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Home My WebLink AboutAnnexing Ironwood North Annexation . . ORDINANCE No. 8702-96 Passed by the Common Council of the City of South Bend,Indiana August 12. 19 96 Attest: 1 i y . AL, City Clerk LORET ° J.Di Attest: j' �' President of Common Council Presented by me to the Mayor of the City of South Bend,Indiana August 13, 19 96 _ _l - - _ -G�� City Clerk LORETT J.D ,�I Approved and signed by me 19 Mayor • SUBSTITUTE ORDINANCE NO. 7$4.02-96 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (IRONWOOD NORTH ANNEXATION) STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend, Indiana, has determined that it is in the best interest of the City of South Bend to annex and bring within the corporate limits of the City of South Bend certain territory that is contiguous with the City of South Bend. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: SECTION I . That the following described real estate situated in St . Joseph County, Indiana, being contiguous by more than one-fourth (1/4) of its aggregate external boundaries with the present boundaries of the City of South Bend, Indiana, shall be and hereby is annexed to and brought within the City of South Bend, Indiana: A PARCEL OF LAND LOCATED IN THE E. 1/2 OF THE SE 1/4 OF SECTION 31 T. 38 N. R. 3 E. , CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NW CORNER OF THE SE QUARTER OF SAID SECTION, ALSO BEING THE CENTERLINES OF IRONWOOD AND DUNN ROADS; THENCE SOUTH TO THE SOUTH RIGHT-OF-WAY LINE OF THE EDWARDSBURG HIGHWAY (STATE ROAD NO. 23) AND ALSO BEING THE CURRENT CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTH LINE OF STATE ROAD NO. 23 TO THE NORTH RIGHT-OF- WAY LINE, EXTENDED, OF VANESS STREET, ALSO BEING THE CURRENT CITY LIMIT LINE OF SOUTH BEND, INDIANA; THENCE WEST ALONG SAID LINE TO THE SOUTHEAST CORNER OF LOT 44 OF VANESS PLAT (RECORDED) ; THENCE NORTH ALONG THE EAST LOT LINE OF SAID LOT 44 A DISTANCE OF 300 FEET; THENCE WEST PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET A DISTANCE OF 230 FEET TO THE CENTERLINE OF WILLIS STREET; THENCE NORTH ALONG THE CENTERLINE OF WILLIS STREET 79 .4 FEET TO THE SOUTH LOT LINE, EXTENDED, OF LOT 41 OF VANESS PLAT; THENCE EAST ALONG SAID LOT LINE TO THE SOUTHEAST CORNER OF SAID LOT 41; THENCE NORTH ALONG THE EAST LINE OF VANESS PLAT TO THE CENTERLINE OF DUNN ROAD; THENCE EAST ALONG THE CENTERLINE OF DUNN ROAD TO THE PLACE OF BEGINNING. • • SECTION II . That the above-described real estate is at least sixty percent (60%) subdivided. SECTION III . That the population density of the area is in excess of three (3) persons per acre. SECTION IV. That a tax abatement program shall be and hereby is established within the above-described area for the three (3) taxable years following the effective date of this ordinance, which program shall, through a reduction in assessed value for purposes of calculating municipal tax liability, abate: 1 . Seventy-five percent (75%) of a taxpayer' s liability for municipal purposes in the first year of said tax abatement program; 2 . Fifty percent (50%) of a taxpayer' s liability for municipal purposes in the second year of said tax abatement program; and 3 . Twenty-five percent (25%) of a taxpayer' s liability for municipal purposes in the third year of said tax abatement program. Upon passage of this ordinance by the Common Council and approval by the Mayor, the City Clerk shall transmit a certified copy of this ordinance to the St . Joseph County Auditor to prepare for implementation of said tax abatement program. The City Attorney shall thereafter certify the effective date to the Common Council and St . Joseph County Auditor so that the Auditor may implement said tax abatement program. SECTION V. That the boundaries of the City of South Bend, Indiana, shall be and hereby are declared to be extended so as to include all of the above-described real estate as a part of the City of South Bend, Indiana. SECTION VI . That the above-described area shall be and hereby is assigned to the Fourth Councilmanic District of the City of South Bend, Indiana. SECTION VII . This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and proper legal publication. Member, South Bend Commo Council Filed in Clerk's Office 1st READING g--96 p PUBLIC HEARING S--/2—96 J U L 2 3 1996 3rd READING Fc-°°12- (o NOT APPROVED LORETTA REFERRED 1TY CLERK V 3 WI D, �j PASSED A .-,�', ,96, COMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee to whom was referred BILL NO. 52-96 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA (IRONWOOD NORTH ANNEXATION) Respectfully report that they have examined the matter and that in their opinion this bill has been recommended to the Council favorably as amended by substitution. Cleo Washington Chairman .0. THE- ' O 4%.\"•-- City of South.Bend iu - Joseph E.Kernan,Mayor . 186 ''••/ Department of Law Richard A. Nussbaum, II Jenny Pitts Manier City Attorney Chief Assistant City Attorney July 23, 1996 Mr. Roland Kelly, President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Annexing to the City of South Bend Certain Territory Contiguous Therewith Located in Clay Township, St. Joseph County, Indiana (Ironwood North Annexation) Dear Mr. Kelly: I am attaching for filing a substitute version of the above- ref erenced Ordinance. The substitute bill includes the addition of a new Section IV, providing a program of tax abatement within the area proposed to be annexed. Please call if you have questions. Sincerely, enny Pitts M nier hie" Assistant City Attorney JPM/jl Attachment Filed in Clerk's Office JUL 231996 LORETTA J. DUDA CITY CLERK,SO.BEND,IN. 1400 County-City Building•South Bend,Indiana 46601 •219/235-9241 •TDD 219/235-5567 Thomas L. Bodnar Anne E. Bruneel Aladean M. DeRose Jeffrey M.Jankowski Robert C. Rosenfeld Ann-Carol Simons sot]TII8; , �/ 11 City of South Bend Joseph E.Kernan,Mayor x 1865 Office of the Mayor August 13, 1996 Mr. Roland Kelly President South Bend Common Council 4th Floor, County-City Building South Bend, IN 46601 Re: ORDINANCE NO. 8702-96: AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CLAY TOWNSHIP, ST. JOSEPH COUNTY INDIANA (IRONWOOD NORTH ANNEXATION) RESOLUTION 2391-96: 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 CLAY TOWNSHIP Dear Mr. Kelly, I have been advised by the City Attorney that an error of a technical nature exists in the legal description of the territory proposed for annexation under the above-referenced Ordinance. The legal description does not include all public right-of-way contiguous to the territory proposed for annexation, as is required by Indiana law for any annexations occurring after June 30, 1996. Therefore, I advise you that I respectfully decline to approve the above-referenced Ordinance and Resolution. I understand it was the intent of the Council that all right-of-way contiguous to the territory proposed for annexation by Ordinance No. 8702-96 be included within the described territory. I support the Council ' s intended action and would support this annexation if the Council were to make the necessary modifications to the Ordinance and Resolution and present the same to me for my approval. County-City Building •South Bend,Indiana 46601 •219/235-9261 •Telefax 219/235-9892 Jack Reed James R.Caldwell Mary Downes Administrative Assistant Administrative Assistant for Neighborhoods Administrative Assistant for Youth&Education Mr. Roland Kelly President, Common Council August 14, 1996 Page Two I look forward to an opportunity to lend my support to the Council on this matter. Sincerely, oe Kernan