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HomeMy WebLinkAboutFiscal Plan for Muessel Annexation Area in Penn TownshipRESOLUTION NO. 2005 -93 Passed by the Common Council of the City of South Bend, Indiana, January 25, 993 Attest: -----.4`-P ' ! _r 0.`= ""�`'6'"�J City Clerk Presented by me to the Mayor of the City of South Bend, January 26, 93 19 President of Common Council. City Clerk Approved and signed by me__?,_�/"�- __ ___ 19�✓ . Mayor RESOLUTION NO. oz OD S- f.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 200 feet east of Ironwood Road and 1,110 feet north of Ireland 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. 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 aS day of , 199;3. PRESENTED /- " NOT APPROVED ADOPTED /, as 99 . mbelr,Cor&inohouncil 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, 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. Councilmanid 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 =tment 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 entire ownership of the Muessel property consists of 5.00 acres. In 1968, Ordinance 5009- 68 annexed approximately 78, acres of territory, of which the west 180 feet of the Muessel property was included. Although it appears that the Muessel ownership remains at 5 acres, the actual area of annexation is 4.09 acres. Ordinance 6298 -78 annexed territory up to the north and east boundary lines of the Annexation Area. Ordinance 7431 -85 annexed territory up to the southern boundary line of the Annexation Area. The three Ordinances noted above incorporated the properties surrounding the Annexation Area, causing the Annexation Area to become an unincorporated island within the City limits. D. Ownership Tax records maintained by the St. Joseph County Auditor's office indicate the owners of the property within the Annexation Area as Richard A. and Gertrude L. Muessel Jr.. Property address is listed as 59256 Ironwood Road, South Bend, IN 46614. SECTION II. REQUIREMENTS OF STATE ANNEXATION LAW A. ADDlicabili y 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. Ironwood Road, from which the property is accessed, is a City maintained thoroughfare and 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 considerably closer to the Annexation Area than the Penn South Fire Station. Station #8 is located approximately 1.5 miles from the Annexation Area and the Penn South fire station is located approximately 3.0 miles from the Annexation Area. `a SECTION III. GENERAL DATA A. Location and Access The Annexation Area is generally located 200 feet east of Ironwood Road and 1,110 feet north of Ireland 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- 1034 - 057702. Access to the Annexation Area is from a private drive on the east side of Ironwood Road. There appears to be no other public access to the property. B. Legal Description The Annexation Area is part of the Northwest Quarter of Section 29, 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 satisfies the statutory requirement that it be at least one - fourth 1/4 (25 %) contiguous to the South Bend City limits. As evidenced by the Legal Description (Table 2) and the Vicinity and Annexation Area Maps (Maps 1 and 2), all 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 4.09 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 925E. Based on published Census data, no housing units or population was recorded for Block 925E. Property records of the -Penn Township Assessor though, note that there is a two -story frame house on the property. In addition, there is an improvement evaluation for taxing purposes of $6,970.00. Property tax records also indicate a mortgage exemption of $1,000.00. 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 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, along with a number of accessory buildings within the Annexation Area. The property within the Annexation Area appears to be 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 $.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. I. Assessments Net assessments noted are the most up -to -date available from the 1991 payable 1992 property tax records. Real Property $6,300.00 Personal Property 0.00 TOTAL $6,300.00 4 Property tax records indicate that the property tax bill for the Annexation Area payable in 1992 is $573.88. Assuming that factors remain constant, the property tax bill for the Annexation Area upon incorporation would be approximately $833.00, an increase of about $260.00 or 45 %. 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. 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. E SECTION IV. MUNICIPAL SERVICES A. Public Works The Department of Public Works notes that sanitary sewer and water are available to the Annexation Area. A 15" sanitary sewer is within 300 feet to the south of the Annexation Area. A 12" water main exists in the right -of -way of Ironwood Road. Both sewer and water are capable of handling any additional load from the development of the Annexation Area. During the proposed widening and reconstruction of Ironwood road a new sewer will be installed which will pass along the frontage of this parcel. It is anticipated that the completion of this project will occur in 1996. 