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HomeMy WebLinkAboutAnnexing Cleveland, Maple and East West Toll RoadPassed by the Common Council of the City of South Bend, Indiana_ Attest: t !/ IRENE K. GAMMON Presented by me to the Mayor of the City of South Bend, Indiana • : .:• City Clerk Of Common Council City Clerk IRENE K. GAMMON Approved and signed by me 0 C �— Iq t d ORDINANCE NO. (,n g" - R-0 AN ORDINANCE ANNEXING TO THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THERETO STATEMENT OF PURPOSE AND INTENT: The territory sought to be annexed by the City of South Bend is bordered in an excess of one - fourth (1/4) of its aggregate external boundaries by the boundaries of the City of South Bend, and is needed and can be used by the City for its future develop- ment in the reasonably near future. The City of South Bend, acting by and through its Board of Public Works, Board of Public Safety and the Water Works Commissioners of the City of South Bend, has established by Resolution a fiscal plan and established a definite policy showing: (1) the cost estimates of planned services to be furnished to the territory to be annexed; (2) the methods of financing the planned services; (3) the plan for the organiza- tion and extension of the services; (4) the furnishing of servi- ces of a non - capital nature including police protection, fire pro- tection and street and road maintenance to the territory within one year from the effective date of annexation, which services will be in a manner equivalent in standard and scope to those non - capital services provided to areas within the City of South Bend which have similar topography, patterns of land utilization and population density; (5) services of a capital improvement nature including sewer facilities, water facilities, and storm water drainage facilities to be provided to the territory within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the City of South Bend, which have similar topography, patterns of land utili- zation and population density, and in a manner consistent with federal, state and local office procedures and planning criteria; (6) the showing that no jobs of employees of other governmental entities will be eliminated by the proposed annexation. It is the intent and purpose of this Ordinance to hereby adopt, confirm, and incorporate herein the said Resolutions of the Board of Public Works, Board of Public Safety and Water Works Commissioners as such plan and policy of the City of South Bend. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION I. The Resolutions of the Board of Public Works, Board of Public Safety and Water Works Commissioners of the City of South Bend developing a fiscal plan and establishing a definite policy for the furnishing of services of a non - capital and capital improvement nature to the territory are hereby adopted and approved and are incorporated herein, made a part hereof and marked Exhibits A, B, and C respectively. SECTION II. The territory located in St. Joseph County, Indiana, being contiguous to the present boundaries of the City of South Bend, State of Indiana, is hereby annexed to the City of South Bend, which territory is described in the attached exhibit, incorporated herein, made a part hereof, and marked Exhibit D. SECTION III. from and after its lication. Io 2nd P Ui ! �iC Ic <;RNG 10 �%_� NOT APPROVED REFERRED PASSED This Ordinance shall be in full force and effect enactment, approval by the Mayor and legal pub- Member of the Common Council TILED !D CLERTS OFFICE OCT B 1980 Irene Gammon CITY CLERK, SOUTH BEND, IND. Richard L. Hill City Attorney Robert M. Parker Chief Deputy Thomas Bodnar Roland Chamblee Terry Crone Gregory D. Loughridge James A. Masters Kathleen Skiba CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 October 3, 1980 219/284 -9241 South Bend Common Council Council Chambers, 4th Floor County -City Building South Bend, Indiana 46601 Dear Council Members: The City of South Bend proposes an annexation of an approximate 9.64 acre tract lying northwest of the city and adjacent to property recently annexed in 1979. This tract is bordered on the west by Maple Road and on the south by the Indiana East -West Toll Road. Request for this annexation came from the St. Joseph Bank and Trust Company of South Bend which proposes to build a branch banking facility on the site. The bank is the owner of all of the usable land involved in the tract, the entire acreage being greater than the building site because of in- clusion of Cleveland Road and Toll Road rights -of -way. The annexation is proposed as an involuntary rather than volun- tary because of the inclusion of these rights -of -way in order to furnish the necessary contiguity. By the time public hearing is had on this proposed annexa- tion, Resolutions will have been adopted by the Boards of Works, Safety and Water Works Commissioners setting forth the manner of furnishing the required municipal services to the area. Copies of these Resolutions are attached to the proposed Ordinance. It should be noted that no additional expense will be incurred thereby to the city. The fire