HomeMy WebLinkAboutFiscal Plan for Oliver Memorial Trust Annexed Area in Penn TownshipRESOLUTION
NO. 1961 -92
Passed by the Common Council of the City of South Bend, Indiana,
July 27,
M
Clerk
Attest:--,V "� J President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
July 28, 92
19
Approved and signed by me
.w
a
City Clerk
19 /�
Mayor
RESOLUTION NO.
A RESOLUTION OF THE COMMON COUNCIL
i?F 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 vacant land
located in Penn Township, St. Joseph County, on the north side of
Inwood Road, approximately 1,500 feet east of Ironwood Road, and is
proposed to be developed along with additional land to the north
already within the City of South Bend into a subdivision of
approximately 45 to 50 single - family lots. The proposed development
of the territory proposed to be annexed 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
Exhibit "A," 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
described in Exhibit "B ", 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
PRESENTO 7-a 7- 9 a
NOT APPP.O%*
07-& day of , 1992.
Memb }, C,or6rnon Council
Filed in Clerk's Office
JUL 2 21992
ADOPTED 7_ a � -9�
L CITY 60" SO BEND, IN. I
City of South Bend
Joseph E. Kernan, Mayor
Department of Economic Development
Jon R. Hunt
Executive Director
July 22, 1992
Ann E. Kolata
Deputy Executive Director
Mr. Steven Luecke, President
South Bend Common Council
4th Floor, County -City Building
South Bend, Indiana 46601
Re: A Resolutoin Adopting a Written Fiscal Plan - Annexation of
Oliver Memorial Trust Property
Dear Mr cke!
I am attaching for filling, a resolution of the Common Council
adopting a written fiscal plan concerning the annexation of real
property situated in Penn Township.
As you know, the adoption by the Council of a written fiscal plan
addressing the provision of services and improvements to an annexed
area is a prerequisite to the adoption of an ordinance effectuating
the annexation in question. Consequently, I would ask that the
attached resolution be scheduled on the agenda of the July 27th
Common Council Meeting so that the corresponding ordinance, Bill
No. 47 -92, can be set for second reading and public hearing at the
Common Council meeting of August 10th.
Your favorable consideration is requested. Please feel free to
call if I can be of assistance.
Sincerely,
J R. Hunt
xecutive Director
/lpm
Attachment
/jon2
1200 County -City Building • South Bend, Indiana 46601 • 219/284 -9371 Fax 219/284 -9021
Redevelopment Economic Development
Housing Rehabilitation
Financial & Program Human Rights Planning
Ann Kolata & Business Assistance
Kathryn Baumgartner
Management Cynthia Love -Bush David Roos
284 -9371 Donald Inks
521 Eclipse Place
Elizabeth Leonard 284 -9355 284 -9449
284 -9335
284 -9475
284 -9335
City of South Bend
Annexation Plan
PENN TOWNSHIP
Northside of Inwood Road,
east of Ironwood Road
- Oliver Memorial Trust -
Joseph Kernan - Mayor
Jon Hunt - Director, Economic Development
South Bend City Council
Steve Luecke
Cleo Washington
Rolland Kelly
Ann Puzzello
Linas Slavinskas
Thomas Zakrzewski
Sean Coleman
Loretta Duda
Eugene Ladewski
Planning Staff
Pam Meyer - Director, Division of Planning
Larry Magliozzi, Senior Planner
July 6, 1992
TABLE OF CONTENTS
Page
SECTION
I.
INTRODUCTION . . . . . . . . . .
. . . . 1
A.
General
B.
Effective Date
C.
Previous Annexations
SECTION
II.
GENERAL DATA . . . . . . . . . .
. . . . 1
A.
Location
B.
Legal Description
C.
Size
D.
Population
E.
Buildings and Land Use
F.
Zoning
G.
Tax Rate and Assessment
H.
Councilmanic District
SECTION
III.
STATE LAW REQUIREMENTS. . . . .
. . . . 3
SECTION
IV.
MUNICIPAL SERVICES . . . . . . .
. . . . 4
A.
Public Works
B.
Police Department
C.
Fire Department
D.
Code Enforcement
E.
Parks and Recreation
F.
Administrative Services
SECTION
V.
RECOMMENDATION . . . . . . . . . .
. . . . 5
APPENDIX Maps and Tables
SECTION I. INTRODUCTION
This annexation plan represents the City of South Bend's
(hereinafter, "City ") policy for the voluntary annexation of
property in Penn Township, St. Joseph County (hereinafter,
"Annexation Area "), and was developed through the cooperative
efforts of the following Departments of the City:
Legal Depa
Department
Department
South Bend
South Bend
Department
Department
Department
rtment
of Public Works
of Public Parks
Fire Department
Police Department
of Code Enforcement
of Economic Development
of Administration and Finance
The petition for voluntary annexation into the City was submitted
to the City Clerk's office on June 16, 1992 and received first
reading by the Common Council on June 22, 1992.
The anticipated date for the annexation to be effective is October
23, 1992, after proper publication and notice as required by state
law. A complete schedule is outlined in Table 1.
This parcel was previously annexed into the City under Ordinance
No. 7446 -85. It was subsequently disannexed in the same year due
to the developer not being able to obtain a needed rezoning for the
development of a garden apartment complex.
SECTION II. GENERAL DATA
A. Location
The Annexation Area is located on the east side of the City of
South Bend just east of the intersection of Inwood and Ironwood
Roads. The property is on the north side of Inwood Road
approximately 1,440 feet east of Ironwood Road. A map showing the
Annexation Area can be found on Map 1.
B. Legal Description
The Annexation Area is part of the Southwest Quarter of Section 20,
Township 37 North, Range 3 East, Penn Township. A complete legal
description for the Annexation Area can be found in Table 2.
C. Size
The size of the Annexation Area is 36.02 acres.
- 1 -
D. Population
There are no people currently living on the site.
E. Buildinas and Land Use
The Annexation Area is currently vacant land, and has no structures
located on it.
A developer has submitted a Preliminary Plat to the Area Plan
Commission for the development of the Annexation Area into
single - family lots. A Final Plat will not be approved until the
annexation is effectively annexed into the City. In conjunction
with some additional vacant land to the north and adjacent to the
Annexation Area and already in the City, the developer proposes to
develop a 52 lot subdivision to City standards. Average lot sizes
are indicated to be approximately 3/4 acre.
F. Zoning
The site is presently zoned "R" Residential in unincorporated St.
Joseph County. Upon annexation it will be zoned "A" Residential
per the requirements of Chapter 21 of the Municipal Code of the
City of South Bend.
Since a developer has formally submitted a Preliminary Plat to the
Area Plan Commission for the development of the site into
single - family lots, the zoning of the parcel will remain as "A"
Residential.
G. Tax Rate and Assessment
Since the City of South Bend provides fire service, the Township
Rate will decrease by $0.4095 per $100.00 of assessed valuation
with the deletion of the Fire Fighting, the Fire Debt and the
Cumulative Fire Fund assessments.
The tax rate for the Annexation Area will increase by the addition
of the City and Town Rate, the Redevelopment District Rate and the
South Bend Transpo Rate. The tax rate for South Bend -Penn is
15.8750.
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 shows the tax rate information as published by
the St. Joseph County Auditor.
The current, net assessment of the property is $32,760.00 resulting
in a net tax of $3,053.09. Assuming the property remains vacant,
annexation of the property would result in a new net tax of
$4,401.32, based on current tax rates and calculations. Since the
Annexation Area will be developed into single - family lots, the net
- 2 -
taxes due in future years will rise proportional to the development
of the lots. Based on comparable lot sizes and the indication of
the value of the homes that will be constructed, it is estimated
that the total tax income for the development will be approximately
$255,857.00 per year. The adjacent subdivision of Topsfield was
used for comparative purposes.
