HomeMy WebLinkAboutPart 1 - Remonstrance of Wastewater One6
BEFORE THE BOARD OF PUBLIC WORKS OF THE CITY OF JEFFERSONVILLE
INDIANA
IN THE MATTER OF )
RESOLUTION NO. 2-2009, )
DATED MARCH 25, 2009 )
REMONSTRANCE OF WASTEWATER ONE. LLC
Wastewater One, LLC, by counsel, and pursuant to IC 32-24-2-6, submits this
remonstrance to the proposed taking of certain real and/or personal property described in
Resolution No. 2-2009 (the "Resolution") of the Board of Public Works of the City of
Jeffersonville, Indiana (the "Proposed Taking").1
INTRODUCTION
Wastewater One, LLC ("WW1") is an Indiana limited liability company
providing wastewater treatment services at the River Ridge Commerce Center in Clark County,
Indiana, pursuant to a November 17, 1995 Facilities Use Agreement (the "FUA"). WW1
provides these services under the authority of the Clark County Regional Water & Sewer District
("CCRWSD"). CCRWSD is an independent municipal corporation established on December 8,
1999, by Order of the Indiana Department of Environmental Management, and CCRWSD
possesses and exercises jurisdictional authority over the water, sewer, and storm drainage
systems at the River Ridge Commerce Center ("RRCC").
WW1's FUA provides WW1 with a property interest in the property sought by
the City in its Proposed Taking. Accordingly, under IC 32-24-2-6, WWl is entitled to have its
1 For simplicity, the City of Jeffersonville, Indiana, and its Board of Public Works will be
referred to herein collectively as the "City."
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remonstrance to the Resolution and the Proposed Taking heard and considered by the City before
the City takes any final action on the Resolution. WW1 is further entitled to seek judicial review
of any final action by the City that is beyond the scope of the City's powers, or that is fraudulent,
capricious, or illegal. See, Slentz v. City of Fort Wayne, et al., 118 N.E.2d 484 (Ind. 1954).
WW1 plans to pursue judicial relief if the City confirms the Resolution and proceeds with the
Proposed Taking as they are both illegal and capricious.
THE RESOLUTION AND PROPOSED TAKING ARE ILLEGAL AND CAPRICIOUS
The City's Resolution and its Proposed Taking are illegal and capricious for the
following reasons:
1. The City lacks jurisdictional authority to provide or to control the provision of
wastewater services at RRCC. Authority over the water and sewers at RRCC is vested in the
CCRWSD, and it has been so vested since December 8, 1999 -well prior to the City's
attempted annexation of RRCC.2 Under Indiana law, "where there is an overlap between the
service area of a regional district and the service area of a municipality ... the district prevails
unless the municipality was already providing services to the area at the time the district's
service area was created." City of North Vernon v. Jennings Northwest Regional Utilities, 829
N.E.2d 1 (Ind. 2005). Indiana law does not permit the City to seize the territory of the CCRWSD
via annexation or through eminent domain proceedings. Because the City lacks jurisdictional
authority to provide sewer service in the RRCC, its Proposed Taking of real estate for sewer
service purposes within the RRCC and the CCRWSD is not a valid public purpose.
2 See, December 8, 1999 Order establishing the CCRWSD attached hereto as Exhibit A. The
City's Ordinance 2000-OR-46, purporting to annex RRCC was dated November 9, 2000. The
effectiveness of the City's purported annexation (if it is effective at all) was stayed until July 18,
2002 by the pendency of Jackson v. City of Jeffersonville (Case Nos. l 0001-0101-CP-11 and
OA01-0112-CV-00456). See, IC § 36-4-3-15.5(c).
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2. There has been no retrocession of the legislative jurisdiction of the United States
Army over the RRCC property at issue3. The Army has not consented to the City's annexation
of RRCC. Unless and until there has been a proper retrocession of the Army's legislative
authority pursuant to Army Regulation 405-20, and Army consent to the City's annexation of
Army property under Regulation 405-25, the City's annexation of RRCC is insufficient to usurp
the Army's legislative authority. Accordingly, the City lacks legal authority to proceed with its
Proposed Taking.
3. The Army has not consented to the City's Proposed Taking of Army property.
Unless and until the army consents to the Proposed Taking pursuant to Army Regulations 405-80
and 405-90, the City is not entitled to seize Army property via eminent domain proceedings. The
City has as much right to proceed with its Proposed Taking of Army property at RRCC as it does
to seize the federal gold reserves at Fort Knox, Kentucky.
4. The City has failed to comply with the requirements of IC 32-24-2-6, because it
has failed to adequately, accurately or sufficiently "describe the property that may be beneficially
or injuriously affected" by its Proposed Taking. It is unclear from the City's published Notice of
Condemnation (the "Notice") and the Resolution whether the property being sought by the City
constitutes real property, personal property, or both. While the Notice and the Resolution state
that both "real and personal property" are sought by the City, they also describe the property
being taken by reference to "the property ...evaluated in Exhibit "D" to the Resolution -and
Exhibit D to the Resolution is an appraisal that states that it is an evaluation of wastewater
3 Attached as Exhibit B is a drawing titled "Indiana Army Ammunition Plant Land Tracts and
QD Arcs" and a drawing titled "Indiana Army Ammunition Plant Charlestown, Indiana Existing
Water Sewer and Gas Lines Map 3-l." These drawings and the Resolution demonstrate that the
City's Proposed Taking includes property currently owned by the United States Army.
