HomeMy WebLinkAboutFiscal Plan for Stouffer Annexation Area in Clay TownshipRESOLUTION
NO. 2008 -93
Passed by the Common Council of the City of South Bend, Indiana,
January 25,
93
Clerk
Attest: President of Common Council.
Presented by me to the Mayor of the City of South Bend,
January 26, 93
I9
Approved and signed by me_---- `iVt "`�"`�"X --
190.
Clerk
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 CLAY 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 Clay
Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be annexed is generally
located on the north side of Creekview Drive within the Creekwood
Villas Subdivision. Creekwood Villas is on the north side of Hepler
Street just west of Hickory Road and is needed and can be used by the
City of South Bend for its development in the reasonably near future,
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 City of South
Bend and of the area proposed to be annexed that the real property
located in Clay Township, St. Joseph County, Indiana, described in
Table 2 of the Fiscal Plan, 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.
PRESENTED
NOT APPROVED
Adopted this day of 1993
ADOPTED ��
Filed in Clerk's Office
JAN 2 0
Resolution No.
CITY OF SOUTH BEND
Fiscal Plan
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, Economic Development
Division of Planning & Neighborhood Development:
Pam Meyer - Director
Larry Magliozzi, Assistant Director
December 1992
TABLE OF CONTENTS
Page
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 . . . . . . . . . . . .
3
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 . . . . . . . . .
6
A.
Public Works
B.
Police Department
C.
Fire Department
D.
Code Enforcement
E.
Administrative Services
SECTION
V.
FISCAL IMPACT . . . . . . . . . . .
7
SECTION
VI.
RECOMMENDATION . . . . . . . . . . .
8
APPENDIX
Maps and Tables
SECTION I. INTRODUCTION
A. General
This Fiscal Plan represents the City of South Bend's (hereinafter,
"City ") policy for the annexation of property in Clay 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
rtment
Of Public Works
Fire Department
Police Department
of Code Enforcement
of Economic Development
of Administration and Finance
B. Effective Date
The anticipated date for the annexation to be effective is April
16, 1993, 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
Property tax records indicate that the Stouffer property consists
of 1.15 acres. In 1989, ordinance 7973 -89 annexed approximately
23.5 acres of territory, the entirety of which surrounded the
Annexation Area, causing the Annexation Area to be an
unincorporated island within the City limits.
D. Ownership
Tax records maintained by the St. Joseph County Auditor's office
indicate the owner of the property within the Annexation Area as
Roger D. Stouffer. Property address is listed as 17165 Hepler
Street, South Bend, In 46635.
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
As noted in Section I.C. of this fiscal plan, the Annexation Area
is surrounded by the City. Development of properties surrounding
the Annexation Area 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. The City must be
able to plan for development of land within its jurisdiction.
Since the Annexation Area is wholly surrounded by the City, and
yet is subject to different development standards, zoning and
other ordinances than that property surrrounding it, planning for
the development of the City in the vicinity of the Annexation Area
is inherently more difficult and potentially frustrated. The
Annexation Area is therefore needed and can be used by the City
for its development.
A 6" water main abuts the Annexation Area with a 1" existing
lateral to the property line. The Creekwood Villas Subdivision is
presently served by an 8" sanitary sewer line. Both the sewer and
water line have the capacity to provide service to the Annexation
Area.
It is noted that Creekview Drive from which the property owner
accesses his property is a City maintained thoroughfare and that
future maintenance to Creekview Drive would directly benefit the
Annexation Area.
The Creekwood Villas development and the area immediately south of
the Annexation Area is currently being patrolled by the City
Police Department through Beat 11. South Bend police officers are
most likely to be in a more advantageous position to respond to
calls in a more timely manner within the Annexation Area than
their counterparts in St. Joseph County.
2
purposes of $15,070.00. Property tax records also indicate a
mortgage exemption of $1,000.00. In addition, a site inspection
showed the existence of a home in the Annexation Area.
