PUBLIC NOTICE TO PROPERTY OWNERS WITHIN AND AROUND THE TOWN OF WHITESTOWN At its March 9, 2016 meeting, the Whitestown Town Council adopted Ordinance No. 2016-1, which voluntarily annexes into Whitestown approximately 87.13 acres of land generally located northwest of the intersection of County Road 500 East and Albert S. White Boulevard. For more information regarding the Ordinance, please contact Town Manager Dax Norton, at (317) 769-6557. A copy of the Ordinance with its attachments is also available for review at the Whitestown Municipal Complex, 6210 S. Co. Rd. 700 E., Whitestown, Indiana 46075. The Ordinance (without attachments) is as follows: ORDINANCE 2016-1 (AS AMENDED) AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WHITESTOWN, INDIANA, ANNEXING TERRITORY TO THE TOWN OF WHITESTOWN, INDIANA, PLACING THE SAME WITHIN THE CORPORATE BOUNDARIES THEREOF AND MAKING THE SAME A PART OF THE TOWN OF WHITESTOWN HACKETT SUPER-VOLUNTARY ANNEXATION WHEREAS, the Town Council ("Council") of the Town of Whitestown, Indiana ("Town" or "Whitestown") received a petition ("Petition") requesting that certain territory generally located northwest of the intersection of County Road 500 East and Albert S. White Boulevard, as hereinafter described ("Annexation Territory"), be annexed by Whitestown; and WHEREAS, the Petition has been signed by the sole owner (i.e, 100%) of the property within the Annexation Territory; and WHEREAS, the Council deems it desirable and in the best interest of the Town to annex the Annexation Territory; and WHEREAS, a legal description and survey of the Annexation Territory are attached hereto as Exhibit A; and WHEREAS, where the legal description attached as Exhibit A describes land that is contiguous to a public highway right-of-way that has not previously been annexed, the Annexation Territory shall include the contiguous public highway right-of-way even if it is not described in Exhibit A, except to the extent prohibited by I.C. ^ 36-4-3-1.5(c); and WHEREAS, where the parcel of property within the Annexation Territory is adjacent to a parcel of property within the existing Town limits, the Annexation Territory boundary shall conform to and match the boundary of the existing Town limits so long as it does not result in adding or removing parcels of property from the Annexation Territory depicted in Exhibit A; and WHEREAS, the Annexation Territory consists of approximately 87.13 acres, and is contiguous to the existing Town limits; and WHEREAS, 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; and WHEREAS, prior to adoption of this Ordinance, the Council, by resolution, will have adopted a written fiscal plan and definite policy for the provision of services of both a non-capital and capital nature to the Annexation Territory; and WHEREAS, the written fiscal plan and definite policy adopted by resolution 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) year 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; and WHEREAS, the written fiscal plan and definite policy adopted by resolution provide for the provision of services of a 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 consistent with federal, state and local laws, procedures, and planning criteria; and WHEREAS, the terms and conditions of this annexation, including the written fiscal plan and definite policy, are fairly calculated to make the annexation fair and equitable to property owners and residents of the Annexation Territory and of the Town; and WHEREAS, prior to the final adoption of this Ordinance, the Town will have conducted a public hearing pursuant to proper notice issued as required by law; and WHEREAS, the Council finds that the Annexation pursuant to the terms of this Ordinance is fair and equitable and should be accomplished. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Whitestown, Indiana, as follows: 1.The above recitals including Exhibit A are incorporated herein by this reference as though fully set forth herein below. 2.In accordance with I.C. ^ 36-4-3-5.1 and other applicable laws, the Annexation Territory is hereby annexed to the Town and thereby included within its corporate boundaries pursuant to the terms of this Ordinance. 3.The Annexation Territory is assigned to Council District No. 1. 4.The Annexation Territory shall maintain its current zoning classification(s) and designation(s) until such time the Town updates its respective comprehensive plan, zoning ordinance, or zoning map. 5.The property within the Annexation Territory is currently classified as agricultural for tax purposes. As may be contemplated by I.C. ^ 36-4-3-4.1, Whitestown anticipates that the real property will be treated as exempt from property tax liability under I.C. ^ 6-1.1 for "municipal purposes" unless/until the land is reclassified under assessment rules and guidelines of the DLGF. As fire protection services are not uniquely a municipal service, and Whitestown already provides fire protection service to unincorporated Worth Township, including the Annexation Territory, and as agreed by the property owner, the fire tax levy for the Annexation Territory is not to be considered "property tax liability under I.C. ^ 6-1.1 for municipal purposes." The Annexation Territory will therefore not be exempt from property tax liability for fire protection purposes (e.g., the fire tax levy) even while the Annexation Territory remains classified as agricultural. 6.All prior Ordinances or parts thereof that may be inconsistent with any provision of this Ordinance are hereby repealed. The paragraphs, sentences, words, 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. 7.The effective date of this annexation shall be as soon as allowed by law following its adoption, execution, and publication as required by law. Dated this 15th day of March, 2016. By Matthew Sumner, Clerk-Treasurer of the Town of Whitestown, Indiana. TLR-139 03/15 #1166852 hspaxlp
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