HomeMy WebLinkAboutFiscal Plan for Sylvia R. Houser Revocable Trust, Royal Oak Estates by D & H Home Builders, Inc. & Community Baptist Church Annexation in Centre TownshipAttest:
RESOLUTION
2945 -00
Passed by the Common Council of the City of South Bend, Indiana
November 13,
00
20_.
Presented by me to the Mayor of the City of South Bend, Indiana
November 14, 00
City Clerk
President of Common Council
Approved and signed by me November 14. 2000 .
City Clerk
RESOLUTION NO. 2 1 9, S-00
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 ANNEXED AREA IN CENTRE TOWNSHIP
(SYLVIA R. HOUSER REVOCABLE TRUST, ROYAL OAK ESTATES BY D & H
HOME BUILDERS, INC. AND COMMUNITY BAPTIST CHURCH ANNEXATION)
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana, an ordinance and a petition by more than 51 % of the property owners which proposes the
annexation of the real estate located in Centre Township, St. Joseph County, Indiana, more
particularly described in Section I of this Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately 104,69 acres
on which are situated a residence, a pole barn, and a church, which property is at least 12.1%
contiguous to the current City limits, i.e., 16.14% contiguity, and which is generally located on the
South side of Johnson Road, approximately 1,000 feet west of Miami Road, Centre Township,
Indiana. The annexation territory is proposed for development of two single family subdivisions,
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, and snow
removal, sewage collection, solid waste and yard pickup as well as recycling services, and services
of a capital improvement nature, including street and road construction, a street lighting system, 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 non - capital nature, including street and road maintenance, street sweeping, flushing and
snow removal, police and fire protection, solid waste and yard pick -up as well as recycling services,
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, a
storm water system, street and road construction, 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 Centre Township, St. Joseph County, Indiana, described
more particularly as follows, be annexed to the City of South Bend:
A parcel of land being a part of the Northeast Quarter and a part of the Southeast
Fractional Quarter of Section 36, Township 37 North, Range 2 East, Centre
Township, St. Joseph County, Indiana and being more particularly described as
follows:
Commencing at the Northeast corner of said Southeast Fractional Quarter; thence
North 89 °50'52" West a distance of 298.37 feet along the North line of said
Fractional Quarter and the South line of the plat of Hermitage South Estates, Section
One, Part One, as the same is recorded in the office of the Recorder of St. Joseph
County, Indiana as instrument number 9121918, (being also the centerline of Johnson
Road), to the place of beginning for this description; thence North 89 °50'52" West,
along said North line of said Fractional Quarter and said South line of the plat of
Hermitage South Estates, a distance of 263.08 feet to the Southwest corner of said
plat of Section One, Part One; thence North 00'16'13" West, along the West line of
said plat of Hermitage South Estates, Section One, Part One, a distance of 40.00 feet
to the North right -of -way line of Johnson Road and the Southwest corner of Lot 6 in
said subdivision; thence North 89 °50'52" West, along said North right -of -way line
and parallel with said North line of the Southeast Fractional Quarter, a distance of
1953.29 feet; thence South 0 °11'27" West, a distance of 285.12 feet; thence North
89 °48'33" West, a distance of 177.00 feet; thence South 0'11'27" West, a distance
of 1600.83 feet; thence South 86 °41'40" East, a distance of 2021.14 feet more or less
to the Southwest corner of a tract of land conveyed to Terry A. And Mary Beth
Wiseman by Deed recorded as instrument number 9845973 in said Recorder's office;
thence Northerly along the West line of said Wiseman tract and parallel with the East
line of said Southeast Fractional Quarter, a distance of 327.74 feet to the Northwest
corner of said Wiseman tract; thence East, along the North line of said Wiseman
tract, a distance of 414.58 feet more or less to the West line of a tract of land
described in annexation ordinance #5011 -68 as the same is recorded in
Miscellaneous Record Book 282, Page 189 in said Recorder's office; thence North
along said West line, and parallel with said East line of said Southeast Fractional
Quarter, a distance of 991.92 feet, more or less to a point on the South line of Lot 4
in the plat of Morris Subdivision, the same being recorded in plat Book 23, Page M
in said Recorder's office; thence North 88'49'53" West, along said South line of Lot
4, a distance of 48.37 feet to the Southeast corner of Lot 1 in the plat of Morris -
Houser Minor Subdivision, the same being recorded as instrument number 8617432
in said Recorder's office; thence North 0 °21'07" East, along the East line of said Lot
1 and its Northerly projection, a distance of 656.44 feet to the place 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 street and
road maintenance, police and fire protection, street sweeping, flushing, and snow removal, sewage
collection, solid waste and yard pick -up as well as recycling services, 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 sewer collection system, a water distribution system, a storm water 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. The previously identified capital improvement services shall be provided at the
expense of the owner /developer in conformity with all applicable City Codes, standards, and
regulations pursuant to the fiscal plan, Exhibit "A" hereto, except that water services shall be
provided through existing water mains.
Section III. The South Bend 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.
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 V` —\� — ()�)
NOT APPROVED
ADOPTED \\- \3 -06
Member, South Bend Comink Council
Filed In Clerk's Office
NOV 0 0 2000
LORETTAd. WDA
CLTYCLEW, 90. BEND, IN,