HomeMy WebLinkAboutFiscal Plan for Shively/Demaegt Annexation Area German TownshipRESOLUTION
2081A -93
Passed by the Common Council of the City of South Bend, Indiana,
October 25, 19 93
Attest:__
Clerk
Attest:__ • �G1� o =_ President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by me
October 26, 93
19
/o -Z6
19/
City Clerk
Mayor
SUBSTITUTE RESOLUTION NO. SLR -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
(SHIVELY- DEMAEGT ANNEXATION)
WHEREAS, there has been submitted to the Common Council of the
City of South Bend, Indiana, a substitute 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 is vacant land
located in German Township, St. Joseph County, contiguous therewith
and generally located east of Mayflower Road, between Brick and
Cleveland Roads. The development of the territory proposed to be
annexed will require a basic level of municipal public services, which
services shall include services of a non-- capital nature, including
street and road maintenance, and services of a capital improvement
nature, including street construction, street lighting, sewer
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
facilities, 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, as it
relates to the territory to be annexed, the Common Council finds to be
in the best interests of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL 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 in
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 Council of the City of South Bend
shall and does hereby now establish and adopt the fiscal plan,
attached hereto and made a part hereof, for the furnishing of said
services to the territory to be annexed.
Section IV. This Resolution should be in full force and effect
upon its adoption by the Common Council and approved by the Mayor.
Adopted this day of , 1993.
Membeot, Corrgh Council
PRFS i ILD C9�--@off- 1i, & F-,, +.�- V, \9q 3
NOT APPROVED. ((�� t- \ - �?
ADOPTED �4Zp�U a Z I 1 qi
Filed it;
OCT ?01993
IAENE GAMMON
CRY CLERK 30. BEND, Bt
EXHIBIT A
Parcels of land located in the Northwest quarter of Section
21 and the Northeast quarter of Section 20, Township 38
North, Range 2 East, German Township, St. Joseph County,
Indiana. More particularly described as follows:
Beginning at the center point of Section 21, thence North
along the West line of the Toll Road Industrial Park
Subdivision 1325.083 feet; thence West 661.02 feet; thence
North 1280 feet; more or less to the centerline of Brick
Rd.; thence West 661.02 feet; thence South 530 feet; thence
West 138.48 feet, thence South 465 feet, more or less to the
south line, extended east, of the Hartman & DeMaegt
Subdivision and the High Meadows Estates Subdivision; thence
West along the south line of Hartman and DeMaegt Subdivision
and High Meadows Estates Subdivision to the Southwest corner
of Lot 35 of High Meadows Estates Subdivision thence North
along the west line of said subdivision to a point 750 feet
south of the centerline of Brick Road; thence West parallel
with the centerline of Brick Road 420 feet, more or less
thence North parallel with the west line of said subdivision
750 feet to the centerline of Brick Road; thence West along
the centerline of Brick Road to the centerline of Mayflower
Road; thence South 1308 feet, thence Southeast 74.74 feet;
thence East by Southeast 2757 feet along the North right -of-
way line of Cleveland Rd. Extension; thence North 669.74
feet; thence East 561.72 feet; thence South 795.17 feet to
the North right -of -way "line of Cleveland Rd. Extension;
thence Southeasterly 1630.36 feet along the North right -of-
way line of Cleveland Rd. Extension; thence East 180 feet to
the center point of Section 21, being the point of beginning
and containing approximately 140.9 acres.
Resolution
CITY OF SOUTH BEND
FISCAL PLAN
Shively/ DeMaegt
Annexation Area
GERMAN TOWNSHIP
Joseph Kernan - Mayor
South Bend Common Council
Steve Luecke
Cleo Washington
Rolland Kelly
Ann Puzzello
Linas Slavinskas
Thomas Zakrzewski
Sean Coleman
Loretta Duda
Eugene Ladewski
Planning Staff
Jon Hunt - Director, Department of Community and Economic Development
Division of Planning & Neighborhood Development:
Pam Meyer - Director
Larry Magliozzi, Assistant Director
October 1993
TABLE OF CONTENTS
SECTION I.
INTRODUCTION ........................
1
A.
General
B.
Effective Date
C.
Previous Annexations
D.
Ownership
SECTION II.
REQUIREMENTS OF STATE ANNEXATION LAW
2
A.
Applicability
B.
Need for Annexation of New Area
SECTION III.
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 IV.
MUNICIPAL SERVICES ...................
8
A.
Public Works
B.
Police Department
C.
Fire Department
D.
Code Enforcement
E.
Administrative Services
SECTION V.
FISCAL IMPACT ........................
10
SECTION VI.
RECOMMENDATION ....................