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treatment improvements only "and does not include the sites." Readers of the City's Notice and
the Resolution are thus left wondering just what it is that City seeks to take. What is clear from
the Notice and the Resolution is that the City seeks to take a portion (but not all) of an integrated
wastewater treatment and collection system serving RRCC; and in blatant disregard to the rights
of affected property owners and the requirements of IC 32-24-2-6, the City has made no effort to
identify or describe the numerous properties served by this integrated system that will be
injuriously affected by the City's Proposed Taking.
5. The Proposed Taking and IC 32-24-2 violate WW1's due process rights under the
Fifth and Fourteenth Amendments to the United States Constitution .
6. The Proposed Taking and IC 32-24-2 violate WW1's due course of law rights
under Article 1, Section 12 of the Constitution of the State of Indiana.
7. The Proposed Taking and IC 32-24-2 violate WW1's rights under the Fifth
Amendment to the United States Constitution which prohibits the taking of a person's property
without just compensation.
8. The Proposed Taking and IC 32-24-2 violate WW1's rights under Article 1,
Section 21 of the Constitution of the State of Indiana which prohibits the taking of a person's
property without just compensation.
9. No evidence or facts, or insufficient evidence or facts, were presented to or
considered by the Board of Public Works of the City of Jeffersonville, Indiana, or described in its
Resolution; to support the findings contained in the Resolution.
10. No evidence or facts, or insufficient evidence or facts, were presented to or
considered by the Sanitary Board of the City of Jeffersonville, Indiana, or described in its
Resolution 1-2009 to support the findings contained therein. Thus, to the extent Resolution 2-
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2009 (of the Board of Public Works) is premised upon the Resolution 1-2009 of the Sanitary
Board, Resolution 2-2009 (of the Board of Public Works), it is arbitrary, capricious and illegal.
11. The Proposed Taking is premised on numerous erroneous and faulty opinions,
assertions and methodologies contained in the Self- Contained Appraisal Report attached as
Exhibit D to the Resolution. The errors in this appraisal report include, but are not limited to, the
following: The appraisal grossly undervalues the property at issue; it includes no sales
comparisons; it is premised on a legal opinion the appraiser is not qualified to render; it ignores
the numerous substantial repairs, additions, investments, and improvements made to the property
in question since 1999; it is premised on an arbitrary, unjustified, unexplained 15%
"ECONOMIC (FUNC) OBSOL" discount; it assigns a "$0-" value to damages to the properties
(and property interests) that will be injuriously affected by the City's Proposed Taking; it ignores
the income stream generated by the subject property; it purports to assign a value to the "fee
simple estate of the subject property" while at the same time it states that "[t]he value includes
only the wastewater treatment improvements, and does not include the sites."
12. The Works Board of the of the City of Jeffersonville, Indiana lacks authority to
make any findings regarding the public utility or public benefit of the "Sewer Utility Property"
described in the Resolution because the legal authority to acquire, construct, improve, operate,
and maintain sewage works within the City of Jeffersonville, Indiana has been transferred to the
Sanitary Board of the City of Jeffersonville, Indiana, pursuant to IC 36-9-23.
13. The Works Board of the of the City of Jeffersonville, Indiana lacks authority to
condemn property under IC 32-24-2 for sanitary sewer purposes because the legal authority to
acquire, construct, improve, operate, and maintain sewage works within the City of
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Jeffersonville, Indiana has been transferred to the Sanitary Board of the City of Jeffersonville,
Indiana, pursuant to IC 36-9-23.
14. The Notice and Resolution do not contain or reference a cost estimate of the
"repairs, replacements, additions, and other actions are required to make the works effective" for
the purpose for which they are sought, as required under IC 36-9-23-14(d).
15. The Notice and Resolution do not contain or reference an engineer's estimate of
the cost of the works as required under IC 36-9-23-10(a)(2), or the required cost estimate of the
individual items listed in IC 36-9-23-11.
16. The Notice and Resolution do not contain or reference an engineer's estimate of
"the fees for the several classes of users or property to be served" as required under IC 36-9-23-
10(a)(4).
17. The Notice and Resolution do not contain or reference an estimate setting forth
the cost of the works as estimated by an engineer as required under IC 36-9-23-10(a)(2).
18. Notice of the Resolution was not published consistent with the requirements of IC
32-24-2-6, IC 36-9-23-10 and/or IC 5-3-1.
19. The March 25, 2009 meeting of the Board of Public Works of the City of
Jeffersonville, Indiana, was not conducted in compliance with the Indiana Open Door Law, IC 5-
14-1.5.
