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HomeMy WebLinkAboutFiscal Plan for Krechimer Annexation Area in Penn TownshipRESOLUTION NO. 2006 -93 Passed by the Common Council of the City of South Bend, Indiana 25, 19 93 Attest: 1 -- ___ --- City Clerk Attest Presented by me to the Mayor of the City of South Bend, Indiana January 26, 93 19 of Common Council. City Clerk Approved and signed by me_ ___ 19 i✓ " _—` Mayor RESOLUTION NO. -2-0196 - 99 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 PENN TOWNSHIP WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located in Penn Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed is generally located 600 feet east of Ironwood Road on the south side of Inwood Road and is needed and can be used by the City of South Bend for its development in the reasonably near future, the development of which land as proposed will require a level of municipal public services basic to the establishment and maintenance of such development, which services shall include services of a non - capital nature, including street and road maintenance, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, and storm water facilities; 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 construction, street lighting, water facilities, sewer facilities, and storm water drainage facilities 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 equivalent in standard and scope to similar non- capital services provided to areas within the corporate boundaries of the City of South Bend, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that 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 those services are provided to areas within the corporate boundaries of the City of South Bend that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria; 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 approved a written fiscal plan and established a policy for the provision of services to the territory to be annexed which plan and policy, as it relates to the territory to be annexed, the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Penn Township, St. Joseph County, Indiana, described in Table 2 of the Fiscal Plan, attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend to furnish to said territory services of a non - capital nature, such as street and road maintenance, police and fire protection, 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 which have characteristics of typography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, water facilities, sewer facilities, and storm water facilities, 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 that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Common Council of the City of South Bend shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Section IV. This Resolution should be in full force and effect upon its adoption by the Common Council and approved by the Mayor. Adopted this a 6' day of 1993. PRESENTED / 0? -s--- 93 NOT APPROVED ADOPTED /- %,'? Filed in Clerk's Office JAN 2 0 r Resolution No. City of South Bend Fiscal Plan - Kercheimer Annexation Area - PENN TOWNSHIP Joseph Kernan - Mayor South Bend Common Council Steve Luecke Cleo Washington Rolland Kelly Ann Puzzello Linas Slavinskas Thomas Zakrzewski Sean Coleman Loretta Duda Eugene Ladewski Planning Staff Jon Hunt - Director, Economic Development Division of Planning & Neighborhood Development: Pam Meyer - Director Larry Magliozzi, Assistant Director December 1992 TABLE OF CONTENTS Paae SECTION I. INTRODUCTION . . . . . . . . . . 1 A. General B. Effective Date C. Previous Annexations D. Ownership SECTION II. REQUIREMENTS OF STATE ANNEXATION LAW 2 A. Applicability B. Need for Annexation of New Area SECTION III. GENERAL DATA . . . . . . . . . . 3 A. Location and Access B. Legal Description C. Contiguity D. Size and Topography E. Population and Density F. Buildings and Land Use G. Zoning H. Tax Rate I. Assessments J. Councilmanic District K. Comparable Area L. Hiring Plan SECTION IV. MUNICIPAL SERVICES . . . . . . . 6 A. Public Works B. Police Department C. Fire Department D. Code Enforcement E. Administrative Services SECTION V. FISCAL IMPACT . . . . . . . . . . 7 SECTION VI. RECOMMENDATION . . . . . . . . . 8 APPENDIX Maps and Tables SECTION I. INTRODUCTION A. General This Fiscal Plan represents the City of South Bend's (hereinafter, "City ") policy for the annexation of property in Penn Township, St. Joseph County (hereinafter, "Annexation Area "), and was developed through the cooperative efforts of the Area Plan Commission of St. Joseph County and the following City Departments: Legal Depa Department South Bend South Bend Department Department Department ,tment Of Public Works Fire Department Police Department of Code Enforcement of Economic Development of Administration and Finance B. Effective Date The anticipated date for the annexation to be effective is April 16, 1993, after proper publication, notice and recordation as required by state law. An Annexation Schedule, titled as such and designated as Table 1, can be found in the Appendix. C. Previous Annexations Property tax records indicate that the entire Kercheimer property originally consisted of 25.00 acres. In 1968, Ordinance 5009 -68 annexed approximately 78 acres of territory, including the west 140 feet of the Kercheimer property. A recent 1992 split for an office development though, has left 19.70 acres. In connection with that development, Ordinance 8234 -92 annexed an additional 5.3 acres. Of the 19.7 acres remaining under single ownership, approximately 14.4 acres remain within