H. Councilmanic District
The Annexation Area will be in Councilmanic District 5.
SECTION III. STATE LAW REQUIREMENTS
This annexation meets the state law requirements pursuant to
Indiana Code 36- 4 -3 -5. This section of the Code pertains to owners
of land who desire to have their property, if such property is
contiguous, annexed to a municipality.
The Petition to annex is signed by at least 51% of the owners of
the land in the territory sought to be annexed. The Petition has
been signed by the trustee of the Oliver Trust Memorial Foundation
who represents all of the owners of the land within the Annexation
Area.
The property is at least 1/8 (one- eight; 12.5 %) contiguous to the
South Bend City limits, as evidenced by the Legal Description and
the Location Map, both of which are a part of this annexation
plan. 73.77% of the aggregate external boundaries of the annexed
area coincide with the boundaries of the City.
Section IV of this annexation plan is a compilation of the service
reports from City departments, and shows that the City is
physically and financially able to provide municipal services to
the territory sought to be annexed.
- 3 -
SECTION IV. MUNICIPAL SERVICES
A. Public Works
The Department of Public Works notes that the infrastructure needs
of the proposed development will be provided by the developer, and
the department does not anticipate the need for any City funds.
On -going maintenance will be provided by existing crews.
B. Police Protection
The Annexation Area will be added to Beat 15, and will be serviced
by existing police units through routine patrol and law enforcement
activities.
The Department notes that the development of other tracts in the
vicinity of the Annexation Area has increased the demands on the
Department for traffic control and crime prevention patrols. These
developed tracts consist of many business and high density
residential areas. The Department is planning to create a new Beat
16 as part of the general restructuring of Beats to cover newly
annexed areas as well as relieve some of the calls for service.
The Annexation Area will be part of the new Beat. Despite the
Departments indication that additional service will be required in
addition to existing police units, it does not anticipate any
unusual problems.
The Department indicates that it will cost the City approximately
$4,821.00 to provide the full range of available police services to
the Annexation Area once it is fully developed.
C. Fire Protection
The South Bend Fire Department does not foresee any unusual fire
protection problems related to this annexation. The Annexation
Area is located approximately 1.5 miles from Station #8, located at
2402 Twyckenham Drive. Additional responding units would be Engine
#10 at 308 West Ireland Road located approximately 2.5 miles from
the Annexation Area.
Fire officials note that response times will be comparable to other
areas of the City, and that no additional equipment will need to be
purchased or personnel hired to service the Annexation Area.
D. Code Enforcement
The Department of Code Enforcement can provide services to this
area without any additional expenses over the present budget.
- 4 -
E. Parks and Recreation
There are adequate park facilities in the southern portion of the
City which can be utilized by residents of the Annexation Area.
These parks are: Marshall, O'Brien and Hamilton. There are tennis
courts and a play area located at Marshall Park. O'Brien and
Hamilton Parks have play equipment, as well as football and soccer
fields. The tennis courts at Marshall Park are lighted for night
time play. O'Brien Park also has a lighted softball diamond.
Picnic tables and grills are also available at these parks. The
Department indicates that no additional personnel or services will
be needed to provide adequate services to the Annexation Area.
F. Administrative Services
The incorporation of the Annexation Area will not effect the
provision of other services currently provided to this property 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 a few of the county -wide agencies that
will continue to provide the same type and level of services to the
Annexation Area.
SECTION V. RECOMMENDATION
This annexation plan shows that the Annexation Area meets the
requirements of the applicable State statutes, and that the City is
physically and financially able to provide municipal services to
the territory sought to be annexed.
It is recommended that this annexation plan be adopted and that the
Petition for Annexation into the City of South Bend be approved and
that the Annexation Area be accepted into the City after passage of
the annexation ordinance, approval by the Mayor, and proper
publication and notice.
