HomeMy WebLinkAboutFiscal Plan for Frances C. Haley Annexation Area in German TownshipRESOLUTION
NO. 2145 -94
Passed by the Common Council of the City of South Bend, Indiana
Attest
June 27, 19 X94
Clerk
Presented by me to the Mayor of the City of South Bend, Indian
June 28, 94
19
of Common Council.
City Clerk
Approved and signed by me �! a' / l9 / /
e4 'a�� Mayor
RESOLUTION NO. a21 S 9_�
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 16.103 acres of vacant, undeveloped land, located in
German Township, contiguous therewith and generally located South of
Brick Road and west of Portage 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 territory to be annexed.
Adopted this a 7 day of ,
1994.
Me", Common Council
RESO\HALEY.ANX
PRESENTED &1- a z 9�C
NOT APPROVED
ADOPTED ,,, r.�? 7^ O
Filed In Clerk's Office
JUN R 1994
IRENE GAMMON
QTY CLERK, SO. BEND, !N.
EXHIBIT A
That part of the Northeast Qua
38 North, Range 2 East, German
Indiana which is described as:
North line of said Section 21
Road which is S. 90 100100" W.,
corner of said Section; thence
thence N. 89 053110" W., 660.00
1062.16 ft. to the North line
of Brick Road; thence N. 90 100
and centerline, 660.00 ft. to
Containing 16.103 acres.
rter of Section 21, Township
Township, St. Joseph County,
Beginning at a point on the
and the centerline of Brick
665.78 ft. from the Northeast
S. 00 °13140" W., 1063.47 ft.;
ft.; thence N. 00 013'40" E.,
of said Section and centerline
100" E. along said North Line
the point of beginning.
Subject to all legal highways, easements and restrictions of
record.
Resolution No.
CITY OF SOUTH BEND
FISCAL PLAN
Frances C. Haley
Annexation Area
GERMAN TOWNSHIP
Joseph Kernan - Mayor
South Bend Cijy Council
Steve Luecke
Cleo Washington
Rolland Kelly
Ann Puzzello
Linas Slavinskas
Thomas Zakrzewski
Sean Coleman
Loretta Duda
Eugene Ladewski
Planning Staff
Jon Hunt - Director, Dept. of Community and Economic Development
Division of Planning and Neighborhood Development:
Pam Meyer - Director
Larry Magliozzi, Assistant Director
June, 1994
TABLE OF CONTENTS
SECTION I. INTRODUCTION ........................... 3
A.
General
B.
Effective Date
C.
Previous Annexations
D.
Ownership
SECTION II. GENERAL DATA ........................... 4
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.
Administrative Services
SECTION IV. FISCAL IMPACT ..........................
SECTION V. RECOMMENDATION .......................
E
10
10
APPENDIX Maps and Tables anxhalyl
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 May 4, 1994 and received first reading by the Common Council on May 9,
1994.
B. Effective Date
The anticipated date for the annexation to be effective is September 17, 1994, 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
Previous annexations border the Annexation Area on the west and South:
• Ordinance 8133 -90 on the West.
• Ordinance 8242 -92 on the South
D. Ownership
Tax records maintained by the St. Joseph County Auditor's office indicate the owner of
the property as:
1. Francis C. Haley, 707 E. Ceder Street, Suite 450, South Bend, IN. 46617.
SECTION II. GENERAL DATA
A. Location and Access
The Annexation Area is generally located on the south side of Brick Road,
approximately 670 feet west of Portage Road in unincorporated St. Joseph County. It
is bordered on the south by the Toll Road Industrial Park 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 21, 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
1079.4' 2366.3' 3445.7
31.3% 68.7% 100.00%
D. Size and Topography
The size of the Annexation Area is 16.103 acres. The area is relatively flat.
E. Population and Density
The annexation Area is vacant, with no structures of any kind located 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 of any kind 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.
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. Tat Rate
Tax rate information is based upon published tax rates for tax year 1993 payable in
1994. 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. Therefore, the Township Rate will decrease by $0.2898 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 $6.1844 per $100.00 of assessed
valuation with the addition of the City and Town Rate, the Redevelopment District
Rate and the South Bend Transpo Rate.
The net increase in property taxes will be $5.8946 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 1994, is $262.10.
Assuming the property remains vacant and the tax rates remain the same, annexation
of the property would result in a new net tax of $423.54, based on current tax rates
and calculations.
L Assessments
The following net assessments in the Annexation Area are from the 1993 payable 1994
property tax records:
Land $3,400.00
Improvements $ 0.00
J. Councilmanic District
The Annexation Area will be in 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.
The Comparable Area for this Fiscal Plan is approximately 2,400 feet west of the
Annexation Area, on the south side of Brick Road. The area is generally flat with
some moderate sloping. The area is vacant and contains no structures. There is zero
population density.
-7-
Topography:
Land Use:
Density:
Annexation Area
generally flat
vacant, open field
zero (0)
Cornparable Area
generally flat
vacant, open field
zero (0)
Service delivery by the respective City agencies and departments, as set forth below, is
expected to 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 are also being provided to the
Comparable Area to the same extent that they are currently provided to the
Annexation Area.
L. HHUNG 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.
SECTION III. MUNICIPAL SERVICES
A. Public Works
Sanitary sewer and water will be available at the south property line of the
Annexation Area within the Toll Road Industrial Park subdivision.
The Department of Public Works would not anticipate any additional costs to provide
services to the Annexation Area.
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 is adjacent to 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 South Bend Fire Department does not foresee any unusual fire protection
problems related to this annexation. 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.
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 can provide services to the Annexation Area
without any additional expenses over the present budget, or increase in manpower.
E. 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.
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 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 compliance 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.
