HomeMy WebLinkAboutFiscal Plan for Ironwood/Killington (2) Annexation Area in Penn TownshipRESOLUTION
NO. 2010 -93
Passed by the Common Council of the City of South Bend, Indiana
February 8,
Attest:_/C (OrN w City Clerk
of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
February 9, 93
9
w
Approved and signed by me_— –D J- w _1________ 19 % �
City Clerk
'- Mayor
RESOLUTION NO. o2U /D- 93
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 PENN 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 Penn
Township, St. Joseph County, Indiana ;. and
WHEREAS, the territory proposed to be annexed is located at the
northwest corner of Killington Way and Bromley Chase, which is
approximately 220 feet east of Ironwood Road, and is proposed to be
developed by the construction of a church, the development of which
land as proposed will require a level of municipal public services
basic to the establishment and maintenance of such development, 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
Bend and of the area proposed to be annexed that the
located in Penn Township, St. Joseph County, Indiana,
Table 2 of the Fiscal Plan, attached hereto and made
be annexed to the City of South Bend.
City of South
real property
described in
a part hereof,
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 Resolutio n
upon its adoption by the Common
Adopted this 2 4 day of
PRESENtt`Li '� - '? - 93
NOT APPROVED
ADOPTED a _ 8_ 9Y
shall be in full force and effect
Council and approved.by the Mayor.
1993.
Member, C�don Council
Filed in Clerk's Office
JAN
CITY OF SOUTH BEND
FISCAL PLAN
Ironwood /Killington (2)
Annexation Area
PENN 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, Dept. of Economic Development
Division of Planning and Neighborhood Development:
Pam Meyer - Director
Larry Magliozzi, Assistant Director
January 1993
TABLE OF CONTENTS
Paae
SECTION
I.
INTRODUCTION . . . . . . . . . . . . .
1
A.
General
B.
Effective Date
C.
Ownership
D.
Previous Annexation Activity
SECTION
II.
REQUIREMENTS OF STATE ANNEXATION LAW
2
A.
Applicability
B.
Petition by Property Owners
SECTION
I.T.T.
GENERAL DATA . . . . . . . . . . . .
2
A.
Location and Access
B.
Legal Description
C.
Contiguity
D.
Size
E.
Buildings and Land Use
F.
zoning
G.
Tax Rate and Assessment
H.
Councilmanic District
SECTION
IV.
MUNICIPAL SERVICES . . . . . . . . . .
4
A.
Public Works
B.
Police Department
C.
Fire Department
D.
Code Enforcement
E.
Administrative Services
SECTION
V.
FISCAL IMPACT . . . . . . . . . . . . .
5
SECTION
VI.
RECOMMENDATION . . . . . . . . . . . .
5
APPENDIX Maps and Tables
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 Penn
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 Depa
Department
South Bend
South Bend
Department
Department
Department
_tment
of Public Works
Fire Department
Police Department
of Code Enforcement
of Economic Development
of Administration and Finance
The petition for voluntary annexation into the City was submitted
to the City Clerk's office on December 23, 1992 and received first
reading by the Common Council on December 28, 1992.
B. Effective Date
The effective date for the annexation of the property is
anticipated to be April 16, 1993, after proper publication and
notice as required by state law. An Annexation Schedule, titled
as such and designated as Table 1, can be found in the Appendix.
C. Ownership
Tax records maintained by the St. Joseph County Auditor's Office
indicate the owner of the property within the Annexation Area as
Stonehedge Estates Limited Partnership. Mailing address for the
owner is listed as 2211 E. Jefferson Blvd., South Bend, IN 46615.
D. Previous Annexation Activity
Tha Annexation Area received previous consideration for annexation
under Ordinance 8309 -92. During the remonstrance period, between
November 11, 1992 and January 19, 1993, it was discovered that the
legal description provided by the petioner was in error. A new
Ordinance was subsequently filed by the petioner as Bill 120 -92.
Except for the slight modification to the legal description, all
other aspects of the fiscal plan remain the same.
