Zionsville Town Council

RESOLUTION NO. 2013-20 ADOPTING A FISCAL PLAN AND DEFINITE POLICY FOR THE ANNEXATION OF PROPERTY CONTIGUOUS TO THE TOWN OF ZIONSVILLE, INDIANA PURSUANT TO ORDINANCE NO. 2013-10 (THE BEDELL ANNEXATION) WHEREAS, the Town Council of the Town of Zionsville (the “Council”) is the legislative body of the Town of Zionsville in Boone County, in the State of Indiana; and WHEREAS, this Council has pending before it an annexation under Ordinance No. 2013- 10 and is considering annexation of any other territory covered by the Bedell petition which would annex certain described territory therein (the “Annexation Territory”); and WHEREAS, the annexation proposed in Ordinance No. 2013-10 is being considered by this Council based upon receipt of a petition signed by the owner of 100% of the Annexation Territory requesting annexation (the “Owner”); and WHEREAS, Indiana Code Section 36-4-3-3.1 requires the City to develop a written fiscal plan and establish a definite policy, by resolution of its legislative body, that meets the requirements of Indiana Code Section 36-4-3-13 for the Annexation Territory; and WHEREAS, a copy of the written fiscal plan and definite policy for the Annexation Territory is adopted pursuant to Resolution No. 2012-26, as amended by Resolution No. 2013-06 - (need resolution number from previous annexation) with respect to the annexation under Ordinance No. 2012-18 (as amended) and is attached hereto and incorporated herein by reference; and WHEREAS, this written fiscal plan shows the following: (1) the cost estimates of planned services to be furnished to the Annexation Territory, itemized for each municipal department or agency; (2) the method or methods of financing the planned services, together with an explanation of how specific and detailed expenses will be funded, indicating the taxes, grants and other funding to be used; (3) the plan for the organization and extension of services, detailing the specific services that will be provided and the dates the services will begin; (4) that planned services of a noncapital nature will be provided to the Annexation Territory within one year after the effective date of the annexation in a manner equivalent in standard and scope to those noncapital services provided to areas within the corporate boundaries, regardless of similar topography, patterns of land use, and population density; and  (5) that planned services of a capital improvement nature will be provided to the Annexation Territory within three years after the effective date of the annexation in the same manner those services are provided to areas within the 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 NOW, THEREFORE, BE IT RESOLVED by the legislative body of the Town of Zionsville in Boone County, Indiana that: Section I. The above recitals are incorporated herein by reference and shall be deemed part of the written fiscal plan and definite policy. Section II. The attached written fiscal plan and definite policy is hereby incorporated herein by reference. Two copies of the attached are kept on file in the office of the Clerk-Treasurer for public inspection. Section III. The Town Council of the Town of Zionsville, Indiana hereby adopts the materials set forth in the attached as the written fiscal plan and definite policy for the Annexation Territory which is the subject of Ordinance No. 2013-10. Section IV. The sections, paragraphs, sentences, clauses and phrases of this Resolution are severable, and if any phrase, clause, sentence, paragraph or section of this Resolution shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenforceability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Resolution. Section V. This Resolution shall be in full force and effect from and after the date of its passage. SO RESOLVED this day of September 2013 by the Town Council of the Town of Zionsville, Boone County, Indiana, having been passed by a vote of ____ in favor and ____ opposed. TOWN OF ZIONSVILLE, INDIANA BY ITS TOWN COUNCIL ______________________________ Jeff Papa, President _______ _______ For Opposed ______________________________ Timothy R. Haak _______ _______ For Opposed ______________________________ Elizabeth Hopper _______ _______ For Opposed ______________________________ Steven W. Mundy _______ _______ For Opposed ______________________________ Thomas A. Schuler _______ _______ For Opposed ______________________________ Susana Suarez _______ _______ For Opposed ______________________________ Candace L. Ulmer _______ _______ For Opposed ATTEST: _______________________________ John J. Yeo Zionsville Clerk/Treasurer INDS01 1413957v1