HomeMy WebLinkAboutAdopting a written fiscal plan and establishing a policy for the provision of services to an annexation area in German Township (Airport Authority Annexation Area)Attest:
RESOLUTION
No. 4689 -16
Passed by the Common Council of the City of South Bend, Indiana
October 10, 1 20—.L6.
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
October 11. 2016
Approved and signed by me be,44ty I —20 It
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City Clerk
RESOLUTION NO. 4 6 eb ' I
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN TOWNSHIP
(AIRPORT AUTHORITY ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South
Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the
annexation of real estate located in German Township, St. Joseph County, Indiana, which is
more particularly described at Section I of this Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately 71.31
acres of land containing residential structures and agricultural and wooded land, which property
is at least 12.5% contiguous to the current City limits, i.e., approximately 27.2% contiguous,
generally located southwest of the St. Joseph Valley Parkway- Lincolnway West (US 20)
interchange. It is anticipated that the annexation area will be used for light industrial uses; and
WHEREAS, this development will require a basic level of municipal public services of a
non - capital improvement nature, including police and fire protection, street and road
maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services
of a capital improvement nature, including street and road construction, sidewalks, street
lighting, a sanitary sewer system, a water distribution system, and a storm water system and
drainage plan; and
WHEREAS, the South Bend Common Council 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 police and fire protection, street and road maintenance, street sweeping,
flushing, and snow removal, and sewage collection, and other non - capital services normally
provided within the corporate boundaries; and services of a capital improvement nature including
street and road construction, street lighting, a sanitary sewer extension, a water distribution
system, and a storm water system 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, regardless of similar topography, patterns of land use, and
population density; (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 within the same
manner as those services are provided to areas within the corporate boundaries of the City of
South Bend regardless of similar topography, patterns of land use, or population density, and in a
manner consistent with federal, state and local laws, procedures, and planning criteria; and (6)
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the plan for hiring the employees or other governmental entities whose jobs will be eliminated by
the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed to be
annexed that the following described real property located in Portage Township, St. Joseph
County, Indiana be annexed to the City of South Bend:
Part of the Southwest Quarter of Section 30 and the North Half of Section 31, Township 38
North, Range 2 East, German Township, St. Joseph County, Indiana, being more
particularly described as: commencing at the Northwest Corner of Said Section 31; thence
South 00'06'11" West along the West Line of Said Section, 1089.99 feet to the Point of
Beginning; thence North 89 °42'25" East, 588.56 feet (rec. North 90 °00'00" East, 588.77
feet); thence North 00 °24'48" East, 355.17 feet (rec. North 00 °00'00" East, 357.32 feet) to
the Southwest Corner of Lot 1 of the Recorded Plat of Keller and Hall Minor Subdivision
as recorded in the Office of the Recorder of St. Joseph County, Indiana; thence South
89 °58'26" East along the South Line of Said Lot 1, 553.41 feet (rec. South 89 °47'33" East,
553.56 feet) to the Southeast Corner of Said Lot 1; thence North 01 °42'52" West, 457.16
feet to the Northwest Corner of Lot 2A of the recorded plat of Cascino Minor Subdivision
as recorded by Document Number 9125343; thence along Said Lot 2A for the next four (4)
courses, North 89 °26'08" East, 353.28 feet (rec. North 89 °27'57" East, 351.36 feet), and
North 02 °09'38" West, 129.92 feet (rec. North 02 °07'49" West, 129.92 feet), and North
54'49'19" West, 313.42 feet (rec. North 54 °47'30" West, 313.42 feet), and North
28'33'11" East, 27.89 feet (rec. North 28 °35'00" East, 27.8 feet) to the Southerly Right -
of -Way Line of U.S. Highway 20; thence North 00 °00'00" East, 285 feet more or less to
the North Right -of -Way Line of Said U.S. Highway 20; thence South 55 °25'02" East,
along said North Line, 660 feet more or less to the present City of South Bend Corporate
Limit Line; thence South 28'33'11" West, 180 feet along Said Line to the South Right -of-
