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HomeMy WebLinkAboutFiscal Plan for Lilac Trails Annexation Area in German TownshipAttest RESOLUTION NO. 2273 -95 Passed by the Common Council of the City of South Bend, Indiana, Attest 14 9 95 Presented by me to the Mayor of the City of South Bend, Indiana August 15, 95 19 Approved and signed by me Clerk of Common Council. City Clerk 19 Mayor RESOLUTION NO. A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 9.93 acres of vacant, undeveloped land, located in German Township, contiguous therewith and generally located on the west side of Lilac Road, approximately 700 feet north of Darden Road. The development of the territory proposed to be annexed will require a level of basic municipal public services, which services shall include services of a non - capital nature, including street and road maintenance, fire and police protection, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, water facilities and storm water facilities; and WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a non - capital nature, including street and road maintenance, police and fire protection and other non - capital services normally provided within the corporate boundaries, and services of a capital improvement nature, including street construction, street lighting, water facilites, sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South Bend have approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed, which plan and policy the Common Council finds appropriate and the adoption of which as the plan and policy for the City of South Bend the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described at Exhibit "A," attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the services furnished by the City to other areas of the City which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, within three (3) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Common Coucil for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Exhibit "B ", attached hereto and made a part hereof, for the furnishing of said services to the territtory to be annexed. 1995. Adopted this L day of 0 / UST , PRESENTED NOT APPROVED ADOPTED ?- ICI -95 Q6mp6n Council Fig ®d in Clerk's office IRENEGAMMON CITYCLERK, SO, BEND, IN EXHIBIT A A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89- 56'03" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 345.00 FEET TO THE CENTERLINE OF LILAC ROAD; THENCE NORTH 0- 47'03" WEST ALONG SAID CENTERLINE, A DISTANCE OF 699.97 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 89- 43'54" WEST, A DISTANCE OF 272.48 FEET; THENCE SOUTH 01- 06'53" EAST, A DISTANCE OF 160.00 FEET TO THE NORTH LINE OF CROSS CREEK, SECTION ONE AS SHOWN IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89- 44'30" WEST ALONG SAID NORTH LINE, A DISTANCE OF 686.71 FEET; THENCE NORTH 0- 08'04" WEST, A DISTANCE OF 560.46 FEET; THENCE SOUTH 89- 57'36" EAST, A DISTANCE OF 691.82 FEET; THENCE SOUTH 01- 35'29" EAST, A DISTANCE OF 233.74 FEET; THENCE SOUTH 89- 29125" EAST, A DISTANCE OF 254.08 FEET TO THE CENTERLINE OF SAID LILAC ROAD; THENCE SOUTH 01- 41154" EAST ALONG SAID CENTERLINE, A DISTANCE OF 168.54 FEET TO THE PLACE OF BEGINNING. CITY OF SOUTH BEND FISCAL PLAN Lilac Trails Annexation Area GERMAN TOWNSHIP Joseph Kernan - Mayor South Bend City Council Steve Luecke Cleo Washington Rolland Kelly Ann Puzzello Linas Slavinskas Thomas Zakrzewski Sean Coleman Loretta Duda Eugene Ladewski Planning Staff Department. of Community 6& Economic Development Jon Hunt - Director Division of Planning and Neighborhood Development Pam Meyer - Director Larry Magliozzi, Assistant Director July, 1995 TABLE OF CONTENTS SECTION I. INTRODUCTION ....................... A. General B. Effective Date C. Previous Annexations D. Ownership SECTION II. GENERAL DATA ........................ A. Location and Access B. Legal Description C. Contiguity D. Size and Topography E. Population and Density F. Buildings and Land Use G. Zoning H. Tax Rate I. Assessments J. Councilmanic District K. Comparable Area L. Hiring Plan SECTION III. MUNICIPAL SERVICES ................. A. Public Works B. Police Department C. Fire Department D. Code Enforcement E. Environmental Services F. Administrative Services SECTION IV. FISCAL IMPACT ...................... SECTION V. RECOMMENDATION .................. 