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HomeMy WebLinkAboutFiscal Plan for Annexation of Property Located in German Township North of Lincolnway WestNRES8OLUTION Passed by the Common Council of the City of South Bend, Indiana October 8, 90 19 City Clerk President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana October 9, 90 (ice Clerk Approved and signed by me_ 6c"- / / 19 94f� " Mayor RESOLUTION NO. ( 2 [ l - 9 0 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 GERMAN 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 German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is adjacent to and /or near the Michiana Regional Airport and is to be developed, as part of the City's Airport 2010 project, which development 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, fire and police protection, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, water 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 the Common Council finds appropriate and the adoption of which as the plan and policy for the City of South Bend the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS 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 following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: That part of Sections 29, 30, 31 and 32, T. 38 N., R. 2 E., German Township, St. Joseph County, Indiana which is described as: Beginning at the North quarter Post of said Section 29; thence South along the North and South quarter line of said Section to a Point which is 824.24 ft. South of the Center of said Section; thence East, 89.71 ft.; thence South Parallel with and 89.71 ft. East of the North and South quarter Line of said Section, 1784.88 ft., said point being the North Right of Way Line of Lathrop Street (Douglas Road); thence West along the North line of said Lathrop Street to the Westerly line of Butternut Road; thence Southwesterly along a line parallel to and 20.00 ft. Westerly of the following described line to wit: Beginning at a Point in the Centerline of Butternut Road; thence South 29.00 ft. to an Iron; thence S. 05 °- 24' -06" W., 251.90 ft. to an Iron set in concrete; thence S. 31 °- 09' -50" W., 473.36 ft. to an Iron; thence S. 01 °- 23' -50" W., 123.15 ft. to an Iron, all being a line along the Westerly Right of Way of Butternut Road; thence S. 880- 46' -30" W., 1595.58 ft. to a Point on the West Line of said Section 32 which is South 829.90 ft. from the Northwest Corner of said Section; thence S. 881- 46' -30" W., 1132.51 ft. to a Point on the Northwesterly Right of Way line of the U.S. #31 By -Pass and the Lincolnway West -U.S. #20 intersection; thence N. 190- 08' -51" W. along the limited access Right of Way line of the Northeast ramp of the U.S. #31 By -Pass, 1654.59 ft. to a point 603.50 ft. more or less South of the North line of the South half (1/2) of the Southeast quarter (1/4) of said Section 30, which point is 210.00 ft. to the right of PCC at Station 22 + 10 of the survey line of the said Northeast ramp; thence Westerly at Right angles to line "M" which line is the centerline of the U.S. #31 By -Pass, 420.00 ft. more or less to a point in the limited access right of way line of the Northwest ramp of said U.S. #31 By -Pass; thence Southerly and Westerly along the limited access right of way line of said Northwest ramp to a Point 79.36 ft. South of the North quarter post of said Section 31; thence North along the North and South quarter line of said Section 31, 79.36 ft. to the North quarter post of said Section; thence North along the North and South quarter line of Section 30 to the Center of Section 30; thence East along the East and West quarter line of said Section to the east quarter Post of said Section; thence East along the East and West quarter line of said Section 29 to the Southeast Corner of the West half of the West half of the Northwest quarter of said Section 29; thence North along the East line of the West half of the West half of the Northwest quarter of said Section to the Northeast Corner of the West half of the West half of the Northwest quarter of said Section; thence East along the North line of said Section and the Centerline of Cleveland Road to the Point of Beginning. 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 - 2 - 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 for 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 day of 1990. PRESENTED J0' g -90 NOT APPROVED ADOPTED / D ' g 96 REDEVI:R -ANNEX Member, Commo ounce ATTACHMENT "B" CITY OF SOUTH BEND, INDIANA FISCAL PLAN FOR THE ANNEXATION OF THE PROPERTY LOCATED IN GERMAN TOWNSHIP NORTH OF LINCOLNWAY WEST INTRODUCTION The following Fiscal Plan, developed through the cooperative efforts of the City of South Bend's Controller's Office, Department of Public Works, Police Department, Fire Department, Department of Neighborhood Code Enforcement, and the Department of Public Works, represents the City's policy for the annexation of the property