10
APPENDIX
Maps and Tables
\anxshidm
SECTION I. INTRODUCTION
A. General
This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the
annexation of property in German Township, St. Joseph County (hereinafter,
"Annexation Area "), and was developed through the cooperative efforts of the Area
Plan Commission of St. Joseph County 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 Economic Development
Department of Administration and Finance
B. Effective Date
The anticipated date for the annexation to be effective is January 14, 1994 after proper
publication, notice and recordation as required by state law. An Annexation Schedule,
titled as such and designated as Table 1, can be found in the Appendix.
C. Previous Annexations
Previous annexations border the Annexation Area on the East, South, and West:
• Ordinances 8133 -90 and 8242 -92 on the East.
• Ordinances 6626 -79 and 7594 -86 on the South and West.
D. Ownership
Tax records maintained by the St. Joseph County Auditor's office indicate the primary
owners of the properties within the Annexation Area are: Viola K. Shively (estate) at
23260 Brick Road, South Bend, IN 46628; Ray and Justine DeMaegt of 2705 Marquette
Blvd, South Bend, IN, 46628; and Rael Brown & National Bank & Trust with a mailing
address of 1821 Campeau, South Bend, IN, 46617. Other interest may be represented.
SECTION II. REQUIREMENTS OF STATE ANNEXATION LAW
A. Applicability
This fiscal plan meets the requirements of state law by adhering to the appropriate
sections of the Indiana Code relative to contiguity (36- 4- 3- 13(c)(1)); the need for the
territory to be annexed (36- 4- 3- 13(c)(2)); development of a written fiscal plan (36-4-3 -
13(d)); and all other applicable provision relative to notice, publication and
recordation.
More specific and detailed information, meeting the provisions of the applicable
sections of state law, can be found in the appropriate sections of this fiscal plan.
B. Need For Annexation of New Area
The City of South Bend, in partnership with the South Bend Redevelopment Authority
and the St. Joseph County Airport Authority, initiated a major economic development
project in 1991 (see Map 1). The project involves the development of over 3,500 acres
surrounding the Michiana Regional Airport and the Toll Road /U.S. 31 Bypass. The
project, Airport 2010, includes the Airport Economic Development Area, within which
is located the Blackthorn Corporate Center and the Blackthorn golf course. It is
contemplated to be an ongoing private - public partnership resulting in hundreds of
millions of dollars of private investment, and thousands of jobs for north - central
Indiana.
Approximately 121 acres of the just over 140 acre Annexation Area is within the
Airport 2010 planning area. The Blackthorn Corporate Center and the Blackthorn golf
course are the focal point of the Airport 2010 project. Both are located at one of the
most strategic transportation nodes in St. Joseph County: the confluence of the Indiana
Toll Road, the U.S. 31 Bypass, and Lincolnway West (U.S. 20) and, the proximity of the
Michiana Regional Airport, a multi -model facility with air, bus and train transportation
elements.
The City has envisioned from the outset that the proper catalyst would make the
Airport 2010 area a premier office, warehouse, and industrial location. By design, and
in accordance with the dictates of proper and efficient development planning, the
Airport 2010 area necessarily encompassed land beyond the then existing city limits.
Those portions of the Airport 2010 planning area located outside the South Bend City
limits are, nonetheless, influenced by the development of the area. Similarly, efficient
planning for expansion of the needed infrastructure: sewer, water, streets, as well as
police and fire protection, necessitated the inclusion within the planning area of land
outside the South Bend city limits. Furthermore, it is in the best and long term
2
interest of the Airport 2010 project to have in place a consistent set of development
standards. For these reasons, it is desirable that the Annexation Area have the same
development standards as its neighboring properties in the City. Development of
properties adjacent the Annexation Area and within the City, are subject to the
ordinances and standards of the City; development of the Annexation Area is subject
to the ordinances and standards of St. Joseph County. The Ordinances and
development standards of the City and of St. Joseph County are not identical, nor are
they necessarily compatible. Since the Annexation Area is contiguous to the City yet
subject to different development standards, zoning, and other ordinances, planning for
the development of the City in this vicinity is inherently more difficult and potentially
frustrated. The Annexation Area, therefore, is needed and can be used by the City for
development, and is a natural and logical extension of the City boundary.
Kl
SECTION III. GENERAL DATA
A. Location and Access
The Annexation Area is generally located east of Mayflower Road, approximately 1,000
feet south of Brick Road, north of the Cleveland Road extension (New Cleveland
Road) and west of the Toll Road Industrial Park. A Vicinity map (Map 2) and an
Annexation Area map (Map 3) can be found in the Appendix. The parcels within the
Annexation Area are identified on the Auditor's tax maps as Tax Key Numbers 04-
1012 -0198, 04- 1012 - 0199.37, 04- 1013 - 0207.02, and 04- 1012 - 0207.04.