3 L! 9 10 10 APPENDIX Maps and Tables lilac.fis Lilac Acres Fiscal Plan SECTION I. INTRODUCTION A. General This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the voluntary annexation of property in German Township, St. Joseph County (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission and the following City Departments: Legal Department Department of Public Works South Bend Fire Department South Bend Police Department Department of Code Enforcement Department of Community and Economic Development Department of Administration and Finance The petition for voluntary annexation into the City was filed with the City Clerk's office on June 30, 1995 and received first reading by the Common Council on July 10, 1995. B. Effective Date The anticipated date for the annexation to be effective is October 30, 1995, after proper publication, notice and recordation as required by state law. An Annexation Schedule, designated as Table 1, can be found in the Appendix. C. Previous Annexations A previous annexation borders the Annexation Area on the west and South: • Ordinance 1571 -1970. This area has developed into the Cross Creek Subdivision. D. Ownership Tax records maintained by the St. Joseph County Auditor's office indicate the owner of the property as: 1. Huffaker, Dennis L. of 202 Brookshore Drive, Joliet, IL 60435. 3 Lilac Acres Fiscal Plan SECTION II. GENERAL DATA A. Location and Access The Annexation Area is located on the west side of Lilac Road, approximately 700 feet north of Darden Road in unincorporated St. Joseph County. It is bordered on the south and west by the Cross Creek residential subdivision. A Vicinity Map, Map 1, and an Annexation Area Map, Map 2, can be found in the Appendix. B. Legal Description The Annexation Area is part of the Northeast Quarter of Section 22, Township 38 North, Range 2 East, German Township. A complete legal description for the Annexation Area can be found in the Appendix, on Table 2. C. Contiguity The Annexation Area is at least one - eighth 1/8 (12.5 %) contiguous to the South Bend City limits: Contiguous Non - Contiguous Total 1247.17' 1780.66' 3027.83 41.2% 58.8% 100% D. Size and Topography The size of the Annexation Area is 9.93 acres. The area is relatively flat. E. Population and Density The annexation Area is vacant, with no structures present on the site. There is therefore no population, resulting in a population density of zero (0). F. Buildings and Land Use There are no structures located on the site. The Annexation Area is vacant, with no visible activity. G. Zoning The site is presently zoned "R " Residential, in unincorporated St. Joseph County. V. Lilac Acres Fiscal Plan Upon annexation it will be zoned "A" Residential per the requirements of Chapter 21 of the Municipal Code of the City of South Bend. H. Tax Rate Tax rate information is based upon published tax rates for tax year 1994 payable in 1995. Tax rates may, and generally do, change every year. Depending upon the effective date of the annexation, the rates used in this Fiscal Plan may no longer be applicable. The City of South Bend will be providing fire service upon incorporation of the Annexation Area. The Total Township Rate will decrease by $0.2955 per $100.00 of assessed valuation with the deletion of the Fire Fighting Fund assessment. The tax rate for the Annexation Area will increase by $6.3542 per $100.00 of assessed valuation with the addition of the City and Town Rate, the Redevelopment District Rate and the South Bend Transpo Rates. The net increase in property taxes are estimated to be $6.0587 per $100.00 of assessed valuation. Table 3 in the Appendix shows the current, representative tax rate information as published by the St. Joseph County Auditor. Property tax records indicate that the total tax bill, payable in 1995, is $390.25. Assuming the property remains vacant, annexation of the property would result in a new net tax of $634.43, based on current tax rates and calculations. L Assessments The following net assessments in the Annexation Area are from the 1994 payable 1995 property tax records: Land $4,990.00 Improvements $ 0.00 J. Councilmanic District The Annexation Area will be represented by Councilmanic District 1. K. Comparable Area One of the requirements of the Fiscal Plan is to show that the Annexation Area will receive services in a manner equivalent in standard and scope to services provided to areas within the City that have similar topography, patterns of land use, and population density. 7 Lilac Acres Fiscal Plan The Comparable Area for this Fiscal Plan is approximately 5,600 feet west of the Annexation Area, on the south side of Brick Road. The area is relatively flat.. The area is vacant and contains no structures. Population density is zero . Topography: Land Use: Density: Annexation Area relatively flat vacant, open field zero (0) Comparable Area relatively flat vacant, open field zero (0) Service delivery by the respective City agencies and departments, as set forth below, will be fully provided to the Annexation Area at the same level of service as is currently being provided to the Comparable Area. Police Protection, Fire Protection, Code Enforcement, and Administrative Services are being provided to the Comparable Area to the same extent that they will be provided to the Annexation Area. Public works services, such as, sanitary sewer and water service and sanitation services are also being provided to the Comparable Area to the same extent that they are currently provided to the Annexation Area. L. HIRING PLAN It is anticipated that this annexation will not result in the elimination of jobs for employees of other governmental units, although the City is not required to hire any employees whose jobs have been eliminated by an annexation. Lilac Acres Fiscal Plan SECTION III. MUNICIPAL SERVICES A. Public Works Sanitary sewer and water is available at the south property line of the Annexation Area within the Toll Road Industrial Park subdivision. The Department of Public Works does not anticipate any additional costs to provide services to the Annexation Area. capital costs for street, curb, sidewalks, lighting installation, sewer and water lines and any other public works improvements will be borne by the developer of the property. Extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36- 9 -22 -2, I.C. 8 -1.5 -3 and -4, and the rules and regulations of the South Bend Water Works and Sewer Utility. B. Police Department The Annexation Area will be incorporated into Beat 20. Beat 20, a fully staffed patrol beat, will provide service for the Annexation Area. Police officials do not anticipate any unusual problems to be encountered in patrolling the Annexation Area. Police patrols, traffic enforcement, and emergency responses will be a part of the services the City will provide to the Annexation Area. Upon annexation, police resources will be directed to the Annexation Area in the same manner as provided to all other areas of the City. C. Fire Department The Annexation Area is located approximately 1.5 miles from Station #11, located at 3505 North Bendix Drive. Additional responding units would be from Station #7 located approximately 3 miles away at 1616 Portage. The South Bend Fire Department does not foresee any unusual fire protection problems related to this annexation. Fire officials note that response times will be comparable to other areas of the City, and that no additional equipment will need to be purchased or personnel hired to service the Annexation Area. D. Code Enforcement The Department of Code Enforcement will provide all services to the Annexation Area without any increase in manpower. 9 Lilac Acres Fiscal Plan - E. Environmental Services The Bureau of Solid Waste will provide residential solid waste and yard waste services to the Annexation Area without an increase in manpower or equipment. Services will be available upon annexation or as residences become occupied. F. Administrative Services The incorporation of the Annexation Area will not effect the provision of other services currently provided to this property on a county -wide basis. The St. Joseph County Health Department, The Humane Society of St. Joseph County, the St. Joseph County Public Library, the Area Plan Commission and the St. Joseph County /South Bend Building Department are some of the county -wide agencies that will continue to provide the same type and level of services to the Annexation Area as is currently being provided. SECTION IV. FISCAL IMPACT The fiscal impact to the City upon annexation of the Annexation Area will be minimal. The expansion of police and fire service into the Annexation Area will be accomplished using existing forces and equipment. The extension of sanitary sewer and water will be at the cost of the developer of the property, and will be governed by the rules and regulations of the South Bend Water Works and Sewer Utility. Other public improvements such as roads and sidewalks will also be provided by the developer of the property under the direction of the Department of Public Works. SECTION V. RECOMMENDATION This Fiscal Plan shows that the Annexation Area meets the requirements of the laws of the State of Indiana pertaining to annexation of contiguous territory. This voluntary annexation will promote the delivery of efficient governmental services, and this Fiscal Plan demonstrates that the City is physically and financially able to provide municipal services to the territory sought to be annexed. This voluntary annexation is also in conformance with the City's Annexation Policy and Plan. It is recommended that this Fiscal Plan be adopted and that the Petition for Voluntary Annexation into the City of South Bend be approved. It is also recommended that the Annexation Area be accepted into the City after passage of the annexation ordinance, approval by the Mayor, and proper publication and notice. IL: Lilac Trails--., Annexaf.1 on Area Proposed Annexation Area MAP 1 Division of Planning & Neighborhood Development July 1995 Lilac Trails Annexation Area Proposed annexation area "`, >„ City of South Bend T �. Division of Planning & ' Neighborhood Development LJul-�L- _ 1995-1 VOLUNTARY PETITION: ILilac Trails Annexation Area Activity Staff.Level Ordinance filed with City Clerk's Office 6 -30 1st Reading before South Bend Common Council 7 10 Service Reports requested of all Departments 7 -12 Service Reports due back to Division of Planning 7 -21 Annexation /Fiscal Plan to be completed 7-26 Annexation /Fiscal Plan due to Legal Department 7 -26 Boa'ct LetxI Resolution distributed to all Boards: Fiscal Plans Due Board meetings: Public Works 7 -26 7 -31 Public Safety 7 -27 8 -2 Water Works 7 -26 8 -1 ii0 It1LI% �el�ef ME Public Hearing before Common Council /Resolution 8 14 Public Hearing before Common Council /Ordinance 8 -14 Ordinance Publication Dates F#emt�rstr a a e Annexation Remonstrance Period Begins 9 1 Annexation Remonstrance Period Ends 10 -30 Estimated effective date of annexation 10 30 TABLE 1 Lilac Acres Fiscal Plan LEGAL DESCRIPTION A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89- 56'03" WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 345.00 FEET TO THE CENTERLINE OF LILAC ROAD; THENCE NORTH 0- 47'03" WEST ALONG SAID CENTERLINE, A DISTANCE OF 699.97 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 89- 43'54" WEST, A DISTANCE OF 272.48 FEET; THENCE SOUTH 01- 06'53" EAST, A DISTANCE OF 160.00 FEET TO THE NORTH LINE OF CROSS CREEK, SECTION ONE AS SHOWN IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89- 44'30" WEST ALONG SAID NORTH LINE, A DISTANCE OF 686.71 FEET; THENCE NORTH 0- 08'04" WEST, A DISTANCE OF 560.46 FEET; THENCE SOUTH 89- 57'36" EAST, A DISTANCE OF 691.82 FEET; THENCE SOUTH 01- 35'29" EAST, A DISTANCE OF 233.74 FEET; THENCE SOUTH 89- 29'25" EAST, A DISTANCE OF 254.08 FEET TO THE CENTERLINE OF SAID LILAC ROAD; THENCE SOUTH 01- 41'54" EAST ALONG SAID CENTERLINE, A DISTANCE OF 168.54 FEET TO THE PLACE OF BEGINNING. TABLE 2 13 TABLE 3 TAX RATE INFORMATION - German Township 1994 Payable 1995 GERMAN %OF SOUTH BEND TAX %OF FUND TOWNSHIP TOTAL RATE. GERMAN DIFFERENTIAL TOTAL RATE Total State Rate 0.01 0.11% !j 0.01 0 0.07% Total County Rate 2.7700 30.57% - 2.7700 0 18.32% Township Fund 0.0133 0.0133 0 Poor Relief Fund 0.0177 0.0177 0 Fire Fighting Fund 0.2955 - 0.2955 Fire Debt Fund 0 Township Rec. Fund 4 0 Total Township Rate 0.3265 3.60% 0.031 0.21% -0.2955 township rate decrease Total School Rate 5.1500 56.83% 5.1500 0 34.06% Total Library Rate 0.6674 7.36% 0.6674 0 4.41% Total Cityfrown Rate 5.8983 5.8983 39.01% Total Redevelopment District Rate 0.1941 0.1941 1.28% Total Airport Rate 0.1386 1.53% 0.1386 0 0.92% South Bend Transpo 0.2618 0.2618 1.73% 6.3542 city rate increase TOTAL TAX RATES 9.0625 100.00% 1 15.1212 6.0587 100.00%