No local governmental records exist to indicate the number of
people residing within the Annexation Area. To establish a
density for the Annexation Area for purposes of this Fiscal Plan,
the 1990 South Bend Census population of 105,511 was divided by
the 1990 South Bend Census housing count of 45,761 units to arrive
at an average of 2.31 people per unit. There is one unit within
the Annexation Area. Using the 2.31 people per unit standard, the
estimated population of the Annexation Area is 2.31 people.
With the Annexation Area comprised of 1.17 acres and 2.31 people,
the population density is 1.97 people per acre.
F. Buildings and Land Use
There is one dwelling unit within the Annexation Area. The
property within the Annexation Area is used for residential
purposes.
G. Zoning
The Annexation Area is zoned "R" Residential in unincorporated St.
Joseph County. Upon annexation the property will be zoned "A"
Residential per the requirements of Chapter 21 of the Municipal
Code of the City of South Bend.
Upon the effective date of the annexation, it is anticipated that
the property will remain "A" Residential until such time that
present or future owners chose to exercise their right to petition
the City for rezoning through the City's standard procedures.
H. Tax Rate
Since the City of South Bend will be providing fire service upon
incorporation of the Annexation Area, the Township Rate will
decrease by $.4573 per $100.00 of assessed valuation with the
deletion of the Fire Fighting 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 $5.1416 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.
4
I. Assessments
Net assessments noted are from the 1991 payable 1992 property tax
records.
Real Property $14,310.00
Personal Property 0.00
TOTAL $14,310.00
Property tax records indicate that the property tax bill for the
Annexation Area payable in 1992 is $1,060.84. Assuming that
factors remain constant, the property tax bill for the Annexation
Area upon incorporation would be approximately $1,650.00, an
increase of about $589.00 or 55.5 %.
J. Councilmanic District
The Annexation Area will be assigned to Councilmanic District 4.
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 shown for this Fiscal Plan is located on the
west side of Ironwood Road approximately 900 feet north of Inwood
Road. The comparable area has a relatively flat topography,
approximating the Annexation Area. There is a single family home
zoned for single family purposes. The comparable area is
approximately 1.46 acres. Based on the previously established
population per unit of 2.31, the comparable area, with 1 single
family structure, would have a population of 2.31. This would
calculate into a population density of 1.58 people per acre.
Annexation Area
topography - relatively flat
land use -
density -
residential
1.97 /acre
Comparable Area
relatively flat
residential
1.58 /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.
5
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.
SECTION IV. MUNICIPAL SERVICES
A. Public Works
No expenditure of funds by the City will be required to provide
capital improvements to the Annexation Area.
The Annexation Area abuts Creekview Drive, a new residential
street built by the developer of the Creekwood Villas subdivision
to City standards. Access to the property is from Creekview
Drive.
The Creekwood Villas Subdivision is served by an 8" sanitary
sewer, which has the capacity to service the Annexation Area.
A 6" water main abuts the Annexation Area with a 1" existing
lateral to the property line.
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.
other existing improvements are street lights and sidewalks.
B. Police Department
The Annexation Area is contiguous to Beat 11 and upon annexation
will be added to that patrol Beat. Routine patrol, law
enforcement, traffic enforcement and emergency responses will be
provided by the Beat car assigned to the area. The development of
other tracts in the area has already increased the demands on the
Police Department for traffic control and crime preventive
patrols. The many business and high density residential areas in
Beat 11 make for a high demand for police service which presently
keeps the Beat officer busy.
The Annexation Area will require little additional service in
addition to the existing police units, therefore it will not be
necessary to increase patrols immediately to reduce potential
problems in the Annexation Area.
No additional capital expenditures are will be required to
successfully patrol the Annexation Area.
0
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 2.5 miles from Station #3
located at 1805 E. McKinley. Additional fire units would respond
including Engine #9 located approximately 4 miles away at 2520
Mishawaka Avenue.