B. Legal Description
The Annexation Area is part of the Northwest quarter of section 21, and the Northeast
quarter of Section 20, Township 38 North, Range 2 east, German Township, St. Joseph
County, Indiana. 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 - fourth 1/4 (25 %) contiguous to the South Bend
City limits:
Contiguous Non - Contiguous Total
9,301.81' 8,550.52' 17,852.33'
52.10% 47.90% 100.00%
D. Size and Topography
The size of the Annexation Area is approximately 140.9 acres, determined by metes
and bounds calculations.
The Area is flat to moderately sloping.
E. Population and Density
The Annexation Area is part of Census Track 110, Block 311C. 1990 Census data
0
indicated 62 housing units with a population of 142. The Annexation Area consists of
only a portion of Block 311C.
A site survey of the Annexation Area was conducted. Based on the survey, there are
no housing units, or any other types of structures, within the Annexation Area. The
Annexation Area therefore has no observed population, and a density of zero (0).
F. Buildings and Land Use
There are no dwelling units or any other type of structures observed within the
Annexation Area. The Annexation Area is a mixture of agricultural and open fields,
with a wooded area at the east end.
G. Zoning
The site is zoned 'R" Residential and "M" Manufacturing 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.
Upon notification of the annexation, The Area Plan Commission of St. Joseph County
may recommend a zoning classification other than "A" Residential.
H. Tax Rate
Tax rate information is based upon published tax rates for tax year 1992 payable in
1993. Tax rates may, and generally do, change every year. Depending upon the
effective date of the annexation, the rates used here may no longer be applicable.
The City of South Bend will be providing fire service upon incorporation of the
Annexation Area. Therefore, it is estimated that the Township Rate will decrease by
$308 per $100.00 of assessed valuation with the deletion of the Fire Fighting Fund, and
the Fire Debt Fund.
It is estimated that the tax rate for the Annexation Area will increase by $5.9126 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 are estimated to be $5.6046 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.
61
L Assessments
Net assessments noted are from the 1992 payable 1993 property tax records.
Real Property $44,670.00
Personal Property 0.00
TOTAL $44,670.00
Property tax records indicate that the total tax bill, payable in 1993, for the properties
involved within the Annexation Area, is $3,192.11. Assuming that factors remain
constant, the total tax bill for the same properties upon incorporation would be
approximately $5,237.00, an increase of about $2,045.00 or 60.9 %.
It is noted here that some properties are not beizig annexed in their entirety. This will
greatly effect the calculation of subsequent tax bills.
J. Councilmanic District
The Annexation Area will be assigned to 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 generally located north of the right -of -way
of the proposed F. Jay Nimtz Parkway, south of the Indiana Toll Road, and east of
Mayflower Road. The area is flat to moderately sloping. The area has no dwellings or
structures of any kind, and is proposed for office, commercial and industrial
development. Population density is zero (0):
Annexation Area
Topography: flat to moderately
sloping
Land Use: agriculture, open fields,
wooded area
Density: 0.0 persons /acre
ri
Comparable Area
flat to moderately
sloping
agriculture, open
fields, wooded area
0.0 persons /acre
Service delivery by the respective City agencies and departments 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.
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.
7
SECTION W. MUNICIPAL SERVICES
A. Public Works
City sanitary sewer and water are available to the annexation Area. The Department
of Public Works does not anticipate any additional cost to provide services to the
Annexation Area.
A 15" sanitary sewer abuts the Annexation Area, located in the Cleveland Road
extension right -of -way. The sewer is capable of handling any future development
within the Annexation Area.
A 12" water main is located within the Cleveland Road extension right -of -way. A 16"
water main is also located along Mayflower Road. Both water mains are available 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.
All additional public works services are capable of being provided to this site.
B. Police Department
The Annexation Area is contiguous to Beat 20. Beat 20 will be expanded to provide
police service. Routine patrol, law enforcement, traffic enforcement and emergency
responses will be provided by the Beat car assigned to the area.
The Annexation Area is not expected to create any unusual problems relative to
patrolling the Area. As the Annexation Area is developed, police resources will be
applied in a manner comparable to all other areas of the City.
No additional capital expenditures will be required to successfully patrol the
Annexation Area.
C. Fire Department
The South Bend Fire Department does not foresee any unusual fire protection
problems related to the Annexation Area. The Annexation Area is located
approximately 1.5 miles from Station #11 located at 3505 North Bendix. Additional fire
units would respond including Station #7 located approximately 4 miles away at 1616
8
Portage Avenue.
Response times will be comparable to other areas of the City.
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 services to the Annexation Area
without any additional expenses over the present budget.
E. Administrative Services
The incorporation of the Annexation Area will not effect the provision to the
Annexation Area of other services currently provided 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
currently available to it now.