- 5 -
A P P E N D I X
1992 -1993 Table
Annexation Schedule - Oliver Trust
July 1992
S M T W T F S
T
rune 1aa�
1
2
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
29 30
31
37
25 26 27
28
July 1992
S M T W T F S
— August 1992 -
S M T W T F S
T
1
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
29
— August 1992 -
S M T W T F S
— aepiemoer lave
S M T W T F S
T
1
2
3
4 5
i
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
31
26
15 Oliver Trust - Board of Public Safety
27
— aepiemoer lave
S M T W T F S
S M T W
T
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
21
22
S M T W
T
F
S
S M
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
1
June
November
M T W
December
1992—
S M
S
M
T W
T
F
S
17 Oliver Trust - Filed
9 10 1 1
12 13
1 2
3
4
5
22 Oliver Trust - First Reading
6
7
8 9
10
11
12
July
13
14
15 16
17
is
19
13 Oliver Trust - Board of Public Works
20
21
22 23
21
25
26
15 Oliver Trust - Board of Public Safety
27
28
29 30
31
37
25 26 27
28
21 Oliver Trust - Board of Water Commissioners
30 31
27 Oliver Trust - Council Public Hearing/Fiscal Plan
August
January
1993-
10 Oliver Trust - Council Public Hearing /Ordinance
S
M
T W
T
F
S
21 Oliver Trust - Remonstrance Period Begins
1
2
3
4
5 6
7
8
9
October
10
11
12 13
14
15
16
20 Oliver Trust - Remonstrance Period Ends
17
24
18
25
19 20
26 27
21
28
22
29
23
30
23 Oliver Trust - Annexation Effective
31
February
1993-
8
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
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
—
S
November
M T W
1992
T F
S
S M
May 1993
T W T
F
S
1 2 3 4 5 6 7
1
8
9 10 1 1
12 13
14
2 3
4 5 6
7
8
15
16 17 18
19 20
21
9 10
11 12 13
14
15
22
23 24 25
26 27
28
16 17
18 19 20
21
22
29
30
23 24
25 26 27
28
29
30 31
5/92
Table 2
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20.
TOWNSHIP 37 NORTH, RANGE 3 EAST, OF THE SECOND PRINCIPAL
MERIDIAN, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF
SAID SECTION 20, SAID POINT BEING ALONG THE CENTERLINE OF THE
RIGHT -OF -WAY OF INWOOD ROAD; THENCE SOUTH 89 037'07" WEST (BEARING
ASSUMED) ALONG THE PRESENT CITY LIMITS A DISTANCE OF 1199.24
FEET; THENCE NORTH 00003'39" EAST, ALONG THE PRESENT CITY LIMITS,
A DISTANCE OF 899.34 FEET; THENCE NORTH 89 057'14" EAST, ALONG THE
PRESENT CITY LIMITS, 61.31 FEET; THENCE NORTH 00 "03'39" EAST
ALONG THE PRESENT CITY LIMITS 434.82 FEET; THENCE NORTH 89 "57'14"
EAST ALONG THE PRESENT CITY LIMITS, A DISTANCE OF 1137.90 FEET;
THENCE SOUTH 00 003'39" WEST, A DISTANCE OF 1326.96 FEET TO THE
POINT OF BEGINNING, AND CONTAINING 36.02 ACRES, MORE OR LESS.
Table 3
TAX RATE INFORMATION
1991 payable 1992
PENN
SOUTH BEND
TAX
FUND
TOWNSHIP
PENN
DIFFERRENTIAL
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
Table 4
Summary Table
Department
Costs
Public Works
$0.00
Police Department
$4,821.00
Fire Department
$0.00
Code Enforcement
$0.00
Parks Department
$0.00
Administrative
$0.00
TOTAL
$4,821.00
Source
n/a
General Budget
n/a
n/a
n/a
n/a
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Annexation Area