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 -1.5); the requirements pertaining to petitions
requesting an ordinance to annex private lands to the municipality
(36- 4 -3 -5); and all other applicable provisions relative tonotice,
publication and recordation. More specific and detailed
information, addressing the provisions of the applicable sections
of State law, can be found in the appropriate sections of this
fiscal plan.
B. Petition by Property Owners
Indiana Code 36- 4- 3- 5(a)(1)(B) requires that the owners of
seventy -five percent (75 %) of the total assessed value of the
land for property tax purposes sign the petition requesting the
municipality for an ordinance to be annexed to the municipality.
Since there is only one property owner involved, 100% of the
assessed value of the property is represented in the petition
requesting annexation.
SECTION III. GENERAL DATA
A. Location and Access
The Annexation Area is located at the nortwest corner of
Killington Way and Bromley Chase, which is approximately 220 feet
east of Ironwood Road. A Vicinity Map and an Annexation Area Map,
titled as such and showing the Annexation Area, can be found in
the Appendix as Maps 1 and 2. The Annexation Area is identified
on the Auditor's tax maps as Tax Key Numbers 14- 1035 -0590
(partial), and 14- 1035 - 059017 (Lot 26 of Stonehedge Subdivision,
Sec. 1).
Access to the Annexation Area is from Killington Way and Bromley
Chase, both of which are public streets.
B. Legal Description
The Annexation Area is part of the northwest Quarter of Section
32, Township 37 North, Range 3 East, Penn 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 -eight (1/8), or 12.5%
contiguous to the South Bend City limits:
Contiguous Non - Contiguous Total
524.67' 887.88' 1412.55'
37% 63% 100%
D. Size
The size of the Annexation Area is 1.84 acres.
E. Buildinas and Land Use
The Annexation Area is currently undeveloped, and has no
structures on it.
It is the City's understanding that the contingent purchaser
intends to construct a church on the property.
F. Zoning
The Annexation Area 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.
G. Tax Rate and Assessment
Since the City of South Bend will be providing fire service upon
incorporation of the Annexation Area, the Township Rate will
decrease by $.4095 per $100.00 of assessed valuation with the
deletion of the Fire Fighting Fund, the Fire Debt Fund, and the
Cumulative Fire Fund.
The tax rate for the Annexation Area will increase by $5.5989 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 $5.1894 per $100.00 of
assessed valuation. The tax rates used are those of 1991 payable
in 1992. Table 3 in the Appendix shows the representative tax
rate information as published by the St. Joseph County Auditor.
The current net assessment of the Annexation Area cannot be
accurately determined at this time. Although the assessment of
lot 26 is readily available, the remainder of the Annexation Area
is a small portion of tax parcel 14- 1035 -0590. The assessment for
3
Lot 26 is $270.00 resulting in a tax of $35.16 (payable 1992).
Since the Annexation Area is being developed for a church, the
property will not be assessed for taxing purposes.
H. Councilmanic District
The Annexation Area will be assigned to Councilmanic District 5.
SECTION IV. MUNICIPAL SERVICES
A. Public Works
The Department does not anticipate any additional costs to provide
services to the Annexation Area.
City sanitary sewer and water are already available to the
property. An 8" sewer and a 10" water line are in the right -of-
way of Bromley Chase abuting Lot 26.
Extensions of, or taps into said 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 15, and will be serviced
by existing police units through routine patrol and law
enforcement activities.
Police officials anticipate that police activity will probably be
minimal due to the nature of the proposed development.
Police patrols, traffic enforcement, and emergency responses will
be a part of the services the City will offer to the area. The
Police Department anticipates no unusual problems with the
annexation of this area into 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 #8, located
at 2402 Twyckenham Drive. Additional responding units would be
Engine #10 located approximately 2.5 miles away at 308 W. Ireland
Road.
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.
E
D. Code Enforcement
The Department of Code Enforcement can provide services to this
area at no additional cost to the City.
E. Administrative Services
The incorporation of the Annexation Area will not effect the
provision to the Annexation Area of other services currently being
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 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.
SECTION V. FISCAL IMPACT
Based upon the service reports provided by City agencies, the
fiscal impact upon the City will be minimal, and services of a
capital nature will not be necessary to be provided in the next
three years. None of the City departments anticipate capital
expenditures in the provision of services to the Annexation Area.
