LORENZO LAW OFFICE
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On August 9, 2009, Jeff Lorenzo made a request for extension of the City of Seymour’s “two-mile fringe” (the planning jurisdictional area outside the city limits) on behalf of Leslie Lake and Country Club Inc.  Leslie Lake and its golf course, Ash Hollow, are currently under the jurisdiction of the County plan commission.  The City’s two-mile zone ends directly across the road from the development.

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The process to alter the "two-mile fringe" requires an amendment to the City's comprehensive plan.  The procedure for amending the comprehensive plan is as follows:

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First of all, the City must either provide municipal services to the contiguous unincorporated area or the City must obtain permission from the County Commissioners to expand the City's jurisdictional area.  The City currently provides sewer services to the development and that is sufficient to meet the requirements of "providing municipal services."
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Then either the City Council or the Plan Commission can initiate the process.  If the City Council wants the amendment, it may direct the Plan Commission to prepare the amendment.  Then the Plan Commission has 60 days to prepare and submit the amendment.
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The Plan Commission holds a public hearing before approving the proposed amendment.  The amendment, if approved by the Plan Commission, is certified back to the City Council.
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The City Council then adopts a resolution approving, rejecting or amending the proposal. Such a resolution is not subject to approval or veto by the Mayor, and the Mayor is not required to sign it.
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If the City Council approves the proposal, then the process is complete. Upon approval, the Clerk-Treasurer places a copy on file with the County Recorder.  A copy should also be furnished to the County Commissioners and the County Plan Commission.
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If the City Council rejects or amends the proposal, then it must return the proposal to the Plan Commission with written reasons for its rejection or amendment of the proposal.
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The Plan Commission then has 60 days to consider the rejection or amendment proposed by the City Council.  If the Plan Commission approves the amendment, then the proposal stands.  If the Plan Commission rejects the City Council's resolution then the City Council's action stands only if it is confirmed by another resolution of the City Council.
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Upon approval, the Clerk-Treasurer places a copy on file with the County Recorder.  A copy should also be furnished to the County Commissioners and the County Plan Commission.
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Building commissioner Jeremy Gray, city engineer Jerry Hartsell, and Plan Commission member Mike Jordan have been appointed to study the request.

208 West Second Street | Seymour, Indiana 47274 | Phone: 812-524-9000 | Fax: 812-524-9001