HomeMy WebLinkAboutFiscal Plan for The Villas at Lake Blackthorn II Annexation Area in German TownshipAttest:
RESOLUTION
3163 -03
Passed by the Common Council of the City of South Bend, Indiana
February 24,
20 03 .
Presented by me to the Mayor of the City of South Bend, Indiana
February 25, 20 03
City Clerk
President of Common Council
Approved and signed by me February 25, 20 !QD3 .
City Clerk
11c ..
RESOLUTION NO. J' —03
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 GERMAN TOWNSHIP
(THE VILLAS AT LAKE BLACKTHORN II ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation
of real estate located in German Township, St. Joseph County, Indiana, which is described more
particularly at Table 2 on page 13 of Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, the territory proposed to be annexed encompasses approximately 2.81
acres of land containing one (1) house surrounded by vacant land, which property is at least 12.5%
contiguous to the current City limits, i.e., approximately 20.8% contiguous, generally located on the
east side of Orange Road, approximately 700 feet north of Brick Road. This annexation area is
intended to be used as a residential subdivision development. Accordingly, the annexation territory
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 capital improvement nature, including street
and road construction, street lighting, a storm water system, a sanitary sewer system, and a water
distribution 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, 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 four (4) 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; and
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 German Township, St. Joseph County, Indiana, described
more particularly as follows, be annexed to the City of South Bend:
A PART OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 38
NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY,
INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST
QUARTER, SAID POINT BEING MARKED BY A 1 1/2" DIAMETER ROD;
THENCE SOUTH 89 DEGREES 48 MINUTES 51 SECONDS EAST, ALONG
THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF
1490.76 FEET TO A POINT LYING NORTH 89 DEGREES 48 MINUTES 51
SECONDS WEST, A DISTANCE OF 4957.79 FEET FROM A 1" DIAMETER
ROD, 0.3 FEET BELOW GRADE, MARKING THE SOUTHEAST CORNER OF
SAID QUARTER SECTION; THENCE NORTH 0 DEGREES 03 MINUTES 20
SECONDS WEST, A DISTANCE OF 1200.00 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS
WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 20.00 FEET TO THE WEST BOUNDARY OF
ORANGE ROAD (CURRENTLY 20' HALF RIGHT OF WAY); THENCE NORTH
0 DEGREES 03 MINUTES 20 SECONDS WEST, ALONG SAID WEST
BOUNDARY, A DISTANCE OF 121.00 FEET TO A POINT LYING SOUTH 89
DEGREES 48 MINUTES 51 SECONDS EAST, A DISTANCE OF 10.00 FEET
FROM THE SOUTHEAST CORNER OF LOT 1 (ONE) OF SCHAFFER
GREENFIELD MINOR SUBDIVISION, SAID SUBDIVISION RECORDED IN
PLAT BOOK 22, PAGE G -1 IN THE OFFICE OF RECORDER OF SAID
COUNTY; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS WEST,
PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER, A
DISTANCE OF 10.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1
(ONE); THENCE NORTH 0 DEGREES 03 MINUTES 20 SECONDS WEST,
ALONG THE EAST LINE OF LOTS 1 (ONE) AND 2 (TWO) OF SAID
SUBDIVISION, A DISTANCE OF 175.75 FEET; THENCE SOUTH 89 DEGREES
48 MINUTES 51 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF
SAID SOUTHWEST QUARTER, A DISTANCE OF 417.00 FEET; THENCE
SOUTH 0 DEGREES 03 MINUTES 20 SECONDS EAST, A DISTANCE OF
296.75 FEET; THENCE NORTH 89 DEGREES 48 MINUTES 51 SECONDS
WEST, PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST
QUARTER, A DISTANCE OF 387.00 FEET TO THE POINT OF BEGINNING;
SAID DESCRIBED TRACT CONTAINING 2.81 ACRES, MORE OR LESS.
Section H. 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, 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, including street and road construction, street lighting, a sanitary sewer extension, a water
distribution system, and a storm water system, within four (4) 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 described 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 will be available to this phase of the Villas when
the developer completes the first phase network, with extensions to be paid by the developer; that
an existing water main is available to service the area; and that all or most other capital
improvements required to service the annexation area will be planned, provided, and paid for by the
developer subject to compliance with state and local law.
Section IV. This Resolution shall be in full force and effect from and after its date of
adoption by the Common Council and approval by the Mayor.
Member, South Bend Co on Council
PRESENTED
NOT APPROVED.
5kDOPTER
Filed In Clerk's Office
I:E� 1 3 2003
LORETiAJ. CODA
CiTYCLERK, 4 UN0, YI
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
03 -20 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 GERMAN TOWNSHIP,
THE VILLAS AT LAKE BLACKTHORN II 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.
Karl King
Chairman