Administrative costs, or expenditures of a non - capital nature will
be absorbed by the City budget.
SECTION VI. RECOMMENDATION
This fiscal plan shows that the Annexation Area meets the
requirements of the applicable State Statutes, and that the City
is physically and financially able to provide municipal services
to the territory seeking voluntary annexation.
It is recommended that this fiscal plan be adopted and that the
Petition for Annexation into the City of South Bend be approved
and that the Annexation Area be accepted into the City after
passage of the annexation ordinance, approval by the Mayor, and
proper publication and notice.
5
Map 1
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Map 2
I
CITY OF SOUTH BEND
AREA PROPOSED TO BE ANNEXED
Propired
ST. JOSEPH COUNTY
AREA PLAN COMMON
AUGUST 1992
1V
0 100 200 300 400 800
craphlc Scat*
TABLE 1
1992 -1993
Ironwood /Killington Annexation Area
May 1993
S M T W T F S
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
December 1992
1993
December
M
T
June 1993
T
F S
S
M
T
W
T
F
S
23 Ironwood /Killington (2) -Filed
S
M
T
W
T
F
S
6
7
8
9
10
11
12
28 Ironwood /Killington (2) - 1st Reading
6
7
8
9
10
11
12
13
14
15
16
17
18
19
January
13
14
15
16
17
18
19
20
27
21
28
22
29
23
30
24
31
25
26
18 Ironwood /Killington (2) - Board of Public Works
20
21
22
23
24
25
26
19 Ironwood /Killington (2) - Bd. of Water Comm.
27
28
29
30
20 Ironwood/Killington (2) - Board of Public Safety
25 Ironwood/Killington(2)- Council Hearing /Fiscal Plan
Ironwood/Killington(2) - Council Hearing /Ordinance
7—January
1993
February
—July
1993
S
M
T
W
T
F
S
S
M
T
W
T
F
S
1
2
12 Ironwood/Killington (2) - Remonstrance Begins
1
2
3
10
11
12
13
14
15
16
April
4
5
6
7
8
9
10
17
24
18
25
19
26
20
27
21
28
22
29
23
30
13 Ironwood /Killington (2) - Remonstrance Ends
11
18
12
19
13
20
14
21
15
22
16
23
17
24
31
16 Imnwocd/KiHing[on (2) - Annexation Effective
25
26
27
28
29
30
31
—
February
1993
August
1993
-
S
M
T
W
T
F
S
S
M
T
W
T
F
S
1
2
3
4
5
6
1
2
3
4
5
6
7
7
8
9
10
11
12
13
8
9
10
11
12
13
14
14
15
16
17
18
19
20
15
16
17
18
19.
20
21
21
22
23
24
25
26
27
22
23
24
25
26
27
28
28
29
30
31
March 1993
September
1993
S
M
T
W
T
F
S.
