WHEREAS, the Town Council of the Town of Silver Lake, Indiana received a petition requesting that certain territory generally located north of Dixie Drive and west of Jefferson Street/State Road 15 (hereinafter the “Annexation Territory”) be annexed by the Town of Silver Lake; and
WHEREAS, the Indiana North District of the Wesleyan Church, Inc. (hereinafter the “Petitioner”) is the sole owner of the Annexation Territory; and
WHEREAS the petition was signed by the District President of the Indiana North District of the Wesleyan Church, Inc., said signature constituting 100 percent of the landowners within the Annexation Territory, and was accepted and deemed in proper form by the Silver Lake Town Council pursuant to I.C. 36-4-3-5.1; and
WHEREAS, the Council now deems it desirable and in the best interest of the Town to annex the Annexation Territory; and
WHEREAS, a legal description and map of the Annexation Territory are attached hereto as Exhibit A and Exhibit B; and
WHEREAS, where the legal description attached as Exhibit A describes the land that is contiguous to a public highway right-of-way that has not previously been annexed, the Annexation Territory shall include the contiguous public highway right-of-way even if it is not described in Exhibit A, except to the extent prohibited in I.C. 36-4-3-1.5(c); and
WHEREAS, where the parcel of property within the Annexation Territory is adjacent to a parcel of property within existing Town limits, the Annexation Territory boundary shall conform to and match the boundary of the existing Town limits so long as it does not result in adding or removing parcels of property from the Annexation Territory depicted in Exhibit B; and
WHEREAS, the Annexation Territory consists of approximately five (5) calculated acres, and is contiguous of the existing Town limits; and
WHEREAS, prior to adoption of this ordinance, the Council, by Resolution, will have adopted a written fiscal plan and definite policy forth provisions of services of both non-capital and capital nature to the Annexation Territory that meets the requirements of I.C. 36-4-3; and
WHEREAS, the terms and conditions of this annexation, including the written fiscal plan, are fairly calculated to make the annexation fair and equitable to the property owners and residents of the Annexation Territory and the Town; and
WHEREAS, prior to the final adoption of this Ordinance, the town will have conducted a Public Hearing pursuant to proper notice issued as required by law; and
WHEREAS, the Council finds that the Annexation pursuant to the terms of this Ordinance is fair and equitable and should be accomplished.
NOW THEREFORE BE IT ORDAINED by the Silver Lake Town Council, Kosciusko County, Indiana, as follows: 1. In accordance with I.C. 36-4-3-5.1 and other applicable laws, the Annexation Territory is hereby annexed to the Town and thereby included within its corporate boundaries pursuant to terms of this Ordinance. 2. In accordance with I.C. 36-4-3-7 (b), the effective date of this annexation is such that the Annexation Territory shall be a part of the Town on April 1, 2022, or before as legally possible. 3. Some or all of the property within the Annexation Territory is currently classified as “NFP Exemption” for tax purposes. The Town of Silver Lake anticipates the real property will be treated as exempt from property tax liability unless/until the land is reclassified under assessment rules and guidelines. 4. All prior ordinances or parts thereof that may be inconsistent with any provisions of this ordinances are superseded. The paragraphs, sentences, words, and Annexation Territory of this ordinance are separable, and if a court of competent jurisdiction hereof declares any portion of this ordinance or the Annexation Territory unconstitutional, invalid, or unenforceable for any reason, such declaration shall not affect the remaining portions of the Annexation Territory or this Ordinance. 5. The effective date of this annexation shall be as soon as allowed by law following its adoption, execution, and publication are required by law, except as otherwise set forth. Introduced on the 9th day of February, 2022, and adopted by the Town Council of the Town of Silver Lake, Kosciusko County, Indiana on this 9th day of March, 2022.
Medard Hugh Murfin, Council President
Nichole Taylor, Council Member
Gloria Jean Weller, Council Member
ATTEST: Tonya Conley, Clerk-Treasurer
TOWN OF SILVER LAKE ANNEX-INDIANA NORTH DISTRICT
OF THE WESLEYAN CHURCH, INC.
A TRACT OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 30 NORTH, RANGE 6 EAST, 2ND PM., LAKE TOWNSHIP, KOSCIUSKO COUNTY, INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST (ASSUMED BEARING) 964.0 FEET (RECORDED); THENCE NORTH 88 DEGREES 49 MINUTES 41 SECONDS WEST, 30.00 FEET TO A ½ INCH IRON BAR AT THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 49 MINUTES 41 SECONDS WEST, ALONG THE NORTH LINE OF DIXIE DRIVE, 518.57 FEET TO A ½ INCH IRON BAR; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 420.00 FEET TO A 14/2 INCH IRON BAR ON THE WEST LINE OF STATE ROAD 15; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID WEST LINE, 420.00 FEET TO THE POINT OF BEGINNING.
Commonly known as: 3098 W. Dixie Drive
Parcel Nos.: 43-18-06-100-047.00-013 (035-025-001.H)