HomeMy WebLinkAboutAnnexing certain Territory contiguous therewith Brick & Cleveland ORDINANCE No. 8242-92
Passed by the Common Council of the City of South Bend, Indiana.
February 10 , 1992
Attest: City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
February 11 ig 92
-•✓
City i Clerk
IRENE K. GAMMON
Approved and signed by me /4. 19 ca
• Mayor
ORDINANCE NO. Q OA4,Z- 9a.
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF
SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH
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 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-eighth
(1/8) 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:
Two Parcels located. in Section 21, Township 38 North, Range
2 East, St. Joseph County, Indiana described as Lots. 4 and
5, Toll Road Industrial Park, Section 3; Lot 6 Toll Road
Industrial Park Section 4; Lots 14 and 15 Toll Road
Industrial Park, Section 6; and that part of Lot 18B.
Gainey' s Replat of Lot 20, Section 1 and Lot 18, Section 6,
Toll Road. Industrial Park, located north of a line described.
as: Beginning at the southeast corner of Lot 17 of Toll
Road Industrial Park, Section 6; thence N 88°53 ' 36" east
930.91 feet, parallel to the north lot line of said Lot 18B,
to the east lot line of said Lot 18B, also being the east.
line of said. Section 21.
SECTION II . 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 III. 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.
Merttd end Common Council
BRICK
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O
r\ ' CITY OF SOUTH BEND
V/71 AREA PROPOSED TO BE ANNEXED
4 ,
Prepared By
ST. JOSEPH COUNTY o 1 0 soo 1 oao
AREA PLAN COMMISSION — _Graphic Scale
DECEMBER 1 991
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TOLL ROAD INDUSTRIAL PARK ANNEXATION
LEGAL DESCRIPTION
Two Parcels located in Section 21, Township 38 North, Range 2 East,
St. Joseph County, Indiana described as Lots 4 and 5, Toll Road
Industrial Park, Section 3 ; Lot 6 Toll Road Industrial Park Section
4; Lots 14 and 15 Toll Road Industrial Park, Section 6; and that
part of Lot 18B Gainey' s Replat of Lot 20, Section 1 and Lot 18,
Section 6, Toll Road Industrial Park, located north of a line
described as :
Beginning at the southeast corner of Lot 17 of Toll
Road Industrial Park, Section 6; thence N 88° -53 ' -36"
east 930 .91 feet, parallel to the north lot line of
said Lot 18B, to the east lot line of said Lot 18B,
also being the east line of said Section 21.
RESOLUTION NO. 19 18-"\
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 located to the
southwest of the intersection of Brick Road with Portage Road, within
the Northeast Quarter of Section 21, Township 38 North, Range 3 East,
German Township, and is proposed to be developed as an industrial
park, 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 T_ That it is in the hest interest of the City of South
r• bow .
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 1
p �D• — day of ,�,���i , 1992 .
Member, C•Ton Council
•
ATTACHMENT "B"
CITY OF SOUTH BEND, INDIANA
FISCAL PLAN FOR THE
ANNEXATION OF PROPERTY LOCATED IN GERMAN TOWNSHIP
TOLL ROAD INDUSTRIAL PARK
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 Parks
represents the City's policy for the annexation of the property
located on the north side of New Cleveland Road in the Toll Road
Industrial Park in German Township, St. Joseph County (hereinafter,
"Annexation Area") .
I. LOCATION
The Annexation Area is located on the north side of the City of
South Bend in part of the Northeast Quarter of Section 21, Township
38 North, Range 2 East, German Township. The Legal Description for
the Annexation Area, marked as Exhibit 1, is attached hereto and
made a part of this fiscal plan. A map showing the Annexation
Area, marked as Exhibit 2, is attached to this fiscal plan. There
are approximately 46.52 acres of land within the Annexation Area.
II. STATE LAW REQUIREMENTS
This annexation meets the State law requirements pursuant to
Indiana Code 36-4-3 and 36-4-3-13.
The annexation area is at least 1/8 (12.5%) contiguous to the
present city limits. Over 4,930 feet of the annexation area is
contiguous to the city limits, representing approximately 58.83%
contiguity.
Also pursuant to State law, the annexation area is at least 60%
subdivided and is zoned for industrial uses. 100% of the
annexation area is subdivided and the entirety is zoned for
industrial uses.
III. EXISTING LAND USE
The Annexation Area currently consists of vacant, subdivided land.
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IV. EXISTING ZONING
The Annexation Area is currently zoned "M" Manufacturing in the
County.
V. PROPOSED DEVELOPMENT
The Airport 2010 plan designates the Annexation Area for light
industrial and warehouse/distribution uses. Development within the
Annexation Area will be similar to the existing light industrial
and warehouse/distribution uses in the area.
All surface drainage is to be handled in compliance with the City
of South Bend's Subdivision Standards. Individual developers and
businesses will be responsible for infrastructure improvements that
are directly related to individual site development. Streets,
street lighting, water, sewers and stormwater drainage facilities
not currently in place are to be installed in conjunction with the
Airport 2010 project.
VI. PROVISION OF CITY SERVICES
A. Public Works
The Toll Road Industrial Park is still under development. Street,
water and sanitary sewer improvements still need to be completed.
The City will be installing these improvements. The cost of
providing the remainder of the street, water and sewer
infrastructure is $203,000. Funding for the improvements will be
provided through the Airport 2010 project and accomplished within
the designated time period.
