HomeMy WebLinkAbout1988-R-32RESOLUTION 88-R-~
A Resolution Granting Consent to the Town of
Sellersburg, Indiana, to Annex Territory Within Three
Miles of the Corporate Boundaries of the City of
Jeffersonville, Indiana.
(3)
WHEREAS, the Town of Sellersburg, Indiana, has
requested consent from the City of Jeffersonville for
annexation of territory contiguous to the boundaries of
Sellersburg, Indiana, which territory is designated by
exhibit "A" and attached hereto; and
WHEREAS, I.C. 36-4-3-9 requires that a town obtain the
consent of the legislative body of a second or third class
city before annexing territory within three (3) miles of the
corporate boundaries of the city; and
WHEREAS, the Town of Sellersburg is proceeding with
responsible planning and conforming to the requirements of
state law, is working on a fiscal plan and definite policy
for providing services to the proposed areas to be annexed.
NOW, Therefore, Be It Resolved by the Common Council of
the City of Jeffersonville, Clark County, Indiana that:
t. The Common Council of the City of Jeffersonville,
Clark County, Indiana, hereby consents to the annexation of
the territory represented in Exhibit A.
PASSED AND ADOPTED on this
1988, by the Common Council of the
Clark County, Indiana.
day of ,
City of Je~'~ersb~-~lle,
JOHN D. PERKINS
PRESIDENT, COMMON COUNCIL
Attest:
CLERK-TREASURER!
Presented to me as Clerk-Treasurer to the Mayor of ~he City
Indiana, this . day of ~'~ i ,
of Jeffersonville,
1988
CLERK-TREASU~R i'
Approved and signed by me this __ day of
, 1988.
MAYOR DALE L. OREM
PROPOSED ANNEXATION BY THE TOWN. OF SELLERSBURG~ INDIANA
A part of Surveys No. 67~ No. 87, No. 88~ No. 89, No. 108,
and No. 110 of the Illinois Grant, in silver Creek Township in
Clark County~ Indiana, and being fully described as follows:
Beginning at a corner of the Town of Sellersburg~ Indiana,
said corner being in Greenwood Road at the intersection of the
southeasterly line of a tract of land recorded at D~ed Book 220~
page 434 in the Clark County Recorder's Office, and a Town of
Sellersburg's line which is parallel to and. 125 feet west of the
westerly Right-of-Way line of U. S. Highway 31 (75' R/W) in Survey
No. 67, thence with said Town boundary the following courses:
South 53 deg~ 43'min. 25 sec. West, 641.0 feet, more or i~sS, with
said southeasterly line of said tract recorded in Deed Book
220, page 434, and GreenWood Road to the east corner of
Survey No. 87;
North 35 deg. West, 217.8 feet, more or less, with the line
dividing Surveys No. 87 and No. 67;
South 53 deg. 43 min. 25 sec. West, 372.0 feet, more or less;
South 35 deg. East, 217.8 feet, more or less, to the southeasterly
line of Survey No. 87 in Greenwood Road;
South 53 deg. 43 min. 25 sec. West, 200.0 feet, more or leSs~ With
said southeasterly line of Survey No. 87 and Greenwood Road;
North 35 deg. West, 217.8 feet, more or less;
South 53 deg. 43 min. 25 sec. West, 400 feet, more or less;
South 35 deg. East, 217.8 feet, more or less, to said south-
easterly line of SUrvey No. 87 and Greenwood Road;
South 53 deg. 43 min. 25 sec~ West, 251.2 feet, more or less, with
said southeasterly line of Survey No. 87 and Greenwood Road;
North 35 deg. West~ 217.8 feet, more~ or less;
South 53 deg. 43 min. 25 sec. West, 295.18 feet,
the easterly Right-of-Way of S. R. 60;
North 09 deg. 53 min. 50 sec. West, 36.97 feet,
said easterly line of S. R. 60;
North 12 deg. 18 min. 50 sec. west, 209.06 feet, more or
with said easterly line of S. R. 60;
North 04 deg. 55 min. 30 sec. East, 114.56 feet, more or
with said easterly line of S. R. 60;
North 53 deg. 44 min. East, 600.0 feet, more or less;
North 36 deg. 16 min. West, 750.17 feet, more or lesS;
South 55 deg. 24 min. West, 432.83 feet, more or less, to the
easterly Right-of-Way lin~ of 1-65. Thence con~inuing and
crossing 1-65;
South 55 deg. 24 min. West, 600~0 feet, more or leSS, to the
westerly Right-of-Way line of 1-65. Continuing thence;
South 55 deg~ 24 min. West, 476.05 feet;
North 34 deg. 36 min. West, 309.74 feet, more or less;
South 33 deg. 08 min. 05 sec. EaSt, 36.39 feet, more or less;
North 54 deg~ 59 min. 13 sec. West, 109.0 feet, more or less;
North 34 deg. 38 min. 03 sec. West, 426.51 feet, more or less,
the southeasterly
more or less, to
more or less, with
less,
less,
to
line of the Town of Clarksville~ Indiana.