20. The March 25, 2009 meeting of the Sanitary Board of the City of Jeffersonville,
Indiana, was not conducted in compliance with the Indiana Open Door Law, IC 5-14-1.5.
21. The April 2/3~, 2009, remonstrance hearing is not being conducted in compliance
with the Indiana Open Door Law (IC 5-14-1.5), or in compliance with the requirements of 32-
24-2.
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WHEREFORE, for all the above-stated reasons, WW1 demands that the City
rescind its Resolution and Proposed Taking, and award WW1 its costs, expenses and attorneys'
fees.
By:
Respectfully submitted,
I W. Woodard, Jr. (Atty. #15880-49)
YATT, TARRANT & COMBS, LLP
500 W. Jefferson Street, Suite 2800
Louisville, KY 40202-2898
Telephone: (502) 589-5235
Fax: (502) 589-0309
Counsel for Remonstrator Wastewater
One, LLC
CERTIFICATE OF SERVICE
I certify that on the 22nd day of April, 2009, at approximately 9:30 a.m., I personally
delivered a copy of the foregoing to one or more members of the Board of Public Works of the
City of Jeffersonville, Indiana, in the Mayor's Conference Room in City Hall, 500 Quartermaster
Court, Jeffersonville, Indiana.
I
20313577.1
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STATE OF INDIANA )
SS:
COUNTY OF MARION )
IN THE MATTER OF: )
THE FORMATION OF THE )
CLARK COUNTY REGIONAL )
WATER AND SEWER DISTRICT )
BEFORE THE INDIANA DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT
ORDER ADOPTING THE FINDINGS OF FACT
AND RECOMMENDED ORDER OF THE HEARING OFFICER
FOR THE ORGANIZATION OF THE
CLARK COUNTY REGIONAL WATER AND SEWER DISTRICT
Notice is hereby given that the Hearing Officer has filed with the Commissioner of the
Indiana Department of Environmental Management (Commissioner) the "FINDINGS OF FACT
AND RECOMMENDED ORDER" relative to the petition requesting organization of the Clark
County`Regional Water and Sewer District. Said Findings and Recommended Order are attached
to this ORDER, and consist eleven (11) pages.
And the Commissioner, having reviewed the attached "FINDINGS OF FACT AND
RECOIVIlVIENDBD ORDER" of the Hearing Officer, now determines that the organization of the
proposed District complies with the conditions of IC 13-26, and that the proposed District
appears capable of accomplishing its purpose in an economically feasible manner.
IT IS NOW ORDERED BY THE COMMISSIONER that the Clark County Regional
Water and Sewer District be organized as an independent municipal corporation pursuant to the
terms and conditions set forth in the attached "FINDINGS OF FACT AND RECOMMENDED
ORDER" which are adopted and approved, and deemed incorporated in this ORDER, as though
set out in full.
This is a Final Order subject to. Judicial Review consistent with. applicable provisions of
Indiana Code 4-21.5. Pursuant to Indiana Code 4-21.5-5-5, a Petition for., Judicial Review of this
Final Order is timely only if it is filed with a civil court of competent jurisdiction within thirty (30)
days after the date this notice is served.
All of which is ORDERED at Indianapolis, Indiana this ~
day of December 1999.
Commissioner
Indiana Department of
Environmental Management
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EXHIBIT A
STATE OF INDIANA )
SS:
COUNTY OF MARION )
1N THE MATTER OF: )
THE FORMATION OF THE )
CLARK COUNTY REGIONAL )
WATER AND SEWER DISTRICT )
BEFORE THE INDIANA DEPARTMENT
OF ENVIltONMENTAL MANAGEMENT
FINDINGS OF FACT AND RECOMIVIF,NDED ORDER
OF THE HEARING OFFICER
FINDINGS OF FACT
1. On or about April 12, 1998, the Clark County Commissioners and the Clark County
Council petitioned the Indiana Department of Environmental Management (IDEM) for an
Order establishing a Regional Water and Sewer District to be known as the Clark County
Regional Water and Sewer District in Clark County. .
2. On or about October 20, 1998, -IDEM received a petition to amend the original petition
to revise the boundaries of the proposed District for water purposes only. Pursuant to the
October 20 amendment, the territory for water will consist exclusively of the Indiana
Army Ammunition Plant prope~`ty (INAAP).
3. On or about April 22, 1999, IDEM received another amended petition. The second
amendment to the petition for the establishment of the Clark County Regional Water and
Sewer District is to revise the proposed boundaries of the District for sanitary sewer
purposes.
4. The petition and amended petitions comply with the provisions of IC 13-26-2-3.
5. The first public hearing was held on January 26, 1999, at the Charlestown High School, in
Charlestown, Indiana.
6. Notice of hearing was given during the weeks of January 10-16, 1999, and of January
17-23, 1999, by publication in the following newspapers of general circulation in Clark
County for two (2) consecutive weeks prior to hearing: 1) Evening News and 2) Clark
County Journal. Notice was also given by mail to each eligible entity involved.