-10-
TABLE 1
Frances C. Maley (l)
'41we'Yallor7 scherl&e
May 94 VCY November 94
S M T W T F S 9q S M T W T F S
1 2 3 4 5 6 7 Y 1 2 3 4 5
8 9 l0 11 12 13 14 Frances C. Haley (1) - Ordinance 6 7 8 9 10 11 12
15 16 17 18 19 20 21 Filed 13 l4 15 16 17 18 19
22 23 24 25 26 27 28 20 21 22 23 24 25 26
29 30 31 9 27 28 29 30
Frances C. Haley (I) - 1 st Reading
june
June 94 B December 94
S M T W T F S Frances C. Haley (I) - Board of S M T W T F S
1 2 3 4 Public Safety 1 2 3
5 6 7 8 9 10 11 7O 4 5 6 7 8 9 10
13
12 13 14 15 16 17 18 Il 12 13 14 15 16 17
19 20 21 22 23 24 25 Frances C. Haley (I) - Board of 18 19 20 21 22 23 24
26 27 28 29 30 Public Works 25 26 27 28 29 30 31
21
FRances C. Haley (I) - Board of
Water Commissioners
July 94 27 January 95
S M T W T F S FRances C. Haley (I) - Council S M T W T F S
3 4 5 6 7 8 9 Hearing/Fiscal Plan 1 2 3 4 5 6 7
8 9 10 11 12 13 14
10 It 12 13 14 15 16 Frances C. Haley (I) - Council
17 18 19 20 21 22 23 15 16 17 18 19 20 21
24 25 26 27 28 29 30 Hearing /Ordinance 22 23 24 25 26 27 28
31 July 29 30 31
15
Frances C. Haley (1) - Remon-
August 94 strance Period Begins February 95
S M T W T F S t;Fp1ffnhff S M T W T F S
1 2 3 4 5 6 1 2 3 4
7 8 9 10 11 12 13 13 5 6 7 8 9 10 11
14 15 16 17 18 19 20 Frances C. Haley (1) - Remon- 12 13 14 15 16 17 18
21 22 23 24 25 26 27 19 20 21 22 23 24 25
28 29 30 31 strance Period Ends 26 27 28
17
Frances C. Haley (1) - Annexation
Effective
September 94 March 95
S M T W T F S S M T W T F S
1 2 3 1 2 3 4
4 5 6 7 8 910 5 6 7 8 9 l0 11
11 12 13 14 15 16 17 12 13 14 15 16 17 18
18 19 20 21 22 23 24 19 20 21 22 23 24 25
25 26 27 28 29 30 26 27 28 29 30 31
October 94 April 95
S M T W T F S S M T W T F S
I I
2 3 4 5 6 7 8 2 3 4 5 6 7 8
9 10 II 12 13 14 15 9 10 11 12 13 14 15
16 17 18 19 20 21 22 16 17 18 19 20 21 22
23 24 25 26 27 28 29 23 24 25 26 27 28 29
30 31 30
P inied Dy Calendar Creator Plus on 6/2/94
TABLE 2
LEGAL DESCRIPTION
THAT PART OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 38 NORTH, RANGE 2
EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGINNING AT A POINT ON T%E NORTH LINE OF SAID SECTION 21 AND THE CENTERLINE OF
BRICK ROAD WHICH IS S. 90 - 00' -00" W., 665.78 FT. FROM THE NORTHEAST CORNER OF
SAID SECTION; THENCE S. 090- 13' -40" W., 1063.47 FT.; THENCE N. 89 - 53' -10" W.,
660.00 FT.; THENCE N. 00 - 13' -40" E., 1062.16 FT TO THE NORTH LINE OF SAID
SECTION AND CENTERLINE OF BRICK ROAD; THENCE N. 908- 00' -00" E. ALONG SAID NORTH
LINE AND CENTERLINE, 660.00 FT. TO THE POINT OF BEGINNING.
CONTAINING 16.103 ACRES.
SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS,OF RECORD.
TAX RATE INFORMATION - German Township
1993 Payable 1994
FUND
GERMAN
TOWNSHIP
% OF
TOTAL RATE
Total State Rate
0.01
0.11%
Total County Rate
2.6505
29.55%
Township Fund
0.0192
17.83%
Poor Relief Fund
0.0177
Fire Fighting Fund
0.2898
Fire Debt Fund
0
Township Rec. Fund
0.0094
Total Township Rate
0.3361
3.75%
Total School Rate 5.2573 58.62%
Total Library Rate 0.6455 7.20%
Total City/Town Rate
Total Redevelopment
District Rate
Total Airport Rate 0.0698 0.78%
South Bend Transpo
TABLE 3
SOUTH BEND
TAX
% OF
GERMAN
DIFFERENTIAL
TOTAL RATE
0.01
0
0.07%
2.6505
0
17.83%
0.0192
0
0.0177
0
- 0.2898
0
0.0094
0
0.0463
0.31%
- 0.2898
township rate decrease
5.2573
0
35.37%
0.6455
0
4.34
j 5.685
5.685
38.25%
0.2465 0.2465
1.66%
0.0698 0
0.47%
0.2529 0.2529
1.70%
6.1844
city rate increase
TOTAL TAX RATES 8.9692 100.00% 14.8638 5.8946 100.00%
FRAMES G. - E( CA)
AITIEXATION AREA
Prepmed by
Mny 19q4
\ / /-/\ A -- )
! V I
City of South
Ares Proposed
be Annexed
!=RANGES G. ! -fALEY CI)
ANNEXATION AREA
Lend
to
4/11,11
0100 400 800 1200 1600
G r a ohic Scale
=oared by
Division of P mmng and Neighborhood Develcpment
May 19q4