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North
North
North
North
North
North
North
South
North
North
North
South
South
North
North
North
North
North
South
North
North
North
North
Thence with said southeasterly line of the Town of ClarkS-
ville, Indiana and leaving the boundary of the Town of
Sellersburg, Indiana;
55 deg. East, 322.1 feet, more or less, to the westerly
Right-of-Way line of new highway S. R. 60 and an easterly
corner of the Town of Clarksville, Indiana;
55 deg. 04 min. 31 sec. West, 307.12 feet, more or lesS,
with said westerly Right-of-Way line of new highway S. R.
60 and a northeasterly line of the Town of Clarksville,
Indiana;
54 deg. 49 min. 06 sec. West, 8.32 feet, more or less, with
said westerly Right-of-Way line of new highway S. R. 60 and
a northeasterly line of the Town of Clarksville, Indiana;
54 deg. 47. min. 34 sec. West, 203.49 feet, more or less,
with said westerly Right-of-Way line of new highway S. R.
60 and said northeasterly line of the Town of Clarksville,
Indiana;
53 deg. 40 min. 34 sec. West, 101.97 feet, more or less,
with said westerly Right-of-Way line of new highway S. R.
60, and a distance of 61.67 feet, more or less with said
northesterly line of the Town of Clarksville, Indiana;
48 deg. West, 407.44 feet, more or less, with said westerly
Right-of-way line of new highway S. R. 60;
45 deg. 49 min. 51 sec. West, 114.11 feet, more or lesS,
with said westerly line of new highway S. R~ 60 to the
northwesterly line of Survey No. 87, which is also the
southeasterly line of Survey No. 88;
55 deg. 12 min. 14 sec. West, 3414.43 feet, more or less,
with said line dividing Surveys No. 87 and No. 88;
50 deg. 20 min. West, 345.97 feet, more or less;
59 deg. 25 min. 26 sec. West, 50.64 feetw more or less;
50 deg. 04 min. 45 sec. West, 359.14 feet, more or less;
29 deg. 07 min. 57 sec. West, 400.0 feet, more or less;
55 deg~ 12 min. 14 sec. West, 425.0 feet, more or less, to
the Floyd County line which is also the southwesterly line
of Survey No. 88 in County Line Road, said point being North
34 deg. 44 min. 34 sec. West, 550.0 feet, more or less, from
the south corner of Survey No. 88, which is also the West
corner of Survey No. 87;
34 deg. 44 min. 34 sec. West, 1366.79 feet, more or less,
with said southwesterly line of Survey No. 88 and County
Line Road, and crossing State Road 311 at approximately 300
feet;
53 deg. 17 min. 50 sec. East, 1164.82 feet, more or less;
35 deg. 11 min. West, 330.8 feet, more or less;
51 deg. 55 min. East, 388.45 feet, more or less;
25 deg. 10 min. East, 211.7 feet, more or less;
63 deg. 17 min. 41 sec, East, 98,3 feet, more or less;
25 deg. 1'0 min. East, 825.0 feet, more or less, running
parallel to and 200 feet distant from the northwesterly
Right-of-Way line of State Road 311;
64 deg. 50 min. West, 210.6 feet, more or less;
25 deg. 10 min. East, 600.0 feet, more or less;
64 deg. 50 min. West, 25.0 feet, more or lesS, to the north-
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westerly line of Survey No. 88 , which is also the south-
easterly line of survey No. 108;
North 54 deg. 22 min. East, 764.3 feet, more or less, with said
line dividing Surveys No. 88 and No. 108 to the westerly
Right-of-Way line of new S. R. 60;
North 07 deg. 44 min. 15 sec. East, 41.5 feet, more or less, with
said westerly Right-of-Way line of new S. R. 60. Thence
crossing said Highway;
North 24 deg. 44 min. 15 sec. East, 180.0 feet, more or less, to
the easterly Right-of-Way line of new S. R. 60;
South 83 deg. 04 min. 55 sec. West, 60.98 feet, more or less,
with said easterly line of new highway S. R. 60;
North 50 deg. 16 min. 25 sec. West, 120.45 feet, more or less,
with said 9asterly line of new highway S. R. 60;
North 41 deg. 42 min. 20 sec. West, 33.65 feet, more or less, with