S
M
T
W
T
F
S
1
2
3
4
5
6
1
2
3
4
7
8
9
10
11
12
13
5
6
7
8
9
10
11
14
15
16
17
18
19
20
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
26
27
28
29
30
April
1993
October
1993
S
M
T
W
T
F
S
S
M
T
W
T
F
S
1
2
3
4
5
6
7
6
910
3
4
5
6
7
8
9
11
12
13
14
15
16
17
10
11
12
13
14
15
16
18
19
20
21
22
23
24
17
24
18
25
19
26
20
27
21
28
22
29
23
30
25
26
27
28
29
30
31
May 1993
S M T W T F S
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
November
1993
S
M
T
W
T
F S
1
2
3
4
5 6
7
8
9
10
it
12 13
14
15
16
17
18
19 20
21
22
23
24
25
26 27
28
29
30
TABLE 2
ANNEXATION DESCRIPTION
A parcel of land located in the Northwest Quarter (NWI) of Section
Thirty -Two (32), Township Thirty -Seven (37) North, Range Three (3) East and
all being in Penn Township, St. Joseph County, lndiana and being more
particularly described as follows:
Commencing at a monument, found, at the southwest corner of the Northwest
Quarter (NWI) of Section Thirty -Two (32), Township Thirty -Seven (37) North,
Range Three (3) East; thence North 00 °- 00' -00" East (this and all
subsequent bearings being assumed), along the West Line of said Northwest
Quarter (NWI) of Section Thirty -Two (32) and also being along the
centerline of a public road now known as Ironwood Road, a distance of
662.88 feet; thence South 890- 52' -28" East a distance of 200.00 feet to the
northeast corner of "Outlot -A" of Stonehedge Subdivision - Section I and
as shown on recorded Document No. 8721016 dated July 6, 1987 and also being
a point on the current City of South Bend Corporate Limits and also being
the Point of Beginning of this description; continuing South 890- 52' -28"
East a distance of 140.00 feet; thence South 00 °- 00' -00" East a distance of
376.68 feet to a point on the north line of Lot No. 26 of said recorded
plat Stonehedge No. 26r ; thence
, adistancesoft73.94- 0feet0t East,
o the
northeast corner of said Lot No. 26 and also being a point on the west
right -of -way of a public street now known as Bromley Chase; thence South
30 °40'40" West, along the west right -of -way line of said Bromley Chase,
a distance of 161.69 feet to a point of curvature of a tangent curve;
thence southwesterly along a curve to the right, said curve having a radius
of 30.00 feet and being subtended by a long chord having a bearing of South
72 °- 04' -50" West and a length of 40.21 feet an arc distance of 44.07 feet
to a point of reverse curve, said point also being on the north
right -of -way line of a public road now known as Killington Way; thence
northwesterly along a curve to the left, said curve having a radius of
245.00 feet and being subtended by a long chord having a bearing of North
77 °- 03' -38" West and a length of 95.36 feet an arc distance of 95.97 feet;
thence North 00 °- 00' -0U" West, along the current City of South Bend
Corporate Limit, a distance of 524.67 feet to the Point of Beginning of
this description and containing 1.837 acres, more or less.
TABLE 3
Total School Rate 7.0726 66.19%
Total Library Rate 0.489 4.58%
Total City /Town Rate
Total Redevelopment
District Rate
- 0.4095
7.0726 0
0.489 0
5.2106 5.2106
0.1586 0.1586
. 3X
.....................
township rate decrease
......
44.55%
3.08%
32.82%
1.00%
Total Airport Rate 0.1077 1.01% 0.1077 0 0.68%
South Bend Transpo 0.2297 0.2297 1.45%
1 5.5989 city rate increase
............. ...............................
TOTAL TAX RATES 10.6856 100.00% 1 15.875 5.1894 100.00%
...._.._ ............................... ...............................
TAX RATE INFORMATION - Penn
Township
1991 Payable 1992
PENN
% OF SOUTH BEND
TAX
% OF
FUND
........................................................
TOWNSHIP
TOTAL RATE
PENN
DIFFERENTIAL
TOTAL RATE
Total State Rate
0.01
0.09/.
...............................
0.01
0
0.06%
Total County Rate
2.5293
23.67%
2.5293
0
15.93%
Township Fund
0.0044
0.0044
0
Poor Relief Fund
0.0631
0.0631
0
Fire Fighting Fund
0.1702
- 0.1702
Fire Debt Fund
0.1393
- 0.1393
Cumulative Fire
0.1
-0.1
Total Township Rate
0.477
4.46% 1
0 0675
0 4
Total School Rate 7.0726 66.19%
Total Library Rate 0.489 4.58%
Total City /Town Rate
Total Redevelopment
District Rate
- 0.4095
7.0726 0
0.489 0
5.2106 5.2106
0.1586 0.1586
. 3X
.....................
township rate decrease
......
44.55%
3.08%
32.82%
1.00%
Total Airport Rate 0.1077 1.01% 0.1077 0 0.68%
South Bend Transpo 0.2297 0.2297 1.45%
1 5.5989 city rate increase
............. ...............................
TOTAL TAX RATES 10.6856 100.00% 1 15.875 5.1894 100.00%
...._.._ ............................... ...............................