unincorporated St. Joseph County. Ordinance 6298 -78 annexed territory up to the east and south boundary lines of the Annexation Area. Ordinance 7034 -82 annexed territory up to the northern boundary line of the Annexation Area. The three Ordinances noted above incorporated the properties surrounding the Annexation Area, causing the Annexation Area to be an unincorporated island within the City limits. D. Ownership Tax records maintained by the St. Joseph County Auditor's office indicate the owners of the property within the Annexation Area as Werner and Florence Kercheimer. The mailing address is listed as P.O. Box 1602, South Bend, IN 46634. SECTION II. REQUIREMENTS OF STATE ANNEXATION LAW A. ADnlicability This fiscal plan meets the requirements of state law by adhering to the appropriate sections of the Indiana Code relative to contiguity (36- 4- 3- 13(c)(1)); the need for the territory to be annexed (36- 4- 3- 13(c)(2)); development of a written fiscal plan (36- 4- 3- 13(d)); and all other applicable provision relative to notice, publication and recordation. More specific and detailed information, meeting the provisions of the applicable sections of state law, can be found in the appropriate sections of this fiscal plan. B. Need For Annexation of New Area As noted in Section I.C. of this fiscal plan, the Annexation Area is surrounded by the City. Development of properties surrounding the Annexation Area are subject to the ordinances and standards of the City. Development of the Annexation Area is subject to the ordinances and standards of St. Joseph County. The Ordinances and development standards of the City and of St. Joseph County are not identical nor are they necessarily compatible. The City must be able to plan for development of land within its jurisdiction. Since the Annexation Area is wholly surrounded by the City, and yet is subject to different development standards, zoning and other ordinances than that property surrrounding it, planning for the development of the City in the vicinity of the Annexation Area is inherently more difficult and potentially frustrated. The Annexation Area is therefore needed and can be used by the City for its development. The development of the Annexation Area into more intense uses would require the extension of sewer and water service which is available from the City. The property is adjacent to a water line which is located within the Inwood Road right -of -way. The property is also adjacent to a sewer line which is also located within the Inwood Road right -of -way. Both the sewer and water line have the capacity to provide service to the Annexation Area. It is noted that Inwood Road, from which the property owner can access his property, is a City- maintained thoroughfare and that all future improvements to Inwood Road would directly benefit the Annexation Area. Inwood Road and the immediate area surrounding the Annexation Area is currently being patrolled by the City Police Department through Beat 15. South Bend police officers are in a more advantageous position to respond to calls in a more timely manner within the Annexation Area than their counterparts in St. Joseph County. 2 Station #8 of the South Bend Fire Department is located considerably closer to the Annexation Area than the Penn South Fire Station. Station #8 is located approximately 1.5 miles from the Annexation Area and the Penn South fire station is located approximately 3.5 miles from the Annexation Area. Currently, calls through the 911 Enhanced emergency telephone system are routed to the Penn fire department. SECTION III. GENERAL DATA A. Location and Access The Annexation Area is generally located 600 feet east of Ironwood Road on the south side of Inwood Road. A Vicinity Map, titled as such and showing the Annexation Area, can be found in the Appendix, as Map 1. The Annexation Area is identified on the Auditor's tax maps as Tax Key Number 14- 1034 - 057301. Access to the Annexation Area would be from the south side of Inwood Road, a City maintained thouroughfare. B. Legal Description The Annexation Area is part of the Northwest Quarter of Section 29, Township 37 North, Range 3 East, Penn Township. A complete legal description for the Annexation Area can be found in the Appendix, on Table 2. C. Contiguity The Annexation Area satisfies the statutory requirement that it be at least one - fourth 1/4 (25 %) contiguous to the South Bend City limits. As evidenced by the Legal Description, (Table 2), the Vicinity Map and the Annexation Area Map (Maps 1 and 2), both of which are a part of this Fiscal Plan, 1000 of the aggregate external boundaries of the Annexation Area are contiguous with the boundaries of the City. D. Size and Topography The size of the Annexation Area is 14.78 acres, determined by metes and bounds calculations. The Annexation Area is located in a moderately rolling area. E. Population and Densit The Annexation Area is part of Census Track 117.02. Census maps designate the Annexation Area as Block 925B. Based on published Census data, no housing units or population was recorded for Block 925B. Penn Township property records, in addition to a site inspection by the City, confirm the annexation area as being vacant and that it includes no improvements. Therefore, this property has zero population density. F. Buildings and Land Use There is no dwelling unit within the Annexation Area. The property within the Annexation Area is vacant. G. Zoning The site is zoned "R" Residential in unincorporated St. Joseph County. Upon annexation it will be zoned "A" Residential per the requirements of Chapter 21 