HomeMy WebLinkAboutFiscal Plan for Waggoner's Dairy Farm Inc Annexation Area in German TownshipAttest:
RESOLUTION
3447 -05
Passed by the Common Council of the City of South Bend, Indiana
April 25,
05
20_.
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 26, 05
20-.
Approved and signed by me April 27, 20 05 .
City Clerk
0
RESOLUTIONNO.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
INDIANA, ADOPTING A WRITTEN FISCAL PLAN AS AMENDED AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN TOWNSHIP
(WAGGONER'S DAIRY FARM, INC. 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 German 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 274.89
acres of land containing one single family residence, which property is at least 12.5% contiguous
to the current City limits, i.e., approximately 18.6% contiguous, generally located at the
southwest and southeast intersection of Adams Road and the St. Joseph Valley Parkway. It is
anticipated that the annexation area will be developed as a Planned Unit Development District,
and it is proposed for rezoning within the City as Planned Unit Development District ( "PUD ")
upon incorporation into the City limits and Common Council approval. This 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, 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 the written fiscal plan as amended
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 NORTH HALF OF SECTION 17 AND SECTION 18,
TOWNSHIP 38 NORTH, RANGE 2 EAST AND A PART OF FRACTIONAL
SECTION 7 AND FRACTIONAL SECTION 8, TOWNSHIP 38 NORTH,
RANGE 2 EAST, ALL IN GERMAN TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 12 IN CHEROKEE
GARDENS SUBDIVISION RECORDED IN PLAT BOOK 16, PAGE C -2, IN
THE OFFICE OF RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 0
DEGREES 14 MINUTES 27 SECONDS EAST PARALLEL WITH THE EAST
LINE OF THE NORTHWEST QUARTER OF SAID SECTION 17, A
DISTANCE OF 1370.15 FEET TO THE SOUTHWEST CORNER OF LOT 3 IN
CHURCH'S MINOR SUBDIVISION, RECORDED UNDER INSTRUMENT
NUMBER 0038244 IN SAID OFFICE OF RECORDER; THENCE NORTH 89
DEGREES 50 MINUTES 53 SECONDS WEST ALONG THE SOUTH LINE
OF SAID CHURCH'S MINOR SUBDIVISION, PROJECTED, A DISTANCE
OF 20.00 FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS
EAST PARALLEL WITH SAID EAST LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 531.84 FEET TO A POINT ON THE NORTH
LINE OF J. LIGHTNER MINOR SUBDIVISION, RECORDED UNDER
INSTRUMENT NUMBER 9620477; THENCE SOUTH 89 DEGREES 52
MINUTES 17 SECONDS EAST ALONG THE NORTH LINE OF SAID J.
LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00 FEET TO THE
NORTHWEST CORNER OF LOT 1 IN SAID J. LIGHTNER MINOR
SUBDIVISION; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS
EAST PARALLEL WITH THE EAST LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 133.00 FEET TO THE SOUTHWEST CORNER
OF SAID LOT 1 IN J. LIGHTNER MINOR SUBDIVISION; THENCE NORTH
89 DEGREES 52 MINUTES 17 SECONDS WEST ALONG THE SOUTH LINE
OF SAID J. LIGHTNER MINOR SUBDIVISION, A DISTANCE OF 20.00
FEET; THENCE SOUTH 0 DEGREES 14 MINUTES 27 SECONDS EAST
PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 665.38 FEET TO THE SOUTH LINE OF SAID NORTHWEST
QUARTER, PROJECTED; THENCE NORTH 89 DEGREES 57 MINUTES 13
SECONDS WEST ALONG THE SOUTH LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 2624.21 FEET TO THE SOUTHWEST
CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 89
DEGREES 53 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF
1550.70 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE ST.
