NOTICE OF PUBLIC HEARING By the TOWN OF PIERCETON, INDIANA on a Petition for Annexation and a Proposed Ordinance for Annexation NOTICE is hereby given that on the 12th day of August ,2013, at 6:30 P.M., at the Town Hall, in the Pierceton 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 Superior Developing, LLC, for the annexation into the Town of Pierceton, Indiana, 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. 2013- AN ORDINANCE ANNEXING TERRITORY TO THE TOWN OF PIERCETON, INDIANA WHEREAS, Superior Developing, LLC, is the owner of certain territory contiguous to the Town of Pierceton, Indiana, and has 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 18th day of July, 2013, and WHEREAS, after said public hearing, the Town Council for the Town of Pierceton, Indiana, adopted a Resolution on the______day of______, 2013, 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 OF THE TOWN OF PIERCETON, INDIANA, THE TOWN COUNCIL AS FOLLOWS: Section 1: The following described territory situate in Kosciusko County, Indiana, and contiguous to the Town of Pierceton, Indiana is hereby annexed into the Town of Pierceton, Indiana, which territory is more particularly described as follows: A tract of land located in the South half of Section 21, Township 32 North, Range 7 East, the South half of Section 22, Township 32 North, Range 7 East, the North half of Section 27, Township 32 North, Range 7 East and in the North half Section 28, Township 32 North, Range 7 East, Kosciusko County, Indiana, more particularly described as follows: Commencing at a point beginning at the Northeast comer of the Northeast quarter of said Section 28; thence South 00 degrees 30 minutes West (Bearing from "Lessig survey") on the East line of a foresaid quarter section, (the current boundary of the Town of Pierceton, Indiana), a distance of 499.11 feet more or less to the point of its intersection with the Southerly right of way line of U.S. Highway No. 30, (State right of way); thence Southeasterly along said Southern right of way for U.S. Highway No. 30, Nine hundred forty feet (940 feet) more or less to the existing Town Boundary Line on and along said right of way for U.S. Highway No. 30, and then continuing south easterly on and along said Town Boundary 552 feet more or less to that point at which said Town Boundary Line intersects the North and South Town Boundary Line on or near the Eastern right of way line for State Road 13; thence North along said Boundary Line of the of the Town and continuing North to the Eastern right of way line for said State Road 13, the same also being a boundary line for the Town of Pierceton, Indiana, 1100 feet more or less to a point on said Eastern right of way line of State Road 13 where the North right of way line of County Road 200 South extended East would intersect with the Eastern right of way line of said State Road 13; thence West on and along the Northern right of way line of said County Road 200 South extended East, and on and along the Northern right of way of said County Road 200 South a distance of 1371 feet more or less to the point where said North line of the right of way of said County Road 200 South intersects the Western Section line of Section 22, Township 32 North, Range 7 East the same being the Eastern Section line of Section 21, Township 32 North, Range 7 East; thence South 20 feet more or less along said Eastern Section line of said Section 21, to the point of beginning, and containing 20.38 acres more or less. 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. Adopted this____day of_______, 2013 by the Town Council of the Town of Pierceton, Indiana, by a vote of __ ayes and __ nays. TOWN COUNCIL TOWN OF PIERCETON, INDIANA Armando Espinoza, President Ronald Hall James Bumbaugh Attest: Janet Castle, Clerk Treasurer Town of Pierceton, Indiana The western boundary of the territory is the real estate that is bounded on the West by that part of the Eastern line of Section 28 from the south right of way for US 30 to the northern right of way line for County Road 200 South (which includes all of the Western boundary line of the land upon which Stump's LP Gas Company is located). The territory is bounded on and the North by the Northern right of way line for County Road 200 South extended east to the Eastern right of way of State Road 13. The territory is bounded on the East, in part by Matchett Industrial Park, and by the Town Boundary thereto extended South across US 30. The territory is bounded on the South by the boundary line of the Town and the Southern right of way line of U.S. Highway No. 30. 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. Dated: July___,2013 Janet Castle, Clerk Treasurer P. O. Box 496 Town of Pierceton, Indiana 46562 7-18 hspaxlp