sta- tion erected in the immediate vicinity of this tract uses a well for its water supply and it will not be feasible in the near future to extend water supply to this territory consider- ing the size of tract and the uses to which it will be put. RMP:az Att. Very truly yours, £� erf Y er Chief Deputy City Attorney "EXHIBIT A" RESOLUTION NO. WHEREAS the.City of South Bend desires to annex to the City, certain territory described in the attached exhibit incor- porated herein, made a part hereof, and marked Exhibit A; and WHEREAS, the Board of Public Works now desires to develop a fiscal plan and establish a definite policy showing: (1) the cost estimates of planned services to be furnished to the terri tory to be annexed; (2) the methods of financing the planned services; (3) the plan for the organization and extension of the services; (4) the furnishing of services of a non - capital nature including street and road maintenance, trash and garbage collection within one year from the effective date of the annexation and which services will be provided in a manner which is equivalent in stan- dard and scope to those non - capital services provided to areas within the annexing city which have similar topography, patterns of land utilization and population density; (5) the furnishing of services of a capital improvement nature, including sewer faci- lities within three years from the effective date of the annexa- tion in the same manner as those services are provided to areas within the annexing city which have similar topography., patterns of land utilization and population density; and in a manner con- sistent with federal, state and local laws, procedures and plan- ning criteria; (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana; SECTION I. It is now declared and established that it is the plan and policy of the City of South Bend: (a) to furnish the territory to be annexed within a period of one year from the effective date of the annexation, street and road maintenance and garbage and trash collection, which services are normally provided within the City of South Bend and will be furnished in a manner which is equivalent in standard and scope to those non - capital services provided.to areas within the City which have similar topography, patterns of land utilization and population density, and, (b) the furnishing of services of a capital improvement nature, including sewer facilities, when required by the occupants of the territory in the same manner as those.services are provided to areas within the annexing city which have similar topography, pattern of land utilization and population density, and in a manner consistent with federal, state and local laws, procedures and _planning criteria. SECTION II. Mai=ntenance of ro be annexed would be commenced within effective date of the annexation and additional cost to the City of South the existing annual operating budget the City. ads within the territory to sixty (60) days.of the would be accomplished at no Bend and would be covered by of the Street Department of SECTION II.I. Trash and garbage collection could be made available to the area on a monthly fee per residential family and is currently furnished as a self - supporting municipal service. Such service could be available upon demand by residents of the area without additional expense to the City. SECTION IV. Existing sanitary sewer service is in place in Cleveland Road adjacent to the territory to be annexed, and is immediately available to service the territory without additional expenditures on the part of the City of South Bend. SECTION V. The Board finds that no storm and water drainage problems exist within the territory to be annexed and none are likely to arise within the foreseeable future. SECTION VI. The Board finds there will be no employees of other governmental entities whose jobs will be eliminated by the proposed annexation. Adopted this day of 1980. BOARD OF PUBLIC WORKS of the City of South Bend, Indiana Patrick 14. McMahon Richard L. Hill Joseph E. Kernan Attest: Barbara J. Byers, Clerk - 2 - 4 "EXHIBIT B" RESOLUTION NO. WHEREAS, the City of South Bend desires to annex to the City, certain territory described in the attached exhibit incor- porated herein, made a part hereof, and marked Exhibit A; and WHEREAS, the Board of Public Safety now desires to adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of planned services to be furnished to the terri- tory to.be annexed; (2) the methods of financing the planned services; (3) the plan for the organization and extension of the services; (4) the furnishing of services of a non - capital nature including police protection and fire protection which are services normally provided within the City of South Bend and will be fur- nished to the territory in a manner whichis equivalent in standard and scope to the police and.fire protection provided to.areas within the City of South Bend which have similar topography, patterns of land utilization and population density; (5) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Safety of the City of South.Bend, Indiana: SECTION I. It is now