7. The second public hearing was held on June 29, 1999, at the Charlestown High School, in
Charlestown, Indiana.
8. Notice of hearing was given during the weeks of June 14-18, 1999, and June 21-25, 1999,
by publication in the following newspapers of general circulation in Clark County for two
(2} consecutive weeks prior to hearing: l) Evening News and 2) Clark County Journal.
Notice was also given by mail to each eligible entity involved.
9. The proposed name of the District is the Clark County Regional Water and Sewer
District.
10. The principal offices of the proposed District would be located in Room 306 of the City-
County Building, 501 East Court Avenue, Jeffersonville, Indiana 47130. The trustees of
the District may relocate the principal office upon written notice to the Indiana
Department of Environmental Management.
11. .The purpose of the District includes both of the following:
To provide a water supply for industrial and- public use inside the proposed
Water District and further provide wholesale water to existing water
retailers. The boundaries for the Water District ace solely within the
Indiana Army Ammunition Plant property ("1NAAP").
2. To provide for the collection, treatment, and disposal of sewage inside the
proposed District.
12. Sewage collection, treatment, and disposal are currently provided at the INAAP property
by two (2) existing wastewater treatment plants. Sewage collection, treatment, and
disposal in the remainder of the area of the proposed District (outside of the INAAP
property) are currently being provided exclusively by on-site septic systems.
13. Upon formation, the District will collect, treat, and dispose of the sanitary sewage of the
residents of the District.
14. The District is needed to facilitate the system~to collect and dispose of the sanitary sewage
of the residents.
15. The current method of collection and disposal of the sanitary sewage of some of the
residents of the proposed District is affecting and can affect detrimentally the water quality
and public health within the proposed District.
16. The legal boundaries of the Clark County Regional Water and Sewer District for water
service shall be the boundaries of the Indiana Anmy Ammunition Plant property as
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described in Exhibit 1 which is attached hereto and incorporated herein by reference for
all purposes.
17. The City of Jeffersonville has demonstrated its intention to serve the sewage needs in an
azea that is included within the boundaries of the proposed District. This azea of concern
is identified as Phase 3. See Exhibit 2 which is attached hereto and incorporated herein
by reference for all purposes. This azea is currently in the design stage with construction
- anticipated to begin within the next eighteen months.
18. There is no immediate need for a regional sewer District to serve that part of Phase 3
south of Bethany Road and west of the INAAP property. It is anticipated that the
District, after formation, will, as provided in IC 13-26, expand its boundaries, to serve
other areas of the county in need of services.
19. The boundaries of the Clark County Regional Water and Sewer District for sewer service
shall be;
Thence, all of Exhibit 1 (legal description of INAAP property), and at the point where
the INAAP property intercepts with Bethany Road (crossing Highway 62);
Thence, northwesterly along a parallel line located from the southern right-of--way line of
Bethany Road to 1,500 feet beyond its intersection of Highway 403, and northeasterly to
1,500 feet beyond the right-of-way of Bethany Road,
Thence, southeasterly along a parallel line to the boundary line of the Indiana Army
Ammunition Plant property (INAAP) adjacent to State Road 62.
20. However, notwithstanding Paragraph 19 above, in the event that the City of
Jeffersonville does not have a Notice To Proceed regarding the construction of Phase 3
on or before May 1, 2001, the boundaries of the District for sewer service shall be the
following;
ALTERNATE BOUNDARIES FOR SEWERS:
The area to serve sewers in the proposed -Clark County Regional Water and Sewer District
begins at a point along the western right-of--way line that is 1,500 feet south of the southern
right-of-way line of Salem-Noble Road at its intersection with State Road 62 (the "Point of
Beginning");
Thence, northwesterly along a parallel line located 1,500 feet from the southern right-of-
way line of Salem-Noble Road to the dividing line between Grant 51 and Grant 69;
Thence, northeasterly along the dividing line between Grants 51/52 and Grants 69/70 to a
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Thence, northwesterly along a parallel line located 1,500 feet from the southern right-of-
way line of Stacy Road to a point located 2,500 feet beyond its intersection with Highway
403;
Thence, northeasterly along a parallel line located 2,500 feet from the northern right-of-
way line of Highway 403 to a point located 1,500 feet beyond its intersection with
Bethany Road;
Thence, southeasterly along a parallel line located 1,500 feet from the eastern right-of--way
line of Bethany Road, across Highway 62, to the boundary of the Indiana Army
Ammunition Plant (now Facility One);
Thence, all of Exhibit 1 (legal Description of the INAAP property).
WATER DISTRICT:
Thence, the water District shall be the boundaries of the Indiana Army Ammunition Plant
property as described in Exhibit 1.
21. There currently is no outstanding indebtedness in the proposed District for the purpose of
collection and treatment of wastewater, or to provide drinking water.
22. The proposed District shall be governed by a Board of Trustees of five (5) members to be
appointed by majority vote of the Clark County Commissioners. The Board shall be made
up as follows:
A. One (1) of the trustees shall be appointed for an initial term of one (1) year, which
term shall be calculated commencing on January 1, of the year following their
appointment.