said easterly line of new highway S. R. 60;
North 41 deg. 43 min. 15 sec. West, 381.19 feet, more or less,
with said easterly line of new highway S. R. 60. Thence with
a curve to the right of radius 1834.89 feet, whose chord
bears
North 22 deg. 11 min. 18 sec. West, 949.43 feet, more or less,
with said easterly line of new highway S. R. 60;
North 06 deg. 14 min. 20 sec. East, 103.06 feet, more or less,
with said easterly Right-of-Way line of new highway S. R.60;
North 07 deg. 06 min. 46 sec. West, 200.00 feet, more or less,
with said easterly Right-of-Way line of new highway S.R.60;
North 15 deg. 04 min. 18 sec. West, 288.89 feet, more or lesS,
with said easterly Right-of-Way line of new highway S. R.60.
Thence with a curve to the left of radius 2606.5 feet, whose
chord bears
North 11 deg. 46 min. 08 sec. West, 423.19 feet, more or less,
with said easterly line of new highway S. R. 60;
South 76 deg. 29 min. 39 deg. East, 142.59 feet, more or less,
leaving said easterly Right-of-Way of new highway S. R~ 60,
and travelling with the westerly line of old S.R. 60;
South 33 deg~ 27 min. 34 sec. East, 94.73 feet, more or i~SS, With
said westerly line of old S.R. 60;
South 29 deg. 29 min. 11 sec. East, 74.17 feet, more or less, with
said westerly line of old S.R. 60;
South 40 deg. 15 min. East, 331.0 feet, more or less,-with said
westerly line of old S.R. 60;
South 40 deg. 26 min. 54 sec. East, 296.51 feet, more or less,
with said westerly line of old S.R. 60;
South 39 deg. 25 min. 17 sec. East, 411.68 feet, more or less,
with said westerly line of Old S.R. 60;
South 37 deg. 13 min. 31 sec. East, 350.39 feet, more or less,
with said westerly line of old S.R. 60, and a distance of
124.56 feet, more or less, with the boundary of the Town of
Sellersburg, Indiana, to the northwesterly Right-of-Way line
of State Road 311. Thence crossing State Road 341 and old
S. R. 60;
North 60 deg. East, 86~0 feet, more or less, to the intersection
of the southeasterly Right-of-Way line of S. R. 311 and the
easterly Right-of-Way line of Old S.R. 60;
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North 17 deg. 11 min. East, 460.0 feet, more or less, with said
southeasterly line of S. R. 311 to a boundary of the Town of
Sellersburg, Indiana. Thence with the Town boundary;
North 71 deg. 17 min. West, 192.7 feet, more or less, continuing
thence with said Town boundary;
South 07 deg. 11 min. West, 407.3 feet, more or less, continuing
thence with said Town boundary;
North 68 deg. 11 min. East, 182.7 feet, more or less, to said
southeasterly Right-of-Way line of S. R. 311. Thence leaving
the Town boundary;
North 09 deg. 07 min. East, 362.4 feet, more or less, with said
southeasterly Right-of-Way line of S. R. 31~ to the
boundary of the Town of Sellersburg. Thence again with the
Town boundary the following courses:
South 74 deg. 22 min. East, 860.3 feet, more or less;
North 48 deg. 52 min. East, 87.5 feet, more or less, to the line
dividing Surveys No. 108 and No. 110, said point being
North 40 deg. West, 686.5 feet.from the common corner of
Surveys No. 88, No. 89, No. 108, and No. 110;
North 40 deg. West, 647.6 feet, more or less, with said line
dividing Surveys No. 108 and No. 110;
North 65 deg. 47 min. 39 sec. East, 2~8.72 feet, more or less;
North 0 deg. 41 min. 29 sec, East, 444.33 feet, more or less;
North 11 deg, 36 min. 48 sec, West, 39.58 feet, more or less;
South 84 deg. 44 min. ~0 sec. East, 238.21 feet, more'or less;
North 49 deg. 47 min. 03 sec. East, 2~0.05 feet, more or less;
North 49 deg. 46 min. 00 sec. East, 276.42 feet, more or less, to
-the westerly Right-of-Way line of 1-65. Thence leaving the
boundary of the Town of Sellersburg, Indiana, and travelling
along said westerly Right-of-Way line of 1-65 the following
courses:
South 13 deg. 55 min. 21 sec. East, 353.46 feet, more or less;
South 16 deg. 35 min. 27 sec. East, 300.67 feet, more or less;
South 12 deg. 46 min. 36 sec. East, 700.00 feet, more or lesS;
South 04 deg. 14 min. 46 sec, EaSt, 202.24 feet, more or less;
South 21 deg. ~8 min. 27 sec. Ea'~t, 202.24 feet, more or less,
crossing the line dividing Surveys No. 1~0 and No~ 89 at
approximately 147 feet;
South 12 deg. 46 min. 36 sec. East, 508.61 feet, more or less;
South 12 deg. 46 min. 02 sec. East, 828.89 feet, more or less, to
the line dividing Surveys No. 88 and No. 89, Thence with
said line and crossing 1-65;
South 34 deg. 22 min. 35 sec. East, 669.25 feet, more or less, to
the easterly'Right-of-Way line of 1-65 and the boundary of
the Town of Sellersburg, Indiana. Thence with said Town
boundary the remaining following courses:
South 34 deg. 22 min. 35 sec. East, 224.08 feet, more or less,
with said line dividing Surveys No. 88 and No. 89;
North 54 deg. 52 min. 56 sec. East, 2079.76 feet, more or less;
South 34 deg. 57 min. 24 sec. East, ~164.3 feet, more or less;
South 55 deg. 08 min. West, 61.77 feet, more or less;
South 08 deg. 46 min. East, 494.0 feet, more or less;
North 77 deg. 26 min. East, 291.0 feet, more or less;
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South
South
South
12 deg. 34 min. East, 1093.8 feet, more or less, ~unning
parallel to and 125 feet distant from the westerly Right-of-
Way line of U. S. Highway 31 to the line dividing Surveys
No. 89 and No. 67;
08 deg. 01 min. 20 sec. East, 795.9 feet, more or less,
running parallel to and 125 feet distant from said westerly
Right-of-Way line of U. S. Highway 31;
11 deg. 44 min. East, 901.4 feet, more or less, running
parallel to and 125 feet distant from said westerly Right-
of-Way line of U. S. Highway 31 to the True Place of
Beginning and containing 710.5 acres of land.
Excepting-therefrom, 11.0 acres of land from parcels previously
annexed by the Town of Sellersburg, Indiana, which are included
in the total area of the boundary described above, leaving 699.5
acres of new land being annexed.
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THE
DALE OREM
Mayor
City-County Building
Jeffersonville, Indiana 47130
(812) 288-5546
VETO OF CONSENT RESOLUTION FOR SELLERSBURG
JEFFERSONVILLE -- AS Mayor
refused to sign Resolution No.
give consent to Sellersburg
of jeffersonville I have today
1 '
88-R-32, which reso_utlon was to
to annex certain territories.
Under Indiana code 36-4-3-9 it was necessary for Sellersburg as
a town to obtain the consent of jeffersonville before it took
any legislative action to annex territory to its boundaries.
As the consent requested ~s styled as a resolution, I therefore
have the obligation to approve or veto this legislative act
under the provisions of Indiana code 36-4-6-16. My decision to
not approve and sign this resolution in no way relates to my
personal preference as to whether certain areas in Silver Creek
Township should become a part of the Town of Clarksville or a
part of the Town of Sellersburg. However, for the reasons set
forth below, I cannot in good' conscience approve this
resolution as written.
In July of 1988, the Town Board of Clarksville asked to be
placed upon the agenda for a meeting of the jeffersonville city
Council in order to obtain consent of the city of
jeffersonville to annex certain areas in jeffersonville
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ENTERING A NEW ERA OF COMMUNITY GROWTH AND UNITY
2
Township and silver Creek Township. Maps and legal
descriptions were presented at that time, and much discussion
ensued. It was subsequently determined by the Council that
jeffersonville either had no ability to annex the territories
described by Clarksville or had no interest in extending its
boundaries into those areas now or in the foreseeable future.
As such, I had no problem with recognizing this legislative act
and promptly signed the resolution granting consent to annex
into ~law. Had Setlersburg voiced concern for our granting
consent at that time, we might be facing an entirely different
situation today. However, Clarksville has undertaken a
legislative act by its Town Board in annexing a portion of that
property for which Sellersburg now seeks consent to annex. I
believe that we must honor and respect the legislative acts
taken by other municipalities so long as they do not infringe
upon the rights or interests of the City of jeffersonville.
Therefore, unless a remonstrance is filed by the residents of
annexed by Clarksville, and depending upon whether
the
that
area
remonstrance would be successful in court, that area will
Clarksville under Indiana law.
become a part of the Town of As
a City, we originally gave Clarksville our word that
jeffersonville was not intending to annex north of Silver Creek
and west of Highway 160,
representation, Clarksville
legislation to those ends.
imprudent for
and basing its action upon this
expended funds and passed
I believe that it would be
the City of jeffersonville to take any action
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at this ~time which would also serve to thwart Clarksville's
annexation which was undertaken in reliance upon
jeffersonville's representation to them.
Similarly, I believe that all elected officials have a
duty to minimize litigation in our society as it today stands.
I cannot foresee that the passage of this resolution will do
anything other than create the possibility of numerous claims
and lawsuits which will further tax our already over-burdened
cour% system. Again, it it well established that the place for
disgruntled residents in the proposed annexation to fight such
an annexation is in a court of law by attacking the legislative
act of the annexing municipality and the fiscal plan upon which
the annexation is based. It is definitely not the proper place
to fight such a legislative act before the legislative body of
another municipality, and the City of jeffersonville in my
opinion should no~ be a party to such a battle.
Finally, as an elected official representing
jeffersonville's 25,000 residentst I must do what I think is in
the best interest of the people of our City. jeffersonville's
future growth and development is inextricably woven with the
common problems and interests which we share with Clarksville,
whose boundaries border ours from the river for six miles
north. We are currently involved in many interlocal agreements
upon issues including police and fire protection, Enhanced
Emergency telephone service, and others. In order for us to
maximize our potential, we must continue to have a cooperative
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4
attitude
at this
so doing
in our relations with Clarksville. It is my opinion
time that we should continue this cooperation, but in
should not cause financial injury to Sellersburg or
its future growth plans.
Never before in Indiana has any municipality been faced
with a decision similar to this which affects the future of two
of its neighbors, jeffersonville, at this particular time,
would have been much better off not to be involved in any
dispute between two neighboring towns. Due to internal
p~oblems on our own Council at this time, and because of the
hastiness of Sellersburg's action at this late date, it is in
our best interest to allow the judicial process to run its
course in the proper manner after the people of the Hamburg
area take whatever action under Indiana law they deem
appropriate to defeat clarksville's annexation.
Again, I emphasize that my refusal to sign this resolution
should not be interpreted as a decision by me as to which
municipality is best situated to serve the residents of the
affected area. As an elected official responsible for
efficiency providing municipal services, I have serious
concerns with the innovative relationship between clarksville
and the REMC. However, this is again a matter for the courts
to determine as clarksville has already undertaken a
legislative act of annexation. I would be happy at the present
time to sign any resolution which would give Sellersburg
consent to annex any area which has not presently been annexed
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5
by the Town of clarksville. In addition, I would not hesitate
in signing a consent resolution in the future should
clarksville's legislative act of annexation be deemed defective
by a court of proper jurisdiction. In the meantime, I believe
it is imperative that we respect the sovereign immunity of acts
previously undertaken by the Town Board of clarksville, as
those actS were undertaken in reliance upon consent obtained
from the City of jeffersonville and prior to any action taken
by the Town of Sellersburg.
I therefore request that this matter be placed upon the
agenda of the next regular meeting of the jeffersonville city
council on November 7, 1988, for purposes of allowing our
legislative body to vote in order to override my veto, if they
deem appropriate, under Indiana law.
Respectfully submitted this 1st day of November,
1988.
Dale L. Orem, Mayor
city of jeffersonville
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