of the Municipal Code of the City of South Bend. Upon the effective date of the annexation, it is anticipated that the property will remain "A" Residential until such time that present or future owners chose to exercise their right to petition the City for rezoning through the City's standard procedures. H. Tax Rate Since the City of South Bend will be providing fire service upon incorporation of the Annexation Area, the Township Rate will decrease by $.4095 per $100.00 of assessed valuation with the deletion of the Fire Fighting Fund, the Cumulative Fire Fund, and the Fire Debt Fund assessments. The tax rate for the Annexation Area will increase by $5.5989 per $100.00 of assessed valuation with the addition of the City and Town Rate, the Redevelopment District Rate and the South Bend Transpo Rate. The net increase in property taxes will be $5.1894 per $100.00 of assessed valuation. The tax rates used are those of 1991 payable in 1992. Table 3, in the Appendix shows the representative tax rate information as published by the St. Joseph County Auditor. I. Assessments Net assessments noted are the most up -to -date available from the 1991 payable 1992 property tax records. Real Property $24,340.00 Personal Property 0.00 TOTAL $24,340.00 Property tax records indicate that the property tax bill for the Annexation Area payable in 1992 is $2,268.40 (penalties not included). Assuming that factors remain constant, the property 0 tax bill for the Annexation Area upon incorporation would be $3,270.09, an increase of $888.27 or 37.3 %. This figure does not incorporate the changes to the property as a result of the most recent lot splits. It is assumed that the tax liability will be lessened as a result of reduced acreage. J. Councilmanic District The Annexation Area will be assigned to Councilmanic District 5. K. Comparable Area One of the requirements of the Fiscal Plan is to show -that the Annexation Area will receive services in a manner equivalent in standard and scope to services provided to areas within the City that have similar topography, patterns of land use, and population density. The comparable area shown for this Fiscal Plan is an area bounded by Cleveland Road, Riverside Drive, Darden Road, and the St. Joseph River. The area is moderately rolling. The area is zoned for residential purposes and is approximately 21.52 acres. The comparable area is vacant. Annexation.Area Comparable Area topography - moderately rolling moderately rolling land use - vacant density - zero Service delivery by the respective is expected to be fully provided to same level as is currently being or comparable area. L. Hiring Plan vacant Ve4*01 City agencies and departments the Annexation Area at the could be provided to the It is anticipated that this annexation will not result in the elimination of jobs for employees of other governmental units, although the City is not required to hire any employees whose jobs have been eliminated by an annexation. W SECTION IV. MUNICIPAL SERVICES A. Public Works An existing 12" sanitary sewer is located in Inwood Road. The sewer is oversized and is designed to provide service to future, adjacent developments. The Department of Public Works notes that the initial sewer extension from Ironwood Road was installed by Edward Rose of Indiana, and that a subsequent extension was installed by the Apostolic Temple Village. Reimbursement contracts are on file in the Department of Public Works, 1300 County- City.Building, South Bend, IN. 46601. The terms and provisions of such contracts would apply to the Annexation Area were it to be served by tapping into the sewer installed by Edward Rose of Indiana or the Apostolic Temple Village. In addition, extensions of, or taps into sanitary sewer and water lines shall be governed by I.C. 36- 9 -22 -2, I.C. 8 -1.5 -3 and -4, and the rules and regulations of the South Bend Water Works and Sewer Utility. An existing 15" water main abuts the Annexation Area along Inwood Road, and has the capacity to serve any future development within the Annexation Area. All other public works services are currently available to this site. No expenditure of funds by the City will be required to provide capital improvements. B. Police Department The Annexation Area is contiguous to Beat 15 and upon annexation will be added to that patrol Beat. Routine patrol, law enforcement, traffic enforcement and emergency responses will be provided by the Beat car assigned to the area. The development of other tracts in the area has already increased the demands on the Police Department for traffic control and crime preventive patrols. The many business and high density residential areas in Beat 15 make for a high demand for police service which presently keeps the Beat officer busy. The Annexation Area will require little additional service in addition to the existing police units, therefore it will not be necessary to increase patrols immediately to reduce potential problems in the new area. No additional capital expenditures are will be required to successfully patrol the Annexation Area. 5 C. Fire Department The South Bend Fire Department does not foresee any unusual fire protection problems related to the Annexation Area. The Annexation Area is located approximately 1.5 miles from Station #8 located at 2402 Twyckenham Drive. Additional fire units would respond including Engine #10 located approximately 2.5 miles away at 308 West Ireland Road. Fire officials note that response times will be comparable to other areas of the City. No additional equipment will need to be purchased or personnel hired