ninety (90) days after publication and upon the filing thereof, in the absence of remonstrance and appeal, as provided by Indiana Code §36-4-3-7.

          ORDAINED AND ADOPTED this 24th day of September, 2012.

                                             TOWN COUNCIL OF THE TOWN OF

                                             MIDDLEBURY, INDIANA

                                             Gary L. O’Dell, President

Attest:

Peggy Hutchison, Clerk-Treasurer

Town of Middlebury

          EXAMINED AND APPROVED THIS 24th DAY OF SEPTEMBER, 2012.

                                             Gary L. O’Dell, President,

                                             Town Council of the Town of

                                             Middlebury, Indiana

LC 91                                                                                    MI 26