Way Line of U.S. Highway 20; thence along said South Line, South 55 °25'02" East, 300
feet more or less to a point of intersection with the West Right -of -Way Line of the U.S. 20
By -Pass (a.k.a. St. Joseph Valley Parkway); thence along said Westerly Right -of -Way Line
for the next eight (8) courses; South 38 °08'20" East, 139.58 feet, and South 28'56'12"
East, 935.25 feet, and South 01 °44'02" East, 55.85 feet (rec. South 00 °00'00" East, 48.00
feet) to a point on the North Line of the South % of the Northwest Quarter of Said Section
31, and South 89 °53'51" East along Said North Line, 14.92 feet, and North 01 °36'33"
West, 14.68 feet, and South 29 °41'47" East, 653.16 Feet (rec. South 33 °00'50" East,
675.32 feet) and South 09 °41'15" East, 409.58 feet (rec. South 08 °47'10" East, 409.58
feet), and South 04 °05'20" East, 376.16 feet (rec. South 03 °11'15" East, 376.16 feet) to
the East and West Quarter Line of Said Section 31; thence North 89 °46'55" West, 381.54
feet (rec. North 89 °46'55" West, 427.96 feet) to the center of Said Section as monumented,
also being the Southeast Corner of Lot 3 of the recorded plat of R.M. Lynch Minor
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Subdivision as recorded by Document Number 8800527 in the Office of the Recorder of
St. Joseph County, Indiana; thence North 01 °36'33" West along the North and South
Quarter Line of Said Section 31, and the East Line of Said Lot 3, 949.65 feet to the
Northeast Corner of Said Lot 3; thence North 89 °49'54" West along the North line of Said
Lot 3, and its Westerly extension, 2535.42 feet (rec. North 89 °56'27" West) to the West
Right -of -Way line of Pine Road; thence North 00'06'11 " East, along Said West Line,
616.06 feet; North 89 °42'25" East, 30 feet more or less to the Point of Beginning.
Containing 71.73 acres more or less. Subject to legal right -of -ways, easements, and
restrictions of record.
Section II. 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 police
and fire protection, street and road maintenance, street sweeping, flushing, and snow removal,
within one (1) year of the effective date of the annexation in a manner equivalent in standard and
scope to services furnished by the City to other areas of the City regardless of similar
topography, patterns of land utilization, and population density; and to furnish to said territory,
services of a capital improvement nature such as street and road construction, sidewalks, a street
light system, a sanitary sewer system, a water distribution system, a storm water system and
drainage plan, 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
regardless of similar topography, patterns of land use, or population density.
Section III. The South Bend Common Council, shall and does hereby now establish and
adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing
of said services to the territory to be annexed, which provides, among other things, that the
public sanitary sewer and water network is available with capacity sufficient to service this area
with costs for extensions and any improvements in sewer or water capacity to be paid for by the
developer in compliance with state and local law; that the developer will create a surface water
pollution prevention plan and obtain a storm water discharge permit prior to disturbing the land;
that the City can provide basic street lighting with expenses for additional or decorative lighting
to be paid by the developer with possible maintenance and operation of additional lighting by the
City from property tax revenue; and that no new roads or streets will be required, but for any
new streets internal to the site or upgrades to Pine Road infrastructure, including sidewalks,
construction costs shall be at the owner or developer's expense.
Section IV. Site planning should employ Complete Streets principles; and sidewalks
should be provided along public streets and be in compliance with the Americans with
Disabilities Act (ADA). Any new streets installed as the site develops should provide access and
connectivity throughout the annexation area. To the extent possible, mature trees and other
natural features of the Annexation area should be retained, especially along the site's perimeter.
Section V. It is required as a condition of annexation that any future alterations to the
property meet the City of South Bend's building and zoning requirements.
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Section VI. This Resolution shall be effective from and of the date of adoption by the
Common Council.
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UN APROAD
Member, South Bend Common Council
Filed in Clerk's Office
AUG 2 5 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN