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Home My WebLink About2000-OR-46ORDINANCE NO. 2000-OR-46 AN ORDINANCE FOR ANNEXATION OF AREA 7 TERRITORY (Annexation of Area 7) WHEREAS, the boundary of the City of Jeffersonville, Indiana is contiguous to the real estate described in exhibit A, attached and incorporated herein by reference (hereinafter referred to as "Annexation Area 7" or "Area 7"); and WHEREAS, Annexation Area 7 contains approximately 5,077.13 acres; and WHEREAS, the Common Council of the City of Jeffersonville, Indiana (the "Council") has adopted a written fiscal plan and established a definite policy as to Area 7 by Resolution No. 2000-R-30, all as required under Indiana law; NOW, THEREFORE, BE IT ORDAINED, by the Common Council of the City of Jeffersonville, Indiana; Section 1. The real estate described in "Exhibit A", which is attached hereto and incorporated herein, is hereby annexed to and declared a part of the City of Jeffersonville, Indiana, and assigned to the 5th City Council District. Section 2. The boundaries of the City of Jeffersonville, Indiana, are hereby extended so as to include all of Annexation Area 7 as a part of the City of Jeffersomdlle. Section 3. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted by the Common Council of the City of Jeffersonville, Indiana, on the Ct day of ~ ent:~u-, 2000. ATTEST: Clerk-Treasurer Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonville this c~ day of ~DM~ee, ke,~ r'-' ,2000. Clerk-Treasurer This Ordinance approved and signed by me this ~Oq ex'e,g-~ r" ,2000. . day of -'RECEIVED li0¥ 2001 IN TI~E CIRCUIT COURT FOR CLA~ COVN er..¢. .... STATE OF INDIANA RONALD JACKSON, Plaintiff VS. CITY OF JEFFERSONVILLE, et al., Defendants CAUSE NO. 10C01-0101-CP-011 ORDER ON ANNEXATION ( With Findings of Fact and Conclusions of Law) This case came before the Court on October 4, 2001 for a hearing on the Plaintiff's Remonstrance Against the City of Jeffersonville On Ordinance To Annex Area Seven (7) which was filed on lanumy 8, 2001 and for a heating on the Plaintiff's Motion For Default Judgment which was filed on March 28, 2001. The Plaintiff appeared in person and by counsel, Gordon D. Ingle, and the Defendants appeared by counsel, Anne Marie Galligan. At the conclusion of the hearing, the Court took its findings under advisement pending submission of parties' proposed findings of fact and conclusions of law. And the Court, having considered the evidence presented and the parties' submissions, and being otherwise mfficiently advised, now enters the following findings of fact and conclusions of law. ~ Findings of Fact 1 The City of Jeffersonville is a third class city duly organized and existing under the laws of the State of Indiana. 2 At all times relevant, the Defendant, Thomas Galligan, was the duly elected Mayor of the City of Jeffersonville. 3. At all times relevant, the Defendants Ronald Ellis, Leslie Merkley, Ronald Grooms, Vicki Conlin, Rob Waiz, Barbara Wilson, and Dennis Frantz were duly elected members of the Common Council of the City of Jeffersonville. 4. On August 7, 2000, the Mayor of Jeffersonville proposed and tl~e Common Council for the City of Jeffersonville adopted Resolution No. 2000-R-30 which was entitled A Resolution Adopting a Written Fiscal Plan Establishing Policy for Service to Annexation Area 7 and Ordinance No. 2000-OR-46 which was ehtitled An Ordinance Annexing of Territory (Annexation of Area 7). 5. All hearings and publications of the Resolution and Ordinance took place as required by law and the City of Jeffersonville and the Common Council adopted Ordinance No. 2000-OR-46 on November 9, 2000. 6. The Plaintiff; Ronald Jackson contends that the annexation should not take place because the territory sought to be annexed is not contiguous to the annexing municipality as required by Indiana Code 36-4-3-1.5 and Indiana Code 36-4-3-13. 7. The Plalntiffdoes not own land within the annexed territory but does live within one-half mile of the annexed territory and, therefore, brings this action under the provisions of Indiana Code 36-4-3-15.5. 2 8. On March 26, 2001, the Court determined that the Plaintiff's Complaint was sufficient based upon the Defendants' stipulation and set the matter for hearing on May 21, 2001 9. There is no proof of service of notice of the proceedings on the Defendants after the sufficiency determination by the Court. 10. On April 23, 2001, the Defendants filed their Answer to the remonstrance action. 11. The length of the total boundary of Annexation Area 7 is 110,888.85 feet. 12. The length of the total boundary of Annexation Area 7 that is contiguous to the existing boundary of the City of Jeffersonville is 15,782.85 feet. 13. 14.23 % of the total boundmy of Annexation Area 7 is contiguous to the City of Jeffersonville. 14. The fraction one-eighth (1/8) equals 12.5 %. 15. Annexation Area 7 consists of 5,007.13 acres and contains approximately 610 residents resulting in a population density of one (I) person for every 8.2 acres. 16. Annexation Area 7 is zoned primarily residential and is not sixty percent (60%) subdivided. Conclusions of Law 1. This Court has jurisdiction over the parties and the subject matter of this action. Motion For Default Judgment 2. Indiana Code 36-4-3-15.5(b) provides, in part, as follows: "Upon a determination of the court that the complaint is sufficient, the judge shall fix a time for a hearing to be held not later than sixty (60) days after the determination. Notice of the proceedings shall be served by summons upon the proper officers of the annexing . municipality. The municipality shall become a defendant in the cause and be required to appear and answer.... 3 3. Notice of the proceedings was not served upon the proper officers of the City of Jeffersonville after the sufficiency determination when the City of Jeffersonville became a defendant and was required to appear and answer the complaint. 4. Plaintiff's Motion For Default Judgment for a failure of the City of Jeffersonville to timely answer the complaint should be denied. Annexation Appeal 5. A municipal annexation under Indiana Code 36-4-3 may be appealed by owners of land who fall under two categories. Indiana Code 36-4-3-11 provides for those persons who own land within the annexed area. And Indiana Code 36-4-3-15.5 provides for tho~e who own land within one-half (1/2) mile of the annexed area. 6. In order for a municipality to pr~evail in an annexation challenged by the owners of land in the annexed area, the specific r~qnirements set forth under Indiana Code 36-4-3-13 must be satisfied. 7. The legislature did not impose such specific requirements upon a municipality in order to prevail in a challenge by an owner of land within one-half (1/2) mile of the annexed area. The only requirement is one of contiguity as set forth under Indiana Code 36-4-3-15.5(b): "...If the evidence establishes that the territory sought to be annexed is contiguous to the annexing municipality, the court shall deny the appeal and dismiss the proceedings .... "(emphasis added) 8. Indiana Code 36-4-3-1.5 sets forth the requirement for a determination of whether a territory is "contiguous" to a municipality and therefore proper for consideration of annexation: "For purposes of this chapter, territory sought to be annexed may be considered "contiguous" only if at least one-eighth (1/8) of the aggregate external boundaries of the territory coincides with the boundaries of the annexing municipality." 9. 14.23 % of the aggregate external boundaries of Annexation Area 7 coincide with the boundaries of the City of Jeffersonville and, therefore, the requirement of contiguity is satisfied. 10. The Plaintiff's appeal should be denied and these proceedings should be dismissed. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY Tltl, COURT that the Plaintiff's Motion For Default Judgment and Plaintiffs appeaJ of the annexation of Annexation Area 7 should be and the same are hereby deny and this action is hereby dismissed. SO ORDERED THIS 5~ DAY OF NOVEMB~1' ~%~ f~ Daniel F. Donahue, Judge Clark Circuit Court Copies To: Gordon D. Ingle Attorney for Plaintiff Anne Made Galligan Attorney for Defendants Brian Bishop Clerk CLERK SUPRE~IE COLFRT~ COURT OF APPEALS~ AND TAX COURT STATE OF INDIANA 217 STATE HOUSE~ INDI2ffqAPOLI$~ IN 46204 317-232-1930 ' FAX 317-232-8365 ANNE MARIE GALLIGAN CITY-COUNTY BLDG., 4TH FL 501 HAST COURT AVE. JEFFERSONVILLE, IN 47130 Cause Number 10A01-0112-CV-00456 Lower Court Number: 10C010101CPll Fax Number: 812-285-6468 JACKSON, RONALD -V- CITY OF JEFFERSONVILLE, ET AL. You are hereb! nolifiedthatme SUPREME COURT nas onm,sday 11/21/02 THIS MATTER HAS COME BEFORE THE INDIANA SUPREME COURT ON A PETITION TO TRANSFER JURISDICTION FOLLOWING THE ISSUANCE OF A DECISION BY THE COURT OF APPEALS. THE PETITION WAS FILED PURSUANT TO APPELLATE RULE 57. THE COURT HAS REVIEWED THE DECISION OF THE COURT OF APPEALS. ANY RECORD ON APPEAL THAT WAS SUBMITTED HAS BEEN MADE AVAILABLE TO THE COURT FOR REVIEW, ALONG WITH ANY AND ALL BRIEFS THAT MAY HAVE BEEN FILED IN THE COURT OF APPEALS AND ALL THE MATERIALS FILED IN CONNECTION WITH THE REQUEST TO TRANSFER JURISDICTION. EACH PARTICIPATING MEMBER OF THE COURT HAS VOTED ON THE PETITION. EACH PARTICIPATING MEMBER HAS HAD THE OPPORTUNITY TO VOICE THAT JUSTICE'S VIEWS ON THE CASE IN CONFERENCE WITH THE OTHER JUSTICES. BEING DULY ADVISED, THE COURT NOW DENIES THE APPELLANT'S PETITION TO TRANSFER OF JURISDICTION. RANDALL T. SHEPARD, CHIEF JUSTICE ALL JUSTICES CONCUR. KM WITNESS my name and the seal of said Court, this 21sTday of NOVEMBER, 2002 Clerk Supreme Co~rt. C d Tox Court