HomeMy WebLinkAboutFiscal Plan for Alway Development Corporation Annexation Area in Penn TownshipAttest:
RESOLUTION
3339 -04
Passed by the Common Council of the City of South Bend, Indiana
June 14,
zo 04
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
June 15,
Approved and signed by me
N
20 04 .
City Clerk
RESOLUTION NO. 3331_0q
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
PENN TOWNSHIP
(ALWAY DEVELOPMENT CORPORATION ANNEXATION AREA)
WHEREAS, there is pending before the Common Council of the City of South Bend,
Indiana, an Ordinance which proposes the annexation of real estate located in Penn 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 36.82 acres
of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e.,
approximately 50% contiguous, generally located east of Ironwood Road, east of and immediately
adjacent to the Stonehedge Development. This annexation territory is intended for development as
a single family home subdivision, and 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
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 real property located in Penn Township, St. Joseph County, Indiana, described more
particularly as follows, be annexed to the City of South Bend:
A PART OF THE WEST HALF OF SECTION 32, TOWNSHIP 37 NORTH,
RANGE 3 EAST, PENN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 32;
THENCE NORTH 00 DEGREES 06 MINUTES 14 SECONDS EAST, ALONG
THE WEST LINE OF SAID SECTION, A DISTANCE OF 2027.09 FEET TO THE
SOUTHWEST CORNER OF STONEHEDGE SUBDIVISION, SECTION ONE AS
RECORDED UNDER INSTRUMENT NUMBER 8721016 IN THE OFFICE OF
THE RECORDER OF ST. JOSEPH COUNTY, ALSO BEING THE SOUTHWEST
CORNER OF WARRANTY DEED 9446169, RECORDED IN SAID OFFICE OF
RECORDER; THENCE SOUTH 89 DEGREES 45 MINUTES 20 SECONDS
EAST, ALONG THE SOUTH LINE OF SAID WARRANTY DEED, A DISTANCE
OF 1458.52 FEET TO THE SOUTHEAST CORNER OF LOT NUMBER 30 AS
SHOWN ON THE PLAT OF STONEHEDGE SUBDIVISION, SECTION THREE,
PART ONE AS RECORDED UNDER INSTRUMENT NUMBER 9352210 IN
SAID OFFICE OF RECORDER, SAID POINT ALSO BEING THE POINT OF
BEGINNING; THENCE THE NEXT FIVE CALLS ALONG THE EASTERN
BOUNDARY OF SAID STONEHEDGE SUBDIVISION; 1) THENCE NORTH 00
DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF 502.09 FEET;
2) THENCE NORTH 11 DEGREES 33 MINUTES 05 SECONDS EAST, A
DISTANCE OF 112.25 FEET; 3) THENCE NORTH 00 DEGREES 03 MINUTES
20 SECONDS EAST, A DISTANCE OF 30.00 FEET; 4) THENCE NORTH 14
DEGREES 10 MINUTES 39 SECONDS EAST, A DISTANCE OF 164.31 FEET;
5) THENCE NORTH 80 DEGREES 52 MINUTES 52 SECONDS WEST, A
DISTANCE OF 299.96 FEET; THENCE NORTH 14 DEGREES 10 MINUTES 39
SECONDS EAST, ALONG A PART OF STONEHEDGE ESTATES, SECTION
FIVE AS RECORED UNDER INSTRUMENT NUMBER 9400688 IN SAID
OFFICE OF RECORDER, A DISTANCE OF 40.16 FEET; THENCE ALONG
LOTS 12, 11 AND 10 RESPECTIVELY, AS SHOWN ON THE PLAT OF
STONEHEDGE ESTATES, SECTION THREE, PART TWO AS RECORDED
UNDER INSTRUMENT NUMBER 9516217 IN SAID OFFICE OF RECORDER,
NORTH 20 DEGREES 13 MINUTES 49 SECONDS EAST, A DISTANCE OF
87.41 FEET; THENCENORTH 00 DEGREES 14 MINUTES 40 SECONDS EAST,
A DISTANCE OF 318.46 FEET TO A POINT ON THE NORTH LINE OF SAID
WARRANTY DEED; THENCE SOUTH 89 DEGREES 45 MINUTES 20
SECONDS EAST, A DISTANCE OF 1376.16 FEET TO THE NORTH -SOUTH
CENTERLINE OF SAID SECTION 32, ALSO BEING NORTH 89 DEGREES 36
MINUTES 13 SECONDS WEST, A DISTANCE OF 2642.38 FEET, AND SOUTH
00 DEGREES 08 MINUTES 54 SECONDS WEST, A DISTANCE OF 1987.33
FEET FROM THE NORTHEAST CORNER OF SAID SECTION 32; THENCE
ALONG SAID NORTH -SOUTH CENTERLINE SOUTH 00 DEGREES 14
MINUTES 48 SECONDS WEST, A DISTANCE OF 1287.49 FEET TO THE
SOUTHEAST CORNER OF SAID WARRANTY DEED; THENCE NORTH 89
DEGREES 45 MINUTES 20 SECONDS WEST, A DISTANCE OF 1179.11 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 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, and a storm water system, 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 there will be cost sharing between the City and the owner for construction
and installation of various public works within 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.
u.4J41 4ZI
Member, South Bend C mmon Council
PRESENTED � _ l 0�
NOT APPROVED f
ADOPTED _k�-o q
Filed In Clerk's Office
mAY 2 8 20"4
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
04 -60 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 PENN TOWNSHIP, ALWAY DEVELOPMENT
CORPORATION 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.
Sean Coleman
Chairman