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NOTICE OF PUBLIC HEARING ON PETITION AND PROPOSED ORDINANCE FOR ANNEXATION NOTICE is hereby given that on the 9th day of November ,2009, at 6:30 o'clock P.M., at the Town Hall, in the Community Building located at 105 Walnut Street, Pierceton, Indiana, the Town Council of the Town of Pierceton, Indiana, will hold a public hearing upon the Petition of Harvest Community Ministries, Inc. et. aI., for the annexation into the Town of Pierceton, Indiana, of certain real estate, which is more particularly described in the following proposed Ordinance. All interested parties shall have the opportunity to testify at the hearing as to the proposed Annexation. Any person may appear at the hearing and be heard. The Town Council may further consider a Fiscal Plan and Policy for the proposed Annexation. The proposed Ordinance is as follows: ORDINANCE NO._________ AN ORDINANCE ANNEXING TERRITORY TO THE TOWN OF PIERCETON, INDIANA WHEREAS, Harvest Communities Ministries Inc., and Elizabeth Ann Downs, now Lewis, as the owners of certain territory contiguous to the Town of Pierceton, Indiana, have filed a Petition requesting that the territory be annexed to the Town of Pierceton, Indiana, pursuant to I.C. 36-4-3-5.1, and WHEREAS, the Town Council of the Town of Pierceton, Indiana, held a public hearing upon the proposed annexation, and proposed Ordinance, notice of which hearing was published in the Warsaw Times Union on the________ day of________ ,2009, and WHEREAS, after said public hearing, the Town Council for the Town of Pierceton, Indiana, adopted a resolution on the________ day of________ ,2009, establishing a fiscal plan and definite policy for the furnishing of services to the territory for which annexation is sought, and WHEREAS, the Town Council has determined to grant the Petition for Voluntary Annexation submitted herein, and has determined that it is in the best interest of the territory to be annexed into the Town of Pierceton, Indiana. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PIERCETON, INDIANA, AS FOLLOWS: Section 1: The territory to be annexed includes the above described tracts of real estate and is more particularly described as follows: A tract of land in the Northeast Quarter of Section 33, Township 32 North, Range 7 East, and the Northwest Quarter of Section 34, Township 32 North, Range 7 East, Washington Township, Kosciusko County, Indiana, more particularly described as follows: Beginning at a bronze pin at the Northeast corner of said Section 33, Township 32 North, Range 7 East the same also being the Northwest corner of said Section 34; thence East on and along the North line of said Section 34 the same being the existing boundary line of the Town of Pierceton, Indiana a distance of 20 feet more or less to a point of the said North line of Section 34 where the Eastern Right of Way line for County Road 700 East intersects said North line; thence South on and along said Eastern Right of Way line for County Road 700 East a distance of 630.00 feet more or less to a point on said Right of Way line that is directly East of a Mag nail on the Eastern Section Line of said Section 33 which Mag nail is located at a point that is South 88 degrees 25 minutes 55 seconds West of a bronze pin at the Northeast corner of said Section 33, Township 32 North, Range 7 East; thence West 20 feet more or less to said Mag nail on said Eastern Section line of said Section 33, the same being the Western Section Line of said Section 34 and thus the common section line of said Sections 33 and 34 all within the Right of way for said County Road 700 East; thence South 88 degrees 25 minutes 55 seconds West, parallel with the North line of said Section 33, Township 32 North, Range 7 East, 444.50 feet to an iron pin; thence North 00 degrees 17 minutes 00 seconds West, parallel with said East line of the Northeast Quarter, 630.00 feet to an iron pin on the North line of said Section 33, Township 32 North, Range 7 East; thence North 88 degrees 25 minutes 55 seconds East, along said North Line the same also being the boundary line of the Town of Pierceton Indiana, 444.50 feet to the Point of Beginning containing 6.72 acres more or less. Which territory is unimproved except for County Road 700 East, that is within the right-of-way that is being annexed herein. The eastern right-of-way of County Road 700 East is the eastern boundary of the territory. The northern boundary of the territory is approximately 464.5 feet wide, running east and west, and coincides with the Town boundaries and lays adjacent to the Pierceton-Washington Park. Section 2: Assignment of Voting District: The real estate being annexed herein is not being assigned to a voting district for the reason that Council members are elected at large. Section 3: Effective Date: This Ordinance shall be effective after publication and recordation as is provided for by law, but if such date is before January 1, 2010 then the annexation shall not take effect until January 2, 2010, for the reason that I.C. 36-4-3-7(b) provides that an Ordinance adopted during the year preceding a year in which a Federal Decennial Census is being conducted takes effect January 2 of the year in which the Federal Decennial Census is conducted, which Census will be conducted in the year 2010. Adopted this_______day of_______,2009, by the Town Council of the Town of Pierceton, Indiana, by a vote of_____ayes and____nays. TOWN COUNCIL TOWN OF PIERCETON, INDIANA Jerry Hartman, President Jerry Kreger Armando Espinoza ATTEST Janet Castle, Clerk-Treasurer Town of Pierceton, Indiana As shown by the description in the proposed Ordinance, the real estate is bounded on the East by the Eastern Boundary of the right-of-way for County Road 700 East (7th Street extended South) and is bounded on the North by the Pierceton-Washington Township Park. Written comments and objections may be filed with the Office of the Clerk Treasurer before the hearing or may be presented at the hearing and any such comments and objections will be considered. Date:____________ Janet Castle, Clerk Treasurer PO Box 496 Town of Pierceton, Indiana 46562 o16