/ B. One (1) of the trustees shall be appointed for an initial term of two (2) years,
which term shall be calculated commencing on January 1, of the year following
• their appointment.
C. One (1) of the trustees shall be appointed for an initial term of three (3) years,
which term shall be calculated commencing on January 1, of the year following
their appointment.
D. Two (2) of the trustees shall be appointed for an initial term of four (4) years,
which term shall be calculated commencing on January 1, of the year following
their appointment.
E. All terms of appointment subsequent to the expiration of the initial terms described
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above shall be for a period of four (4) years.
F. Trustees shall be residents and registered voters of Clark County. No Clark
County Commissioner or person employed by Aqua Source or any of its corporate
affiliates shall be eligible to serve as a trustee.
G. The trustees shall serve at the pleasure of the Clark County Commissioners, and
such may be removed with or without cause at any time upon a majority vote of
the Clark County Commissioners.
H. Vacant positions shall be appointed by the Clark County Commissioners and shall
serve until the end of the term of the person who held such position.
I. Notwithstanding Paragraphs A through H above, if at any time the Indiana
Department of Natural Resources (IDNR) owns, leases, or controls property
within the District, the governor may appoint any number of trustees, but less than
one-half (%z) of the total.
23. The initial project being planned for the District includes the implementation of a sewer
project. The estimated cost of implementing this initial sewer project is $150,000.00. For
the sewage system, the connection. fee for an existing dwelling is projected to be between
$1,500.00 and $2,500.00.
24. The users of the proposed water District currently obtain their water for drinking and
other purposes from wells located on the INAAP property.
25. The District, upon formation, will furnish drinking water within the INAAP property.
26. The average monthly costs per user fee for sewers are projected to be between $35.00 and
$40.00.
27. The average monthly user fee for water services is projected to be as follows;
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AVERAGE MONT~-II.Y NiITdIMUM FOR WATER
Service/Drinking Water Connections
Size
5/8#
3%4#
1#
1 %z
2"
3"
4"
6"
8"
10"
$/Nionth
$10.77
$10.77
$22.05
$35.82
$44.73
$58.50
$98.40
$139.20
$280.80
$354.55
Fire Water Connections (Sprinkler System)
Size $/Month
2" $7.50
3" $8.81
4" $11.17
6" $25.36
8" $44.60
10" $70.13
28. The costs of operating and maintaining the facilities to be constructed by the District in
this initial water project is approximately $15,000.00 annually. The District shall also
carry on equitable allocation of the costs of operating and maintaining the existing INAAP
water supply and distribution system, including any expansions thereto.
29_ Private funding for the project is being .planned,. until the proposed District is in receipt of
revenues from the operations of the proposed District or the proceeds from the sale of
bonds.
30. The anticipated sources of funds to provide for the operating and maintenance costs of the
District will be from private sources and/or proceeds from the sale of bonds.
31. The costs of implementing this initial water project are approximately $250,000.00.
32. The District will establish a sewer connection policy that will provide generally as follows:
A. All new commercial and industrial structures in the District shall be
required to connect to the system.
B. All existing commercial and industrial structures in the District shall be
required to connect. to the system when an available District connection line
is located within 300 feet of the subject property.
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C. All new residential developments shall be required to connect to the
system.
D. Existing residential units with properly functioning septic systems shall not
be required to connect to the system (regardless of whether an available
District collection line is located within 300 feet of the subject property),
except in the event that they are located in a concentrated area of
residential units with septic system failures, and have the recommendation
from the Clark County Health Department.
E. The District shall have the authority to grant waivers from the above
described connection requirements upon showing of hardship or good
cause, provided that such waiver is agreed to by the Clark County Health
Department.
RECOMMENDED ORDER
The Hearing Officer recommends the following:
That a Regional Water and Sewer District, to be known as the Clark County Regional
Water and Sewer District, be organized as an independent political entity of the State of
Indiana as a body corporate and politic.
2. That the purpose to be accomplished by said District is to provide for the collection,
treatment, and disposal of sewage inside the entire District, and to provide water within
that part of the District referred to as the Indiana Army Ammunition Plant (INAAP)
property. See Exhibit 1.
3• BOUNDARIES FOR WATER;
That, pursuant to the October 20, amendment, the boundaries of the Water District shall
be the boundaries of the Indiana Army Ammunition Plant•property as described;
The legal boundaries of the Clark County Regional Water and Sewer District for water
service shall be the boundaries of the Indiana Army Ammunition Plant property as
described in Exhibit 1.
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4: BOUNDARIES FOR SEWER;
The boundaries of the Clark County Regional Water and Sewer District for sewer service
shall be;
Thence, all of Exhibit 1 (legal description of INAPP property), and at the point where
the INAAP property intercepts with Bethany Road (crossing Highway 62);
Thence, northwesterly along a parallel line located from the southern right-of--way line of
Bethany Road to 1,500 feet beyond its intersection of Highway 403, and northeasterly to
1,500 feet beyond-the right-of--way of Bethany Road,
Thence, southeasterly along a parallel line to the boundary line of the Indiana Army
Ammunition Plant property(INAAP) adjacent to State Road 62.