JOSEPH VALLEY PARKWAY; THENCE NORTH 24 DEGREES 26
MINUTES 22 SECONDS EAST ALONG SAID WESTERLY RIGHT -OF -WAY
LINE, A DISTANCE OF 28.99 FEET; THENCE NORTH 17 DEGREES 36
MINUTES 26 SECONDS EAST ALONG SAID WESTERLY RIGHT -OF -WAY
LINE AND THE EAST BOUNDARY OF ROLLING OAKS COUNTRY
ESTATES, SECTION FIVE AS RECORDED UNDER INSTRUMENT
NUMBER 8020539 IN THE OFFICE OF SAID RECORDER, A DISTANCE
OF 725.74 FEET; THENCE NORTH 00 DEGREES 06 MINUTES 46
SECONDS EAST CONTINUING ALONG SAID EAST BOUNDARY, A
DISTANCE OF 86.13 FEET TO THE SOUTHEAST CORNER OF LOT 1 IN
ROLLING OAKS COUNTRY ESTATE MINOR SUBDIVISION AS
RECORDED UNDER INSTRUMENT NUMBER 9505754 IN THE OFFICE OF
SAID RECORDER; THENCE CONTINUING NORTH 00 DEGREES 06
MINUTES 46 SECONDS EAST, A DISTANCE OF 526.46 FEET TO THE
NORTHEAST CORNER OF SAID LOT 1, LYING ON THE SOUTH LINE OF
THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION
18; THENCE NORTH 89 DEGREES 53 MINUTES 14 SECONDS WEST
ALONG SAID SOUTH LINE, A DISTANCE OF 854.23 FEET TO THE
SOUTHEAST CORNER OF LOT 4 IN KERTES' MINOR SUBDIVISION AS
RECORDED IN PLAT BOOK 23, PAGE K -4 IN THE OFFICE OF SAID
RECORDER; THENCE NORTH 00 DEGREES 00 MINUTES 57 SECONDS
EAST ALONG THE EAST BOUNDARY OF SAID KERTES' MINOR
SUBDIVISION AND THE EAST BOUNDARY OF A PARCEL DESCRIBED
UNDER A WARRANTY DEED AS RECORDED IN BOOK 637 PAGE 434 IN
THE OFFICE OF SAID RECORDER, A DISTANCE OF 1351.13 FEET TO
THE NORTH RIGHT -OF -WAY LINE OF ADAMS ROAD; THENCE SOUTH
89 DEGREES 52 MINUTES 58 SECONDS EAST ALONG SAID NORTH
RIGHT -OF -WAY LINE AND PARALLEL WITH THE NORTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 18, A DISTANCE OF 639.23
FEET TO A POINT ON A RIGHT -OF -WAY TAKING FOR THE ST. JOSEPH
VALLEY PARKWAY; THENCE THE NEXT 3 CALLS ALL ALONG SAID
RIGHT -OF -WAY TAKE: 1) NORTH 83 DEGREES 34 MINUTES 45
SECONDS EAST, A DISTANCE OF 873.21 FEET, 2) SOUTH 87 DEGREES
55 MINUTES 00 SECONDS EAST, A DISTANCE OF 336.27 FEET, 3)
SOUTH 84 DEGREES 29 MINUTES 13 SECONDS EAST, A DISTANCE OF
930.73 FEET TO THE NORTH RIGHT -OF -WAY LINE OF ADAMS ROAD;
THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST
PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 17, A DISTANCE OF 190.73 FEET; THENCE NORTH 0
DEGREES 04 MINUTES 57 SECONDS EAST, A DISTANCE OF 20.00 FEET
TO THE SOUTHWEST CORNER OF LOT 1 IN CHEROKEE GARDENS
SUBDIVISION, RECORDED IN PLAT BOOK 16, PAGE C -2, IN THE OFFICE
OF RECORDER OF ST. JOSEPH COUNTY; THENCE SOUTH 89 DEGREES
55 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID
CHEROKEE GARDENS SUBDIVISION EXTENDED, AND PARALLEL
WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, A DISTANCE
OF 1844.50 FEET TO THE POINT OF BEGINNING.
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 fiunish 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 amended and 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 an existing water main line should be sufficient to
service this area; that adequate sewer service is presently available with upgrade of the lift
station and some sections of the sewer main; that street lighting will be provided; that new public
streets will be required to access the lots proposed for development with costs to be paid by the
developer; and that the developer will pay the costs of an approved drainage plan which will be
required in the annexation area.
Section IV. 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 Bend Co on Council
Attest:
"I � C-4A
N1
Presented by me to the Mayor of the City of South Bend, Indiana on the Z b'1 day
of
A 2 00�, at `�` �� o'clock . m.
City Cler
Approved and signed by me on the ZC day of 2"i—, at
o'clock -. m.
PRESENTED.
NOT APPROVED
ADOPTED
Mayor, &Aty of South Bend, In Tana
Filed In Clerk's Office
EARN 2 0 2005
JOHN VOORDE
CRY CLERK, SO. BEND, IN,
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
05 -46 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL
PLAN AS AMENDED AND ESTABLISHING A POLICY FOR
THE PROVISION OF SERVICES TO AN ANNEXATION AREA
IN GERMAN TOWNSHIP (WAGGONER'S DAIRY FARM, INC.
ANNEXATION AREA
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.
Roland Kelly
Chairman