Other City agencies such as the Park Department, the Department of Economic
Development, the Department of Administration and Finance and the Legal
Department, will also be in a position to provide appropriate service to the Annexation
Area at the same level as is currently being provided to other areas of the City.
9
SECTION V. FISCAL IMPACT
The fiscal impact to the City upon annexation of the annexation Area will be minimal.
Improvements of a capital nature will not be necessary to provide comparable services.
Administrative costs, or expenditures of a non - capital nature, will be absorbed by the
normal City budget process.
SECTION VI. 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 property. The issues of
contiguity, the need for the annexation of the contiguous territory, and a written fiscal
plan are provided within the context of this document.
The Fiscal Plan also shows that the Annexation Area is needed and can be used by the
municipality in the promotion of the delivery of efficient governmental services, and
that the City is physically and financially able to provide municipal services to the
territory sought to be annexed.
It is recommended that this Fiscal Plan be adopted and that the Petition for
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
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10/93
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Shively /DeMaegt Annexation Schedule
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Shively /DeMaegt Annexation Schedule
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4 Shively /DeMaegt - Board of Public Works
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5 Shively /DeMaegt - Board of Water Commissioners
11 Shively /DeMaegt - Council Hearing /Fiscal Plan
Shively /DeMaegt - Council Hearing /Ordinance
Shively /DeMaegt - Council Hearing, Continued
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1994
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November
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12 Shively /DeMaegt - Remonstrance Period Begins
January
11 Shively /DeMaegt - Remonstrance Period Ends
May 1994
14 Shively /DeMaegt - Annexation Effective
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TABLE 1
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
LEGAL DESCRIPTION
Parcels of land located in the Northwest quarter of Section 21 and
the Northeast quarter of Section 20, Township 38 North, Range 2
East, German Township, St. Joseph County, Indiana. More
particularly described as follows:
Beginning at the center point of Section 21, thence North along the
West line of the Toll Road Industrial Park Subdivision 1325.083
feet; thence West 661.02 feet; Thence North 1280 feet, more or less
to the centerline of Brick Road; Thence West 661.02 feet; thence
South 530 feet.; thence West 138.48 feet, thence South 465 feet,
more or less to the South line, extended east, of the Hartman &
DeMaegt Subdivision and the High Meadows Estates Subdivision;
thence West along the south line of the Hartman and DeMaegt
Subdivision and High Meadows Estates Subdivision to the Southwest
corner of Lot 35 of the High Meadows Estates Subdivision; thence
North along the west line of said subdivision to a point 750 feet
south of the centerline of Brick Road; thence West parallel with
the centerline of Brick Road 420 feet, more or less; thence North
parallel with the west line of said subdivision 750 feet to the
centerline of Brick Road; thence West along the centerline of Brick
Road to the centerline of Mayflower Road; thence South 1308 feet,
thence Southeast 74.74 feet; thence East by Southeast 2757 feet
along the North right -of -way line of Cleveland Road Extension;
thence North 669.74 feet; thence East 561.72 feet; thence South
795.17 feet to the North right -of -way line of Cleveland Road
Extension; thence Southeasterly 1630.36 feet along the North right -
of -way line of Cleveland Road Extension; thence East 180 feet to
the center point of Section 21, being the point of beginning and
containing approximately 140.9 acres.
Met
5.9126 city rate increase
TOTAL TAX RATES 8.4203 100.00% 14.0249 5.6046 1
TABLE 3
(TAX RATE INFORMATION - German Township -j
1992 Payable 1993
GERMAN
% OF
SOUTH BEND
TAX
% OF
FUND
TOWNSHIP
TOTAL RATE
GERMAN
DIFFERENTIAL
TOTALRATE
Total State Rate
0.01
0.12 %r
0.01
0
0.07%
Total County Rate
2.3795
28.26%
2.3795
0
16.97%
Township Fund
0.0147
0.0147
0
Poor Relief Fund
0.01
0.01
0
Fire Fighting Fund
0.2841
- 0.2841
Fire Debt Fund
0.0239
- 0.0239
Township Rec. Fund
0.0187
0.0187
0
Total Township Rate
0.3514
4.17%
0.0434
0.31%
-0.308
township rate decrease
Total School Rate
4.9691
59.01%
4.9691
0
35.43%
Total Library Rate
0.6422
7.63 % >: . =
0.6422
0
4.58%
Total City/Town Rate
5.495
5.495
39.18%
Total Redevelopment
0.1744
0.1744
1.24%
District Rate
Total Airport Rate
0.0681
0.81%
0.0681
0
0.49%
South Bend Transpo
0.2432
0.2432
1.73%
5.9126 city rate increase
TOTAL TAX RATES 8.4203 100.00% 14.0249 5.6046 1
TABLE 3
Zo
Vicinity Map
Shively/DeMaegt Annexation Area
I kyj I Fall