HomeMy WebLinkAboutFiscal Plan for Kalyawongsa Annexation Area in Penn TownshipRESOLUTION
NO. 2007 -93
Passed by the Common Council of the City of South Bend,
January 25, 19 93
Attest: .!`": "�'�' ✓.
Clerk
Attest: � -e President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
January 26, 93
19
City Clerk
Approved and signed by me_ -N"— 19 23.
a
Mayor
RESOLUTION NO. -200%- y-3
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 generally
located 800 feet south of Jackson Road on the east side of Ironwood
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 Penn 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.
Resolution No.
CITY OF SOUTH BEND
Fiscal Plan
- Kalyawongsa 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 & 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 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
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 Kalyawongsa property
consists of 14.01 acres. In 1968, Ordinance 5010 -68 annexed
approximately 119 acres of territory, of which the west 160 feet
of the Kalyawongsa property was included. Of the 14.01 acres
remaining under single ownership, approximately 11.48 acres remain
within unincorporated St. Joseph County.
Ordinance 7880 -88 annexed territory up to the north, east and
south boundary lines of the Annexation Area.
The two Ordinances noted above effectively incorporated the
properties surrounding 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
Woralak Kalyawongsa. Property address is listed as 11222 River
Oaks Lane, Osceola, In., 46561.
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.
The property is within 200 feet of a water line and 380 feet of a
sewer line. Both the sewer and water line have the capacity to
provide service to the Annexation Area.
It is noted that Ironwood Road, from which the property owner
accesses his property, is a City maintained thoroughfare. All
future improvements to Ironwood Road would directly benefit the
Annexation Area. -
Ironwood Road and the immediate area surrounding the Annexation
Area is currently being patrolled by the City Police Department
through Beat 15. South Bend police officers are 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.
Station #8 of the South Bend Fire Department is located slightly
closer to the Annexation Area than the Penn South Fire Station.
Station #8 is located approximately 2.5 miles from the Annexation
E
Area and the Penn South fire station is located approximately 2.75
miles from the Annexation Area. Therefore, fire service to the
Annexation Area will not be compromised.
SECTION III. GENERAL DATA
A. Location and Access
The Annexation Area is generally located 800 feet south of Jackson
Road on the east side of Ironwood Road. A Vicinity Map, titled as
such and showing the Annexation Area, can be found in the
Appendix, as Map 1. The Annexation Area is identified on the
Auditor's tax maps as Tax Key Number 14- 1035 - 058901.
Access to the Annexation Area is from Ironwood Road. There
appears to be no other public access to the property.
B. Legal Description
The Annexation Area is part of the West half 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 - fourth 1/4 (25 %) contiguous to
the South Bend City limits. As evidenced by the Legal Description
(Table 2), the Vicinity Map and the Annexation Area Map (Maps 1
and 2), both of which are a part of this Fiscal Plan, 100% of the
aggregate external boundaries of the Annexation Area are
contiguous with the boundaries of the City.
D. Size and Topography
The size of the Annexation Area is 11.48 acres, determined by
metes and bounds calculations.
The Annexation Area is located in a moderately rolling area.
E. Population and Density
The Annexation Area is part of Census Track 117.02, Block 923D.
Based on published Census data, no housing units or population was
recorded for Block 923D. Property records of the Penn Township
Assessor though, indicate that there is a house on the property.
In addition, there is an improvement evaluation for taxing
purposes of $10,270.00. Property tax records also indicate a
mortgage exemption of $1,000.00.
No local governmental records exist to indicate the number of
3
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 4.09 acres and 2.31 people,
the population density is .56 people per acre.
F. Buildings and Land Use
There is one dwelling unit within the Annexation Area. The
property within the Annexation Area is vacant.
G. Zoning
The Annexation Area is 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.
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 $.4095 per $100.00 of assessed valuation with the
deletion of the Fire Fighting Fund, the Cumulative Fire Fund, and
the Fire Debt Fund assessments.
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.
4
Assessments
Net assessments noted are from the 1991 payable 1992 property tax
records.
Real Property $12,910.00
Personal Property 0.00
TOTAL $12,910.00
Property tax records indicate that the property tax bill for the
Annexation Area payable in 1992 is $1,213.16. Assuming that
factors remain constant, the property tax bill for the Annexation
Area upon incorporation would be approximately $1,744.00, an
increase of about $531.00 or 43.8 %.