Existing and proposed streets represent less than one percent (1%)
of the city's road system, and can easily be maintained with
existing personnel and equipment without additional expenditure of
City funds.
B. Police Protection
The Annexation Area is adjacent to Beat 22. Police officials
anticipate that the light industrial uses that will locate in the
Area will place an increased need for crime prevention patrols.
Additional police units needed to meet the expanding demands for
service in the northwest areas of the city will provide the
necessary coverage.
A portion of a new beat equal to 20% of a complete beat will need
to be created to provide adequate service. At 4.5 officers per
beat, additional police support services and automotive costs, the
additional total yearly costs to the City is expected to be
2 -
approximately $27,721.50. Police officials note that the
additional manpower and beat allocation will need to be in place
with the construction phase of the project to deter thefts of
building materials and tools, and to provide emergency response for
medical and police matters to the crews involved in construction.
Police patrols, traffic enforcement, and emergency responses will
be a part of the services the City will offer to the Annexation
Area. The nature of the project and the location will require the
addition of a new beat to meet the needs of this area as well as
other recently annexed properties. No unusual problems are
anticipated with the annexation of this area into the City. Police
protection will be furnished to the Annexation Area within one (1)
year after the effective date of the annexation.
C. Fire Protection
The Annexation Area is located approximately 1. 0 mile from South
Bend Fire Department Station Number 11 at 3505 N. Bendix Drive.
Additional Fire Department units will respond fron Station Number 7
located at 1616 Portage Avenue located approximately 3.0 miles from
the Annexation Area.
Response times will be comparable to other areas of the City. No
additional equipment will need to be purchased or personnel hired
to provide fire protection to the Annexation Area.
D. • Neighborhood Code Enforcement
The Department of Neighborhood Code Enforcement can provide code
enforcement services without any additional expense over the
present budget.
E. Public Parks
There are adequate park facilities in the Northwest portion of the
City which can be utilized by the residents of the Annexation
Area. Parks and facilities that are close to the Annexation Area
are: Boland Park, which has playground equipment, picnic tables,
lighted tennis courts and a lighted baseball diamond; Voorde Park
which has a baseball diamond, picnic tables and playground
equipment; Kennedy Park which has picnic tables, tennis courts and
playground equipment; and River Manor Park which has tennis courts,
playground equipment and picnic tables.
No additional personnel or equipment will be needed to provide
adequate services to the Annexation Area.
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F. Other Services
The incorporation of the Annexation Area will not effect the
provision 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 and the
Area Plan Commission are some of the county-wide entities that will
continue to provide the same type and level of services to the
Annexation Area.
VII. HIRING PLAN
This annexation will not result in the elimination of jobs of
employees of another governmental entity.
lm\anxtol1
- 4 -
PETITION FOR VOLUNTARY ANNEXATION
TO: COMMON COUNCIL
CITY OF SOUTH BEND, INDIANA
The undersigned hereby petitions the Common Council of
the City of South Bend, Indiana, to adopt an ordinance annexing
to the City of South Bend, Indiana certain parcels of real estate
situated in St. Joseph County, Indiana, and in support of which
allege and affirm as follows:
1) . It constitutes at least fifty-one percent (51%) of
the owners of land in the territory sought to be annexed and that
it is the owner of at least seventy-five percent (75%) of the
total assessed value for property tax purposes of the land in the
territory sought to be annexed, which territory is more
particularly described on Exhibit "A" hereto, which is
incorporated herein by this reference as if fully set forth in
its entirety (hereinafter "the Parcels") .
2) . The Parcels are located in St. Joseph County,
Indiana, outside of but contiguous to, as defined in
I.C.36-4-3-1.5, the City of South Bend, Indiana.
3) . It desires that the Parcels be annexed to the City
of South Bend, Indiana, by proper ordinance enacted by the Common
Council.
WHEREFORE, the undersigned petitions that the Common
Council of the City of South Bend adopt an ordinance annexing the
Parcels to the City of South Bend, Indiana
qk i_t_ 0,
�. I..
Incustria]. F undation Inc.
By: Joh ` Sc alliol
Ifs: Pre ' nt
ichiana Regional Airport
4477 Terminal Drive
South Bend, IN 46628
I affirm, under the penalties for perjury, that the
foregoing statements are true.
'$5 7 J•hn Schal i •1
rd.7)53'
January 8, 1992
Mr. Stephen Luecke, President
South Bend Common Council
4th Floor, County-City Building
South Bend, Indiana 46601
Re: Petition and Ordinance to Annex Certain. Real Property to the City
of South Bend, Indiana
Dear Mr. Luecke:
I am attaching for filing a petition and ordinance for the
voluntary annexation of certain property to the City of South. Bend,
Indiana. The bulk of the property is owned by the Industrial.
Foundation, Inc. and comprises the. Toll Road Industrial Park.
Your favorable consideration is requested.
Sincerely,
John Schalliol, President
Industrial Foundation, Inc.
JS/prc
Attachment
JPM/L&M4:1LUECKE
Otnmmtttrr Irpnrt
alp ti's atnnanan fdountil of tip taiti of 0mi0 Brad:
Your Committee of the Whole
to whom was referred
BILL NO.
4-92 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH
BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH.
Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Ann Puzzello Chairman
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