HomeMy Public PortalAbout3044-1975- REPEALING ORDINANCE 2232-1966ORDINANCE NO. 3044-1975
AN ORDINANCE REPEALING ORDINANCE NO. 2232-1966, "AN ORDINANCE AUTHORIZING
THE CITY OF RICHMOND, INDIANA, TO JOIN, FOR LIMITED PURPOSES, IN A
PETITION TO BE INCLUDED WITHIN THE BOUNDARIES AND AS A PART OF THE
WHITEWATER VALLEY CONSERVANCY DISTRICT", AND ENACTING AN ORDINANCE
AUTHORIZING THE CITY OF RICHMOND, INDIANA TO PETITION FOR THE DISSOLU-
TION OF THE WHITEWATER VALLEY CONSERVANCY DISTRICT.
WHEREAS, the Common Council of the City of Richmond, Indiana, on November
21, 1966, enacted Ordinance No. 2232-1966, "AN ORDINANCE AUTHORIZING THE
CITY OF RICHMOND, INDIANA TO JOIN, FOR LIMITED PURPOSES, IN A PETITION
TO BE INCLUDED WITHIN THE BOUNDARIES AND AS A PART OF THE WHITEWATER
VALLEY CONSERVANCY DISTRICT", AND the City thereby petitioned and joined
in the petition, then being circulated, for the establishment of a
conservancy district; and that as a result thereof, each freeholder
within the area of the of the city that was within the proposed district
was considered as a signatory to said petition, and;
WHEREAS, by Decree and Order of the Wayne Circuit Court on August 1, 1968,
the Whitewater Valley Conservancy District was established, and;
WHEREAS, in 1975, the Whitewater Valley Conservancy District filed with
the Court its district plan for the accomplishment of the purposes of
the district, and;
WHEREAS, Exceptors filed exceptions to said district plan, and;
WHEREAS, the Court, after hearing found:
I. As to water supply - The proposed structures 4A and 8 of the
district plan which were to be constructed on the east fork of the White -
water River, north of the Middlefork Reservoir) "are not necessary,
proper or feasible to carry out the purpose or purposes of the district",
and;
II. As to recreation — That the proposed projects do not provide
°a reasonably substantial contribution to water management aspects of
the plan when compared to over-all costs and benefits from the projects
proposed in the plan", and;
III. As to costs - benefits - "Evidence does not sufficiently demon-
strate that estimated benefits exceed estimated costs and damages".
WHEREAS, in addition to the passage of time, and the considerable expenses
incurred to date, and the decision of the Wayne Circuit Court, other
circumstances have materially changed since the enactment of Ordinance
No. 2232-1966,
NOW THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF
RICHMOND, WAYNE COUNTY, INDIANA:
SECTION 1. That Ordinance No. 2232-1966, " AN ORDINANCE AUTHORIZING THE
CITY OF RICHMOND, INDIANA, TO JOIN, FOR LIMITED PURPOSES, IN A PETITION
TO BE INCLUDED WITHIN THE BOUNDARIES AND AS A PART OF THE WHITEWATER VALLEY
CONSERVANCY DISTRICT", be and is hereby repealed.
SECTION 2. That pursuant to "An Act Relating to Conservancy Districts",
of the General Assembly of the State of Indiana, including but not limited
to, Section 93, Chapter 308 of the Acts of 1957 (I.C. 19-3-2-97), City
of Richmond, Indiana, hereby petitions and joins in the petition now
being circulated for the dissolution of the Whitewater Valley Conservancy
District.
SECTION 3. The Clerk of the City of Richmond is hereby authorized and
directed to forward a certified copy of this Ordinance to the Judge of
the Wayne Circuit Court, the same to be filed for and on behalf of the
City and for each freeholder within the area of the City that is within
said District with said Petition for the Dissolution of the Whitewater
Valley Conservancy District.
PASSED by the Common Cou 1 of the City of Richmond, Indiana, on the
,%S f day of 1975.
Pr nt of Common Council
ATTEST:
a City Clerk
PRESENTED o the Ma or of the City of Richmond, Indiana, this
day of 1975.
CW Clerk
APPROVED by e, Mayor of the City of Richmond, Indiana, this 2.2, 4
day of _ „ 1975.
Mayor
ATTEST: ,
City Clerk