5. That the City of Jeffersonville has demonstrated its intention to serve in an area that was
included in th~ proposed District. This area of concern is identified as Phase 3, ee
Exhibit 2, which is attached hereto and incorporated herein by reference for all purposes.
This area is currently in the design stage. Construction is anticipated to commence in
that area in the year 2000. However, notwithstanding paragraph four above, in the event
that the City of Jeffersonville does not. have a Notice To Proceed regarding the
construction of Phase 3 on or before May 1, 2001 the boundaries of the Sewer District
shall be the following;
ALTERNATE BOUNDARIES FOR SEWERS;
The area to serve sewers in the proposed Clark County Regional Water and Sewer District begins
at a point a1Qng the western right-of-way line that is 1,500 feet south of the southern right-of-
way line of Salem-Noble Road at its intersection with State Road 62 (the "Point of Beginning");
Thence, northwesterly along a parallel line located 1,500 feet from the southern right-of-
way line of Salem-Noble~Road to the dividing line between Grant 51 and Grant 69;
Thence, northeasterly along the dividing line between Grants S 1f52 and Grants 69/70 to a
point located 1,500 feet from its intersection with Stacy Road;
Thence, northwesterly along a parallel line located 1,500 feet from the southern right-of-
way line of Stacy Road to a point located 2,500 feet beyond its intersection with
Highway 403;
Thence, northeasterly along a parallel line located 2,500 feet from the northern right-of-
way line of Highway 403 to a point located 1,500 feet beyond its intersection with
Bethany Road;
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Thence, southeasterly along a parallel line located 1,500 feet from the eastern right-of--way
line of Bethany Road, across Highway 62, to the boundary of the Indiana Army
Ammunition Plant (now Facility One);
Thence, all of Exhibit I (legal description of the INAAP property).
WATER DISTRICT;
Thence, the Water District shall be the boundaries of the Indiana Army Ammunition Plant
property as described in Exhibit 1.
6. That the proposed District shall be governed by a Board of Trustees of five (5) members
to be appointed by majority vote of the Clark County Commissioners. The Board shall be
made up as follows:
A. One (1) of the trustees shall be appointed for an initial term of one (1) year,
which term shall be calculated commencing on January, 1 of the year
following their appointment.
B. One (1) of the trustees shall be appointed for an initial term of two (2)
years, which term shall be calculated commencing on January, 1 of the year
following their appointment.
C. One (1) of the trustees; shall be appointed for an initial term of three (3)
years, which term shall be calculated commencing on January, 1 of the year
following their appointment.
D. Two (2) of the trustees shall be appointed for an initial term of four (4)
years, which term shalt be calculated commencing on January 1, of the year
following their appointment.
E. All terms of appointment subsequent to the expiration of the initial terms
described above shall be for a period of four (4) years.
F. Trustees shall be residents and registered voters of Clark County. No
Clark County Commissioner or person employed by Aqua Source or any of
its corporate affiliates shall be eligible to serve as a trustee.
G. Trustees shall serve at the pleasure of the Clark County Commissioners,
and such may be removed with or without cause at any time upon a
majority vote of the Clark County Commissioners.
H. Vacant positions shall be appointed by the Clark County Commissioners
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and shall serve until the end of the term of the person who held such
position.
I. Notwithstanding Paragraphs A through H above, if at any time the Indiana
Department of Natural Resources (IDNR) owns, leases, or controls
property within the District, the governor may appoint any number of
trustees, but less than one-half (%2) of the total.
7. That the Board of Trustees provide sufficient bonds for all officers, trustees or employees
who have any power to disburse funds of the District.
8. That the District will establish a sewer connection policy that will provide generally as
follows:
A. All new commercial and industrial structures in the District shall be
required to connect to the system.
B. All existing commercial and industrial structures in the District shall be
required to connect to the system when an available District connection line
is located within 300 feet of the subject property.
C. All new residential developments shall be required to connect to the
system.
D. Existing residential units with properly functioning septic systems shall not
be required to connect to the system (regardless of whether an available
District collection line is located within 300 feet of the subject property),
except in the event that they are located in a concentrated area of
residential units with septic system failures.
E. The District shall have the authority to grant waivers from the above
described connection requirements upon showing of hardship or good
cause, provided that such waiver is agreed to by the Clark County Health
Department.
9. That within nine (9) months from the date of this order, the District shall file with the
Commissioner of the Indiana Department of Environmental Management, a detailed plan
complies with IC 13-26-6 for the construction and operation of the District's facilities.
Dated: ~~~ ~ ~~ ~~q~ Hearing Officer: ~~yi;~ p~- .
