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HomeMy WebLinkAboutFiscal Plan for Macri/LaFree III Annexation Area in Clay TownshipAttest: RESOLUTION 3071 -02 Passed by the Common Council of the City of South Bend, Indiana March 25, 200-2. Presented by me to the Mayor of the City of South Bend, Indiana March 26, 02 City Clerk President of Common Council Approved and signed by me March 26, 20 02 . City Clerk I11�' RESOLUTION NO. 3 0 7 _ Q A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (MACRI/LAFREE III 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 Clay 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 9.17 acres of vacant, unimproved land, which property is at least 12.1 % contiguous to the current City limits, i.e., approximately 28.4% contiguous, generally located on both sides of Douglas Road, approximately 1,500 feet east of State Road 23 in Clay Township, Indiana. This annexation territory is intended to be used for a small office complex and commercial strip with a remote possibility of residential units. 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, and services of a capital improvement nature, including street and road construction, 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 a sewer collection system, a water distribution system, and a street lighting system; (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, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners 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 Clay Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: PARCEL I. THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32 WHICH IS S. 00° - 00' -00" W. (ALL BEARINGS ASSUMED), 444.00 FT. MORE OR LESS FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE S. 00'-00'-00" W. ALONG SAID WEST LINE, 20.00 FT. MORE OR LESS; THENCE N. 90'-00'-00" E., ALONG THE SOUTH LINE OF A PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02- 2023- 05481N THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE, 66.8 FT. MORE OR LESS TO THE EXISTING CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE S. 00 - 00' -00" W. ALONG SAID CORPORATE LINE, 288.5 FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02-2023-0548.10 IN THE RECORDS OF SAID AUDITOR'S OFFICE; THENCE S. 90'-00'-00" W. ALONG THE NORTH LINE OF SAID PARCEL, 96.8 FT. MORE OR LESS TO THE WEST LINE OF 34TH STREET (BEING A PAPER STREET); THENCE N. 000 - 00' -00" E. ALONG SAID WEST LINE AND ITS NORTHERLY EXTENSION, 312 FT. MORE OR LESS TO THE NORTH LINE OF ELKINS STREET; THENCE ALONG SAID NORTH LINE IN A SOUTHEASTERLY DIRECTION, 31 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 0.66 ACRES MORE OR LESS. PARCEL II. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29 AND THE NORTHEAST QUARTER OF SECTION 32, BOTH BEING IN TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE NORTH LINE OF DOUGLAS ROAD WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE N. 00° - 00' -00" E. ALONG SAID WEST LINE, 346.2 FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02- 2019 -0425 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 90 - 00' -00" E. ALONG THE NORTH LINE OF SAID PARCEL, 220 FT. MORE OR LESS; THENCE S. 00° - 00' -00" W., 462.2 FT. MORE OR LESS TO THE SOUTH LINE OF SAID DOUGLAS ROAD; THENCE S. 90° -00'- 00" W. ALONG SAID SOUTH LINE, 325.70 FT. MORE OR LESS; THENCE N. 00° - 00' -00" E., 80.00 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 2.15 ACRES MORE OR LESS. PARCEL III. THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT A POINT ON THE NORTH LINE OF DOUGLAS ROAD WHICH IS N. 900 - 00' -00" E., 220 FT. MORE OR LESS FROM THE POINT OF INTERSECTION OF THE NORTH LINE OF DOUGLAS ROAD WITH THE WEST LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 29; THENCE N. 000 - 00' -00" E., 346.2 FT. MORE OR LESS TO THE NORTH LINE OF A PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02- 2019 -0425 IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE; THENCE N. 900 - 00' -00" E. ALONG THE NORTH LINE OF SAID PARCEL, 776.2 FT. MORE OR LESS TO THE EAST LINE OF SAID PARCEL AND THE EXISTING CORPORATE LIMIT LINE OF THE CITY OF MISHAWAKA; THENCE S. 00'-00'-00" W. ALONG SAID EAST LINE AND CORPORATE LINE, 346.2 FT. MORE OR LESS TO THE NORTH LINE OF SAID DOUGLAS ROAD AND THE EXISTING CORPORATE LIMIT LINE FOR THE CITY OF SOUTH BEND; THENCE S. 900 - 00' -00" W. ALONG SAID NORTH LINE AND CORPORATE LINE, 776.2 FT. TO THE POINT OF BEGINNING. CONTAINING 6.17 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, 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 a sanitary sewer system, a water distribution system, street and road construction , and a street lighting 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 virtually all capital improvements required to service the annexation area with the exception of the public right -of -way 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 of its date of adoption by the Common Council and approval by the Mayor. PRESENTED 3 - 2- S - 02. NOT APPROVED ADOPTED 3-7-S-02, c� Member, South Bend Common ouncil MAR 2'0 2!2]yy - COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 02 -21 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (MACRI /LAFREE III 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