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 exist at intersections along Ironwood Road. All other public works services are currently available to this parcel. No additional capital expenditures will be required to provide public works services 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. 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 #8 3 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. No additional capital or non - capital outlays will be required to provide services to the Annexation Area. SECTION V. FISCAL IMPACT Based upon the service reports provided by City agencies, the fiscal impact upon the City will be minimal, and expenditures of a capital nature will not be necessary to provided the necessary services in the next three years. Administrative costs and expenditures for services of a non - capital nature will be absorbed by the City budget and will be provided within one year of the effective date of the annexation. 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 SKYE c,- NiLy ` �� �p L lion )OLE PORO ;_ _� o 1 In In y OUEENSOORO i AN_HORAG Si CALLA T tAM I% S . _ WIS ERIA St i s y N a!' MARS D A Ar Z r LN. ti 0) D N N Map 1 C o f I x SPRING'B C IROOK 8 O. C S NNCLTId i 3 '� D _I O R AMPSON cr `q ea N m CHELSE m rC z Oq 0 CL 0 IE rOOOF.R S n DR wn %!IA i Z s � � A I II y r I N I - Ji I N N RD. tD 0 N WI Vicinity Map — Annexation Area IL -7 \!ww. A Al Y / J .J A / \�`\.2by 034- 53 />/ j / \\ 6Afne 26-1'0j1' -0S7B D1 j .:. \ \ Q1 O at I RELAMID' Rl -� -� 0 CITY OF SOUTH BEND n i AREA PROPOSED TO BE ANNEXED l �j 9 100 200 390 400 Boo fnpard By ST. JOSEPH COUNTY Graphic Scale AREA PLAN COMMISSION OCTOBER 1992 X -.2 Xi3r ox ";<23-1 40�234 <. \ 'X }Y 8 xy \!ww. A Al Y / J .J A / \�`\.2by 034- 53 />/ j / \\ 6Afne 26-1'0j1' -0S7B D1 j .:. \ \ Q1 O at I RELAMID' Rl -� -� 0 CITY OF SOUTH BEND n i AREA PROPOSED TO BE ANNEXED l �j 9 100 200 390 400 Boo fnpard By ST. JOSEPH COUNTY Graphic Scale AREA PLAN COMMISSION OCTOBER 1992 — S December M T W 1992 T F - S S M 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 22 23 — January iaas --, S M T W T F S 10 1 2 3 4 1 2i 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 1993 S M T W — February 1993 - S M T W T F S 10 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 —March 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 April 1993 S M T W T F S 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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 12/92 1992 -1993 Muessel Annexation Schedule December 9 Muessel - Filed 14 Muessel - 1st Reading 15 Muessel - Board of Water Commissioners 21 Muessel - Board of Public Works January 20 Muessel - Board of Public Safety 25 Muessel - Council Hearing /Ordinance Muessel - Council Hearing/Fiscal Plan February 13 Muessel - Remonstrance Period Begins April 14 Muessel - Remonstrance Period Ends 16 Muessel - Annexation Effective TABLE 1 —June 1993 - S M T W T F S —July 1993 S M T W T F S August 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 29 30 31 —July 1993 S M T W T F S — August 1993 1 1 2 3 4 5 6 7 8 910 7 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 — August 1993 1 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 30 29 September 1993 - I S M T W T F S — October 1993 - S M T W T F S November 1993 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 29 30 — October 1993 - S M T W T F S — November 1993 - 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 25 26 27 28 29 30 — November 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 Table 2 Legal Description Rey Number 14- 1034 - 0577.02 A parcel of land located in the Northwest quarter of Section 29, 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 29; thence South 1537 feet along the section line, thence East 180 feet, more or less to the point of beginning; thence East 810 feet, thence North 220 feet, thence West 810 feet, thence South 220 feet, to the point of beginning and containing 4.09 acres, more or less. TABLE 3 TAX RATE INFORMATION - Penn Township 1991 Payable 1992 PENN SOUTH BEND TAX % OF FUND ...................................................."..............---- TOWNSHIP PENN DIFFERENTIAL TOTAL RATE Total State Rate 0.01 0.01 0 0.06% Total County Rate 2.5293 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 0.0675 ...................... 0.43% - 0.4095 ............................... township rate decrease Total School Rate 7.0726 7.0726 ' .........................................'-'---'---- 0 44.55% Total Library Rate 0.489 0.489 0 3.08% Total City /Town Rate 5.2106 5.2106 32.82% Total Redevelopment 0.1586 0.1586 1.00% District Rate Total Airport Rate 0.1077 0.1077 0 0.68% South Rend Transpo 0.2297 0.2297 1.45% .....------'--...-'----....---' ...................................'- ---------------------------------------- 5.5989 '------------ city rate increase TOTAL '-----...-' TAX RATES .............................. 10.6856 15.875 ..........'----'..---- 5.1894 -'--'-'---'.................... 100.00% .........