Fire officials note that 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 can 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.
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.
7
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
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.
0
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FOR SENIOR LIVING / SECTN Ne3T CORNER
SECTION ST
T. 38 M.. R. 3 N.
CITY OF SOUTH BEND
AREA PROPOSED TO BE ANNEXED
Prepared By
ST. JOSEPH COUNTY
AREA PLAN COMM13310 7
OCTOBER 1992
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AREA PROPOSED TO BE ANNEXED
Prepared By
ST. JOSEPH COUNTY
AREA PLAN COMM13310 7
OCTOBER 1992
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S M T W T F S
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12i92
1992 -1993 -
Stouffer Annexation Schedule
December
9 Stouffer - Filed
14 Stouffer - 1st Reading
15 Stouffer - Board of Water Commissioners
21 Stouffer - Board of Public Works
January
20 Stouffer - Board of Public Safety
25 Stouffer - Council Flcaring /Ordinance
Stouffer - Council Flcaring /Fiscal Plan
February
13 Slouffcr - Remonstrance Period Begins
April
14 Slouffcr - Remonstrance Period Ends
16 Stouffer - Armexxtion Effective
TABLE 1
January
1993
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12i92
1992 -1993 -
Stouffer Annexation Schedule
December
9 Stouffer - Filed
14 Stouffer - 1st Reading
15 Stouffer - Board of Water Commissioners
21 Stouffer - Board of Public Works
January
20 Stouffer - Board of Public Safety
25 Stouffer - Council Flcaring /Ordinance
Stouffer - Council Flcaring /Fiscal Plan
February
13 Slouffcr - Remonstrance Period Begins
April
14 Slouffcr - Remonstrance Period Ends
16 Stouffer - Armexxtion Effective
TABLE 1
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1993
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12i92
1992 -1993 -
Stouffer Annexation Schedule
December
9 Stouffer - Filed
14 Stouffer - 1st Reading
15 Stouffer - Board of Water Commissioners
21 Stouffer - Board of Public Works
January
20 Stouffer - Board of Public Safety
25 Stouffer - Council Flcaring /Ordinance
Stouffer - Council Flcaring /Fiscal Plan
February
13 Slouffcr - Remonstrance Period Begins
April
14 Slouffcr - Remonstrance Period Ends
16 Stouffer - Armexxtion Effective
TABLE 1
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Table 2
Legal Description
Key Number 02 -2023- 0549.02
A parcel of land located in the East half of the Northeast quarter of
section 32, Township 38 North, Range 3 East, Clay Township, St. Joseph
County, Indiana. More particularly described as follows:
Commencing at the Southeast corner of the Northeast quarter of section 32;
thence East 905 feet, more or less, thence North 842 feet, more or less,
to the Southeast corner of lot 14, Creekwood Villas, section one, being
the point of beginning; thence North 250 feet, thence East 204.64 feet,
thence South 243.96 feet, thence Southwest 204.73 feet, to the point of
beginning, containing 1.170 acres, more or less.
Table 3
TAX RATE INFORMATION
1991 payable 1992
CLAY
SOUTH BEND
TAX
FUND
TOWNSHIP
CLAY
DIFFERRENTIAI
Total State Rate
0.0100
0.0100
Total County Rate
2.5293
2.5293
Township Fund
0.0359
0.0359
Poor Relief Fund
0.0142
0.0142
Fire Fighting Fund
0.3573
-
0.3573
Cumulative Fire
0.1000
-
0.1000
Total Township Rate
0.5074
0.0501
-
0.4573
Total School Rate
5.2089
5.2089
Total Library Rate
0.6234
0.6234
Total City /Town Rate
5.2106
+
5.2106
Total Redevelopment
District Rate
0.1586
+
0.1586
Total Airport Rate
0.1077
0.1077
South Bend Transpo
0.2297
+
0.2297
TOTAL TAX RATES
8.9867
14.1283
+
5.1416