declared and established that it is the plan and policy of the City of South Bend to furnish the terri- tory to be annexed within a period of one year from the effective date of the annexation services of a non - capital nature including police protection and fire protection which are normally provided within the City of South Bend and will be furnished in a manner which is equivalent in standard and scope to those non- capital services provided to areas within the City which have similar topo- graphy, patterns of land utilization and population density. SECTION II. Police and fire protection will be furnished immediately upon the effective date of annexation. The territory is capable of being served by the existing police manpower and equipment and fire.manpower and equipment of the City and no addi- tional expenditures of money are necessary to serve the territory. SECTION III. The Board finds th, police or fire protection and employed will be affected by the annexation and SECTION IV. The territory to be attached Exhibit A, can be used by the ment.in the reasonably near future. at no employees engaged in at other governmental units no jobs will be eliminated. annexed, described in City for its future develop- Adopted this day of 1980. BOARD OF PUBLIC SAFETY of the City of South Bend, Indiana Charles Roemer. Elmer L. Carr Stanley M. Przybylinski Attest: Michaelene Wojcik, Clerk "EXHIBIT C" RESOLUTION NO. WHEREAS., the City of South Bend desires to annex to the City, certain territory described in the attached exhibit incor- porated herein, made a part hereof, and marked Exhibit A; and WHEREAS, it appears that there is water service in the immediate proximity to the territory to be annexed, but such water line is separated from the territory by the Indiana East -West. Toll Road; and other water service lines in the area are at a more remote distance to the territory; and it appears that there will be for the foreseeable future no residential users and only one commercial user of the territory; and, WHEREAS, it further appears that the City would not within its existing boundaries, taking into consideration areas of simi- lar topography, patterns of land utilization, and population den- sity, extend water service to such area.. NOW, THEREFORE, BE IT RESOLVED by the.Board of Water Works Commissioners of the City of South Bend, Indiana: SECTION I. The Board now having considered the factors of the remoteness of existing City water supply and the cost of extending such services, the small geographical area involved in the territory to be annexed, the fact of no existing residential , usage of the territory and the limited commercial use to which the territory will be put within the foreseeable future, the feasibility of wells as a source of water supply in the territory, and the existence of an enclosed sanitary sewer system serving the area to aid in insuring a safe water supply, the Board now determines that it is not necessary nor economically feasible for the City to extend its water service to the territory to be annexed. Adopted this day of 1980. BOARD OF WATER WORKS COMMISSIONERS of the City of South Bend, Indiana Patrick M. McMahon Joseph E. Kernan Richard L. Hill Attest: Michaelene Wojcik, Clerk "EXHIBIT D" LEGAL, DESCRIPTION OF TIIE ANNEXATION AREA i eqinninq- at a point oil the south right-of-way 1`1ne of the. Indiana L East-t.'est Toll Road, said point being the intersection of the East line of the N111 1/4 of the N111 1/4 of Section 27, T38N, R2E, and said south right -of -gray line of the 'loll Road; thence northerly along he north right - of-way east line to a point where this line intersects L of-way line of the Indiana East-Ilest Toll Road; thence westerly along said north right-of-way line to a point where the rjorth right- of-way line intersects the south section line of the S!'1 114 of -the S1v! 1/4 of Section 22, T38M, RK'; thence east along said south section line to the SE corner of the SVJ 1/4 of the SW 114 of Section 22, T38N, R2E; thence northerly along the east line of the SIv! 1/4 of tic <1•! 1/1 of Section 22, T38N, R2E, to a point where this line intersects the southeasterly right -of -way line of t'aple Road; thence S .Southv,resterly along said southeasterly right-of-v;ay line of Maple Road to a ooin-t, where this right-of-way line meets the existing City Limits; thence continuing southvrestrrly along the P--fisting City Limits line to the south right-of-way line of the Indiana East- Vest Toll Road; thence easterly along said south line to the point of beginning. Containing 9.6 acres niore or less, and subject to all existing rublic rights -of -way. U Coe r � to _ %a CT t _ b4 n s 9 1 r - i •\ \ ..- . \\rr 1 rl ��s/ \ \ ✓ F C 0 K r.i 41 .� oe l AW v TommUttr Airport 130 #4t (lOwn n CIOltt U Of Ot M41 of Oam# JiPttd: Your Committee of the Whole to whom was referred A BILL annexing to the City of South Bend certain territory contiguous thereto. Respectfully - report that they have examined the matter and that in their opinion This bill should be recommended to the Council favorable Walter M. Szymkowiak Chairman FREE PRESS PUBLISHING Co.