10
. ~
AREA OF JQRISDICTION INDIANA AR~Y AMMUNITION PLANT
MII;ITARY RESERVATION
. , CI,PiRK COUNTY,. INDIANA '
~ LEGAL D'ESCRI ~ ON
Situate in the State of Indiana, County of Clark, Townships
of Charlestown and IItica; being parts of Illinois Land Grants ~ -'
Nos. 17, 25, 27, 37, 38 , 51, 52, 53, 71, 72, 73,.77, 95 ,96, 97,
and 98; being all of Illinois Land Grants Nos. 26, 39, 40, 41,
54, 55, 56, 74, 75, and 7.6; and more particularly described as
follows:
Beginning at a point in the center of Indiana State Route
No. 62, said point being the most northern corner of~the former
Indiana Ordnance Woks- Plant No. 1, and be.nq in the west
boundary of a 4775.42 acre tract now or formerly accountable by
WAA'(War Assets Administration; assumed on 21 November 1946),
said beginning point being about N 77-i1-44 E 2,221.99 feet from
a corner common to Grants Nos. 97, 98, 118,-and 119, said point
being located at coordinate values N 350,184.39, E 1,603,720.20
.(Kentucky Plane Coordinate System, North Zone); thence with the
east boundary of said Plant No. 1 and said west boundary of the
WAA tract
S 0.8-44-00 W 80_00 feet, more or less, to a point in the
center 'of the old Charlestown-Bethlehem Road; thence leaving said
east boundary of Plant No. 1, and with the center of said Old
Charlestown-Bethlehem Road, and said west boundary of WAA tract
(sevezing former 7[ndana Arsenal-Plant No. 2), as follows:
S 75-47-00 E 13.5.00 feet to ~ point; thence
S 86-22-00 E 557.97 feet to a point; thence
N 49-04-00 E 32:8.60 feet to a point in thg center. of
Fourteen Mile Creek; thence continuing with sand Roams and said
west boundary of the~WAA tract
N 48-29-00 E 437.30 feet to a point; thence
N 61-18-00 E 528.00 feet to a point; thence
N 59-39-00 E 85.99 feet to a point, being the northwest
corner of a 1546.62 acre tract, now or formerly owned by Shuler
P_ Baird, Sr., George E. Hughes, James A_ Munich, Lonnie W_
.Howerton and earl L. Howerton (By a Quitclaim Deed from the
United States of America, dated 10 March 19.64, recorded 12 March
1964, in Deed Book 260, Page 75, in the Clark County, Indiana,
Recorders Office); thence leaving the center of the Old
Charlestown-Bethlehem Road and the west boundary of said ].546.62
acre tract
AREA OF JURISDICTION INDIANA ARM3C AMMUNITION PLANT
MILITARY RESERVATION
• CLARK COUNTY, INDIANA
LEGAL DESCRIPTION fCONT'D)
S 40-05-00 B 8860.17 feet, more or less, to a point on the
low water line of the Ohio River, (passinc,~ the divid~.ng line ~ -•
between Grants Nos. 77 and 98 at 3982.65 feet, more or less);
thence leaving the west boundary of said 1546.62 acre 'tract, and
downstream with said ~.ow water line
Southwesterly 23,760 feet, more or less, to a point being
the northeast corner of Lot No. 1 of former Longview Beach
Subdivision; thence Le:suing the low water line of the Ohio River
and with the north line of said subdivision
N 87-0~.-30 W 165.33 feet, IAOre or less, to a point being the
northwest corner of Lot No. 1 of former Longview Beach
Subdivision; thence
S 00-26-00 W 650.00 feet, more or less, to a point being the
northwest corner of Lot No. 14 of former Longview 'each
Subdivision; thence with the west line of said subdivision
S 00-35-00 W 3100 feet, more or less, to a point; thence
leaving the west line .of the former Longview Beach subdivision
N 89-30-00 W 117 feet, more or less, to a point; thence
running with the bo•.~ndary fence of the Hoosier ordnance Plant the
following courses:
S 21-45-00 E 333 feet, more or less
S 08-00-00 W 133 feet, more or less
S 33-30-00 W 1000 feet, more or less •
S 67-00-00 W 133 feet, more or less '
S 04-00-00 W 117-feet, more or less `"'i
N 88-00-00 W 200 feet, more or less ••
S 55-00-00 W 167 feet, more or less.