J. Councilmanic District
The Annexation Area will be assigned to Councilmanic District 5.
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 400 feet south of Altgeld
Street. The comparable area is located in a moderately rolling
area, approximating the Annexation Area. There are several large
parcels with single family homes in an area zoned for single
family purposes. The comparable area is approximately 18.02
acres. Based on the previously established population per unit of
2.31, the comparable area, with 4 single family structures, would
have a population of 9.24. This would calculate into a population
density of .51 people per acre.
Annexation Area
Comparable Area
topography - moderately rolling moderately rolling
land use - residential residential
density - .56 /acre .51 /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. Hirina 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
A 12" sanitary sewer line is located in Ironwood Road and
terminates approximately 380 feet north of the Annexation Area.
The sewer line was oversized to accommodate future expansion in
the vicinity of the Annexation Area.
A 12" water main in Ironwood Road is located 200' west of 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.
Street lights have been installed along Ironwood Road from Jackson
Road, south to approximately 400' north of the Annexation Area.
All public works services are currently available to the
Annexation Area.
B. Police Department
The Annexation Area is contiguous to Beat 15 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 15 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 new area.
No additional capital expenditures are will be required to
successfully patrol the Annexation Area.
C1
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 #8
located at 2402 Twyckenham Drive. Additional fire units would
respond including Engine #10 located approximately 2.5 miles away
at 308 West Ireland Road.
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.
E:?
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0 CITY OF SOUTH BEND
%i AREA PROPOSED TO BE ANNEXED
Pnperd By
ST. JOSEPH COUNTY
AREA PLAN COMMISSION
OCTOBER 1992
4
0 100 200 300 400 800
Oraphle Seat*
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12/92
1992 -1993 TABLE
Kalyawongsa Annexation Schedule
December
9 Kalyawongsa - Filed
14 Kalyawongsa - 1st Reading
15 Kalyawongsa- Board of Water Commissioners
21 Kalyawongsa - Board of Public Works
January
20 Kalyawongsa - Board of Public Safety
25 Kalyawongsa - Council Hearing /Ordinance
Kalyawongsa - Council Hearing/Fiscal Plan
February
13 Kalyawongsa - Remonstrance Period Begins
April
14 Kalyawongsa - Remonstrance Period Ends
16 Kalyawongsa - Annexation Effective
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12/92
1992 -1993 TABLE
Kalyawongsa Annexation Schedule
December
9 Kalyawongsa - Filed
14 Kalyawongsa - 1st Reading
15 Kalyawongsa- Board of Water Commissioners
21 Kalyawongsa - Board of Public Works
January
20 Kalyawongsa - Board of Public Safety
25 Kalyawongsa - Council Hearing /Ordinance
Kalyawongsa - Council Hearing/Fiscal Plan
February
13 Kalyawongsa - Remonstrance Period Begins
April
14 Kalyawongsa - Remonstrance Period Ends
16 Kalyawongsa - Annexation Effective
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LEGAL DESCRIPTION KEY NUMBER 14- 1035 - 0589.01
A parcel of land located in the West half of the Northwest quarter of
Section 32, Township 37 North, Range 3 East, Penn Township, St. Joseph
County, Indiana. More particularly described as follows:
Commencing at the Northwest corner of the Northwest quarter of Section 32;
thence South 823.60 feet, thence East 240 feet to the point of beginning;
thence South 580 feet, thence East 670 feet, thence North 125 feet, thence
East 232 feet. thence North 455 feet, thence West 902 feet to the point of
beginning, containing 11.34 acres, more or less.
Table 3
TAX RATE INFORMATION
1991 payable 1992
PENN
SOUTH BEND
TAX
FUND
TOWNSHIP
PENN
DIFFERRE
Total State Rate
0.0100
0.0100
Total County Rate
2.5293
2.5293
Township Fund
0.0044
0.0044
Poor Relief Fund
0.0631
0.0631
Fire Fighting Fund
0.1702
-
0.1702
Fire Debt Fund
0.1393
-
0.1393
Cumulative Fire
0.1000
-
0.1000
Total Township Rate
0.4770
0.0675
-
0.4095
Total School Rate
7.0726
7.0726
Total Library Rate
0.4890
0.4890
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
10.6856
15.8750
+
5.1894