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HomeMy WebLinkAboutFiscal Plan for Kendall Weiss, LLP Annexation Area in Centre TownshipAttest: RESOLUTION 3571 -06 Passed by the Common Council of the City of South Bend, Indiana March 27, .. 20 06. Presented by me to the Mayor of the City of South Bend, Indiana March 28, Approved and signed by me r2 M City Clerk President of Common Council 20 06 . City Clerk 0 RESOLUTION NO. 3 S ? I - 0 . 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 CENTRE TOWNSHIP (KENDALL WEISS, LLP ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution, and; WHEREAS, the territory proposed to be annexed encompasses approximately 69.94 acres of vacant, unimproved land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 18% contiguous, generally located adjacent to and west of the current Lafayette Falls residential development. It is anticipated that the annexation area will be developed as a residential subdivision. Such residential use 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, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; 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, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, 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 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, or population density; (5) that the 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 the 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; 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, and the Board of Public Safety of the City of South Bend, have each approved a written fiscal plan and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. 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 German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A PART OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 3, A DISTANCE OF 1000.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00 DEGREES 16 MINUTES 41 SECONDS WEST ALONG THE EAST LINE OF SAID SECTION 3, A DISTANCE OF 2315.87 FEET; THENCE NORTH 88 DEGREES 53 MINUTES 03 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 1373.03 FEET TO THE CENTER LINE OF PENN CENTRAL RAILROAD RIGHT -OF -WAY (ABANDONED); THENCE NORTH 00 DEGREES 22 MINUTES 51 SECONDS EAST ALONG SAID CENTERLINE, A DISTANCE OF 2295.34 FEET; THENCE SOUTH 89 DEGREES 46 MINUTES 25 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 3, A DISTANCE OF 1319.76 FEET TO THE POINT OF BEGINNING; SAID DESCRIBED PARCEL CONTAINING 69.911 ACRES, MORE OR LESS; 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 services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, sewage collection, 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 the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, 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, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend shall and does hereby now establish and adopt The Fiscal Plan as set forth in Exhibit "A ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides, among other things, that the public sanitary sewer network is available with capacity sufficient to service this area; that an additional water main line will be needed to service this area as well as the previously annexed Mark J. Halacz Annexation Area as noted in the Halacz annexation report of April 12, 2005; that street lighting and an extended street network will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. As a condition of annexation the Developer should grant a fifteen (15) foot public easement along the entire western length of the Annexation Area. Section V. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. Member, South BendAmmon Council Filed In Clerk's 0111W MAR 2 2 2006 PRESENTED 3 -Li 0 NOT APPROVED ADOPTED TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 06 -27 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 CENTRE TOWNSHIP KENDALL WEISS, LLP ANNEXATION Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Karen L. White Chairman