located north of Lincolnway West in German Township, St. Joseph County (hereinafter, "Annexation Area "). This annexation meets the statutory contiguity requirements. I. LOCATION The Annexation Area is located near the Michiana Regional Airport in part of Sections 29, 30, 31 and 32, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana. The Legal Description for the Annexation Area, marked as Exhibit 1, is sattached hereto and made a part hereof. A map showing the Annexation Area, marked as Exhibit 2, is attached hereto and made a part hereof. There are approximately 489.50 acres of land within the Annexation Area. The Annexation Area is within the Airport 2010 Project area. II. EXISTING LAND USE There are three residential lots which comprise approximately 21.5 acres of the entire Annexation Area. The remaining 468 acres are vacant land. III. PROPOSED DEVELOPMENT The Airport 2010 plan designates this proposed Annexation Area for an office park and corporate office campus development. The office park and corporate office campus project will include a golf course and hotel. The golf course will be privately owned and opened for public play. All surface drainage is to be handled in compliance with the City of South Bend's Subdivision Standards. The developer of the project will be responsible for infrastructure improvements that are directly related to building sites, the golf course and the hotel site. The City will be responsible for the development of city streets and utilities and will finance its portion of the improvements through the sale of a Tax Increment Revenue Bond. State funds are being sought for a portion of the improvements, including an expanded Toll Road interchange. Should state funds not immediately be available in the amount required, the project schedule will be revised and the extent of the initial development revised. IV. PROVISION OF CITY SERVICES A. Public Works No additional expenditure from the City's general fund or operating budget will be required to provide the proposed street and utility improvements. Funds for the development of the internal city street system will be provided by a Redevelopment Commission and Authority's Tax Increment Bond Issue. The Redevelopment Commission and Authority will sell bonds of approximately $6,000,000 to finance the City's portion of the improvements by December 1990. Development in this manner of an internal city street system shall be complete within three (3) years after the effective date of the annexation. Additional improvements to the major roads in the area, including the Toll Road interchange, will be sought from the State of Indiana's Transportation Improvement Fund and Toll Road General Reserve Fund. Private developers will be required to provide capital improvements directly related to the development sites, golf course and hotel site. The proposed streets represent less than one percent (1 %) of the City's current road system and can be easily maintained with existing personnel and equipment without additional expenditure of money. The existing wastewater treatment and collection systems can provide service to the proposed area without any additional expenditures by the City. The existing water system is adequate and currently available to the Annexation Area. These services shall be furnished to the Annexation Area immediately upon the effective date of the annexation. The City can also provide solid waste collection services as needed to the Annexation Area without additional equipment or personnel and without additional expenditure of money. B. Police Protection The Annexation Area's use, as well as its size and location, necessitate the creation of a new police patrol beat adjacent to the existing Beat 24 to provide adequate and comparable police protection to the area. The additional beat will require 4.5 patrol officers to cover all three shifts and days off. Personnel -2- will spend approximately 20 percent of their time on patrol within the area. Total yearly cost for personnel associated with the new patrol beat is approximately $31,550, including supervision, vacation coverage, and overtime as required. An additional patrol vehicle, costing approximately $13,000 will also be needed for the new beat. Total costs attributable to the creation of the new beat is $44,550. Personnel costs will be included in the annual operating budget of the Police Department. Vehicle costs will be paid from the Cumulative Capital Development Fund or the General Fund. Police protection of the scope detailed herein shall be furnished to the Annexation Area within one (1) year after the effective date of the annexation. C. Fire Protection Fire protection can be furnished immediately upon the effective date of the annexation. No site plan has been developed for this particular development. When one is submitted, however, adjustments in personnel and equipment will be made as necessary to provide adequate fire