S 28-00-00 W 333 feet, more or less
S 47-30-00 W 500 feet, more or less
S 23-30-00 W 583 feet, more or less ~
S 05-00-00 E 134 feet, more or less
S 38-30-00 E 500 feet, more or less
S 14-00-00 E 1083 feet, more or less
S 18-00-00 W 2833 feet, more-or less
S 66-30-00 W 533 feet, more or less
S 85-00-00 W 1583 feet, more or less
N 75-30-00 w 2167 feet, more or less
Due West 1133 feet, more or less
2
~.-
AREA OF JiTRISDICTION INDIANA ARMY~A,MMUNITIpN PLANT
MILITARY RESERVATION
, CLARK COUNTY, INDIANA -
LECAL.DESCRIPTION fCONT'D? --
- N 68-30-00 W 2700 feet, more or less
S 4Q=O0-00 W 1177 feet, more vr•less
S 30-00-00 W 2000 feet, more or less
S 86-30--00 W 800 feet, more or less
N 8 030-00 W 833 feet, more or less
S 70-30-00 W 1280 feet, more or less
N 63--30-00 W 1080 feet, more of less
N 20-00-00 W 660 feet, more or less
N 04--3.0-00 E 150 feet, more flr less, to a point; thence
l~avln~g said boundary fence •
N 35--20-00 W 110 feet, more or less, to a point; thence with
the centerline of Indiana State Highway No: 62
-N 04-30-00 E 375 feet, more or less, to a point; thence
N 58--00-00 W 205 feet, more or less, to the east right-of-
way line of the Baltimore and Ohio Railroad; thence with said
east right-of--way line
N 22-51-00 E 8,550 feet, more or less, to a point in the
north line of U.S. Tract No. 108; thence
S 35-45-00 E to a point in the center of Indiana State
Highway No. 52; thence with the centerline of said State Highway
Northeasterly 1150 feet, more or less, to a point in the
northeast line of U.S. Tract No. 106; thence Frith said northeast
line -
S 39-00-00 E to the west corner- of II.S. ~ac~ Info: 105;
thence. with the northwesterly line of U.S- Tract No. 105
N 45-00-OU E 990.00 feet, more or less, to a corner colamvn
to U.-S. Tracts 105 and 209; thence with the northwesterly line
of U.S. Tract Nv. 104
N 50-00-00 E 759.00 feet, more or less, to the most
northerly corner of U_S. Tract 204; thence
N 39-00-00 W to the western corner oY U.S_ Tract No. 103,
said corner being located in the centerline of Indiana State
Highway No_ 62; thence continuing with the centerline of said
State Highway
3
AREA OF JURISDICTION INDIANA~.ARMY A;~INITION PLANT
MILITARY RESERVATION
CLARK COUNTY, INDIANA -
LEGAL D S.CRIPTION CONT ~ D
Northeasterly to the most northwest corner of U.S. Tract No.
100; thence continuing with the centerline Hof State Highway No.~ '
62
N 06-52-25 E 661.40 feet; thence
N 11-05-15 E 1268.40 feet; thence.
N 15-19-54 E 693.40 feet to a point in the dividing line
between Grants 71 and 72; thence continuing with the centerline
of State Highway No. f2~
Northeasterly to a point in the south line of a 67.26 acre
tract of land disposed of by Quitclaim Deed from the United
States of America to County of Clark, State of 'Indiana, dated 16 -
April 1962, recorded in Deed Record 244, page 289 in the records
of Clark County, Indiana; thence
S 67-15-00 E 390.00 feet, more or less, to a point; thence
N 54-33-00 E 18&31.00 feet, more or-less, to a point; thence
N 05-42-00 W 1276.85 feet to a point; thence
N 38-33--00 W 94.2.00 feet to a point in the easrt rightrof-way
of Indiana State Highway No. 62; thence
N 67-15-00 W 60.00 feet to a point in the centerline of
Indians State Highway No, 62; thence with. said centerline
,:
N 21-36-00 E 2290.00 feet, more or less,Mto a point.;. thence
N 19-23-45 E 1759.00 feet to a point; thence
N 17-11-00-E 852.00 feet to a point; thence
N 20-01-00 E 1135.00 feet to a point; thence
N 22-52-30 E 1741.00 feet to a point; thence
N.25-38-15 E 999.00 feet to a point;`thence
N 28-23-15 E 477.00 feet to a point in Grant No. 96 where
the centerlines of Indiana state Highway No. 62 and Charlestown
Landing Road intersect; thence with the centerline of
Charlestown Landing Road
4
~~.
AREA OF JLJ~tISDICTION
INDIANA ARMY A,MMI7NITION FLANT
MILITARY RESIItVATION
CLARK COUNTY, INDIANA
LEGAL DESCRIPTION (CONT~D,)
S 39-31-15 E 844.00 feet to a point; thence
S 40-22-15 E 489.00 feet to a point; thence
S 46-59-15 E 161.45 feet to a paint; thence
Id 49-17-45 E 2143.82 feet to a point on the dividing line
between Grants 96 and 97; thence
31 _49-18-00 E 100.00 feet ~to a point; thence
N 11-09-00 E 1798.70 feet to a point; thence
N 32-39-00 E 1272.30 feet to a point; thence
N 41-37-00 E 912.00 feet to a point in the centerline of
Indiana State Highway No. 62; thence with said centerline
Northeasterly 1922.98 feet, more or less, to a point being a
corner of U.S. Tract No. 1; thence continuing with the centerline
of State Highway No_ 62 and the northernmost line of said II_S_
Tract No. 1
i Northeasterly 2$o0.0A feet, mare or less, to the point of
beg~,nning, containing 10,647.44 acres, more or less.
22 May 92
D.I.S.
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EXHIBIT B w~--~ „~......,~..
Indiana Army Ammunition Plant
Land Tracts and QD Arcs
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