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.
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fnpard By
ST. JOSEPH COUNTY Graphic Scale
AREA PLAN COMMISSION
OCTOBER 1992
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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
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5
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7
8
9
10
11
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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
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14
15
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18
19
20
21
22
23
24
25
26
27
28
29
30
31
25
26
27
28
29
30
—
November
1993
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S
M
T
W
T
F
S
1
2
3
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5
6
7
8
9
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29
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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%
.........