protection. Depending upon the final configuration of the roads and the location of the buildings and golf course within the complex, fire protection will be provided by either Station #11 at 3505 North Bendix Drive, Station 7 at 1616 Portage Avenue, or Station 4 which is located at 220 North Olive Street. Response times will be comparable to other parts of the City near the Annexation Area which are also served by stations 4, 7 and 11. D. Neighborhood Code Enforcement The Department of Neighborhood Code Enforcement can perform code enforcement activities without acquiring additional equipment or hiring of additional personnel. The Humane Society of St. Joseph County currently provides animal control services on a County -wide basis. These services shall be furnished to the Annexation Area immediately upon the effective date of the annexation. E. Public Parks There are adequate park facilities in the northwest area of the City which can be utilized by persons within the Annexation Area, immediately upon the effective date of the annexation. Parks and facilities which are reasonably close to the Annexation Area are: 1) Voorde Park which is comprised of fourteen (14) acres, containings a softball field, picnic tables and playground equipment; and, 2) Boland Park, comprised of twenty -one (21) acres containing three lighted tennis courts, a lighted softball diamond, basketball courts and various picnic and playground facilities. -3- No additional personnel or equipment will be needed to provide services to the Annexation Area. V. HIRING PLAN This annexation will not result in the elimination of jobs of employees of another governmental entity. ml \daven \airport -4- PEIRCE & ASSOCIATES Land Surveyors & Professional Engineers H. Douglas Peirce L.S. EXHIBIT 1 Ronald Harner L.S. - - - Lawrence Merritt P.E. Michael 1. Danch L.A. LEGAL DESCRIPTION Michael A. Bramlett P.E. That part of Sections 29, 30, 31 and 32, T. 38 N., R. 2 E., German Township, St.. Joseph County, Indiana which is described as: Beginning at the North quarter Post of said Section 29; thence South along the North and South quarter line of said Section to a Point which is 824.24 ft. South of the Center of said Section; thence East, 89.71 ft.; thence South Parallel with and 89.71 ft. East of the North and South quarter Line of said Section, 1784.88 ft., said point being the North Right of Way Line of Lathrop Street (Douglas Road); thence West along the North line of said Lathrop Street to the Westerly line of Butternut Road; thence Southwesterly along a line parallel to and 20.00 ft. Westerly of the following described line to wit: Beginning at a Point in the Centerline of Butternut Road; thence South 29.00 ft. to an Iron ; thence S. 05 °- 24' -06" W., 251.90 ft. to an Iron het in concrete; thence S. 31 0 - 091-50" W., 473.36 ft. to an Iron; thence S. 01 - 23' -50" W., 123.15 ft. to an Iron, all being a line along the Westerly Right of Way of Butternut Road; thence; S. 88 - 46' -30" W., 1595.58 ft. to a Point on the West line of said Section 32 which is South 829.90 ft. from the Northwest Corner of said Section; thence S. 88 °- 46' -30" W., 1132.51 ft. to a Point on the Northwesterly Right of Way line of the Y.S. #31 By -Pass and the Lincolnway West -U.S. #20 intersection; thence N. 19 - 08' -51" W. along the limited access Right of Way line of the Northeast ramp of the U.S. #31 By -Pass, 1654.59 ft. to a point 603.50 ft. more or less South of the North line of the South half (1/2) of the Southeast quarter (1/4) of.said Section 30, which point is 210.00 ft. to the right of PCC at Station 22 + 10 of the survey line of the said Northeast ramp; thence Westerly at Right angles to line "N" which line is the centerline of the U.S. @31 By -Pass, 420.00 ft. more or less to a point in the limited access right of way line of the Northwest ramp of said U.S. #31 By -Pass; thence Southerly and Westerly along the limited access right of way line of said Northwest ramp to a Point 79.36 ft. South of the North quarter post of said Section 31; thence North along the North and South quarter line of said Section 31, 79.36 ft. to the North quarter post of said Section; thence North along the North and South quarter line of Section 30 to the Center of Section 30; thence East along the East and West quarter line of said Section to the east quarter Post of said Section; thence East along the East and West quarter line of said Section 29 to the Southeast Corner of the West half of the West half of the Northwest quarter of said Section 29; thence North along the East line of the West half of the West half of the Northwest quarter of said Section to the Northeast Corner,of the West half of the West half of the Northwest quarter of said Section; thence East along the North line of said Section and the a ine of Cleveland Road to the Point of Beginning. Containing 48.0 Acres more or less. ,,,;r•!'';'�•••..,L ' NO. S0318 ca) L STATE OF I. Dou Sp e L.S. '�,'• /kpi6yt. r pg• Indiana Reg. # S 0318 ......... 1 4,,a September 5, 1990 =ti S URA 0 0, r71r> _ orr)n71 -2 11•11ew 11010" 52578 U.S. #33 North, P.O. Box 8160, South Bend, Indiana 46637 219/277 -5381 Fax 219/277 -8012 208 West Mars, Berrien Springs, Michigan 49103 616/471 -3010 EXHIBIT 2 ANNEXATION DIAGRAM LEGAL DESCRIPTION That part of Sections 29, 30, 31 and 32, T. 38 N., R. 2 E., German Township, St. Joseph County, Indiana which is described as: Beginning at the North quarter Post of said Section 29; thence South along the North and South quarter line of said Section to a Point which is 824.24 ft. South of the Center of said Section; thence East, 89.71 ft.; thence South Parallel with and 89.71 ft. East of the North and South quarter Line of said Section. 3784.88 ft., said point being the North Right of Way Line of Lathrop Street (Douglas Road); thence West along the North line of said Lathrop Street to the Westerly line of Butternut Road; thence Southwesterly along a line parallel to and 20.00 ft. Westerly of the following described line to wit: Beginning at a Point in the Centerline of Butternut Road; thence South 29.00 ft. to an Iron ; thence S. 050- 24' -06' N., 251.90 ft. to an Iron tat in concrete; thence S. 310- 09'-50' W., 473.36 ft. to -an Iron; thence S. 01 - 23' -50" W., 123.15 ft. to an Iran, all belag a line along the Westerly Right of Way of Butternut Road; thence; S. 88 - 46' -30' W., 1595.58 ft. to a Point on the West line of said Section 32 which is South 029.90 ft. from the Northwest Corner of said Section; thence s. B80- 46' -30' W., 1332.51 ft. to a Point on the Northwesterly Right of llay line of the dl. S. /31 By -Pass and the Lincolnway West -U.S. f2B Intersection; thence N. 39 W. along the limited access Right of Way line of the Northeast ramp of the U.S. 131 By -Pass, 1654.59 ft. to a point 603.50 ft. more or less South of the North line of the South half (1 /2) of the NOT TO SC•rc Southeast quarter (114) of said Section 30, which paint is 210.00 ft. to the right of PCC at Station 22 . 10 of the survey line of the said Northeast amp; thence Nesterly at Right angles to line 'N' which line is the centerline of the V.S. 031 By -Pass, 420.00 ft. more or less to a point in the limited access right of may line of the Northwest reap of said U.S. 131 By -Pass; thence Southerly and Westerly along the limited access right of way line of said Northwest ramp to a Point 79.36 ft. South of the North quarter post of said Sactimu 31; thence North along the North and South quarter line of said Section 31, 79.36 ft. t0 the North quarter post of said Section; thence North N. Line Se C. 29 G CIL Cleveland Ad. along the Borth and South quarter line of Section 30 to the Center of Section 30; thence East along the East and Nest quarter line of said Section 20 the w w east quarter Post of said Section; thence East along the East and West quarter _ r" +' +.'r.�•s line of said Section 29 to the Southeast Corner of the West half of the West half of the Northwest quarter of said Section 29; thence North along the East line of the West half of the West half of the Northwest quarter of said Sectinn to the Northeast Corner of the Nest half of the West half of the Roilln-st quarter of said Section; thence East along the North line of said Section and the Centerline of Cleveland Road to the Point of Beginning. -u i s n r i^', I rr•. r.r I I 489.501ACRES ± I I i4w I ti---_-------___--- 1nl �O I f � . < /4ro n s \s• City of South Bend Joseph E. Kernan, Mayor Department of Economic Development Jon R. Hunt Executive Director Mr. Thomas Zakrzewski President Common Council 4th Floor South Bend, Indiana 46601 Ann E. Kolata Deputy Executive Director September 18, 1990 Re: A Resolution of the City of South Bend Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexed Area Dear Tom: I am attaching for filing a resolution adopting a written fiscal plan and establishing a policy for the provision of services to an annexed area. The Board of Public Works, Board of Public Safety and Board of Water Works Commissioners have adopted the written fiscal plan proposed to be adopted by this resolution. The annexation area in question is situated to the north of Lincolnway West. An ordinance annexing this area has been filed with the Council for first reading at the Council's September 24, 1990 meeting. The annexation area is planned for development as part of the City's Airport 2010 project. Please feel free to call if you have any questions. Your favorable consideration is respectfully requested. Sincerely, on Hunt Director Department of Economic Development 1200 County -City Building • South Bend, Indiana 46601 • 219/284 -9371 Fax 219/284 -9892 Redevelopment Economic Development Housing Rehabilitation Ann Kolata & Business Assistance Kathryn Baumgartner 284 -9371 Donald Inks 521 Eclipse Place 284 -9335 284 -9475 Financial & Program Management Elizabeth Leonard 284 -9335 Human Rights Mary E. Allen 284 -9355