to service the Annexation Area. D. Code Enforcement The Department of Code Enforcement can provide services to the Annexation Area without any additional expenses over the present budget. E. Administrative Services The incorporation of the Annexation Area will not effect the provision to the Annexation Area of other services currently provided on a county -wide basis. The St. Joseph County Health Department, The Humane Society of St. Joseph County, the St. Joseph County Public Library, the Area Plan Commission and the St. Joseph County /South Bend Building Department are some of the county -wide agencies that will continue to provide the same type and level of services to the Annexation Area currently available to it now. Other City agencies such as the Park Department, the Department of Economic Development, the Department of Administration and Finance and the Legal Department, will also be in a position to provide appropriate service to the Annexation Area at the same level as is currently being provided to other areas of the City. SECTION V. FISCAL IMPACT Based upon the service reports provided by City agencies, the fiscal impact upon the City will be minimal, and services of capital nature will not be necessary to be provided in the next three years. None of the City departments anticipate capital expenditures in the provision of services to the Annexation Area. Administrative costs, or expenditures of a non - capital nature will be absorbed by the City budget. 7 SECTION VI. RECOMMENDATION This Fiscal Plan shows that the Annexation Area meets the requirements of the laws of the State of Indiana pertaining to annexation of contiguous property. The issues of contiguity, the need for the annexation of the contiguous territory, and a written fiscal plan are provided within the context of this document. The Fiscal Plan also shows that the Annexation Area is needed and can be used by the municipality in the promotion of the delivery of efficient governmental services, and that the City is physically and financially able to provide municipal services to the territory sought to be annexed. It is recommended that this Fiscal Plan be adopted and that the Petition for Annexation into the City of South Bend be approved and that the Annexation Area be accepted into the City after passage of the annexation ordinance, approval by the Mayor, and proper publication and notice. L Map 1 I I ERR LE � c T n �ERORO , Lo _J n D sr. z H J _J -_ -_ nuEENSeoao r '-� ANCHORAGE Si u I CALLA T IHEMLOCK R0. _ 1 9 TAM I% S r WIS ERIA ST. i v D N � s � MARS W D N to 3 W 0 - _ooMONi z� Z) N N RD. Nl N Vicinity Map . — Annexation Area h z SKYE CT n OODGALL CT DOVGALL Cr I I ERR LE � c T n �ERORO , Lo _J n D sr. z H J _J -_ -_ nuEENSeoao r '-� ANCHORAGE Si u I CALLA T IHEMLOCK R0. _ 1 9 TAM I% S r WIS ERIA ST. i v D N � s � MARS W D N to 3 W 0 - _ooMONi z� Z) N N RD. Nl N Vicinity Map . — Annexation Area L►:LU- !t CITY OF SOUTH BEND ,%%, AREA PROPOSED TO BE ANNEXED Prepared By ST. JOSEPH COUNTY AREA PLAN COMP913310H OCTOBER 1992 Q 0 100 200 300 too 800 � u Grapple Seale — uecemoer iaaz- iaa3 S M T W T F S F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 29 30 — January 1993 iaa3 S M T W T F S F S 6 7 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 T F S 1 2 3 — February 1993 -7 S M T W T F S 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 T F S —March 2 1993 S M T W T F S 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 S April 1993 2 3 S M T W T F S 11 12 13 14 1 2 3 4 5 6 7 8 910 24 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 May 1993 S M T W T F S 2 3 4 5 6 7 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12/92 1992 -1993 Kercheimer Annexation Schedule December 9 Kercheimer - Filed 14 Kercheimer - 1st Reading 15 Kercheimer - Board of Water Commissioners 21 Kercheimer - Board of Public Works January 20 Kercheimer - Board of Public Safety 25 Kercheimer - Council Hearing /Ordinance Kercheimer - Council Hearing/Fiscal Plan February 13 Kercheimer - Remonstrance Period Begins April 14 Kercheimer - Remonstrance Period Ends 16 Kercheimer - Annexation Effective TABLE 1 — November 1993 - S M T W T F S 1 uune iaa3 S M S M T W T F S 6 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 T W T — November 1993 - S M T W T F S 1 July 1993 S M T W T F S 4 5 6 7 1 8 2 9 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 August 1993 - S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 — September 1993 - S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 — October 1993 - S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 — November 1993 - S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Legal Description Table 2 Rey Number14- 1034 - 0573.01 A parcel of land located in the Northwest quarter of Section 29, Township 37 North, Range 3 East, Penn Township, St. Joseph County, Indiana. More particularly described as follows: Commencing at the Northwest co thence East 510 feet along the beginning; thence South 700.00 380 feet, more or less, thence thence West 480 feet along the beginning and containing 14.78 mer of the Northwest quarte center line of Inwood Road, feet, thence West 330 feet, East 810 feet, thence North center line of Inwood Road, acres, more or less. of Section 29, to the point of thence South 1099.86 feet, to the point of Table 3 TAX RATE INFORMATION 1991 payable 1992 PENN SOUTH BEND TAX FUND TOWNSHIP PENN DIFFERRE Total State Rate 0.0100 0.0100 Total County Rate 2.5293 2.5293 Township Fund 0.0044 0.0044 Poor Relief Fund 0.0631 0.0631 Fire Fighting Fund 0.1702 - 0.1702 Fire Debt Fund 0.1393 - 0.1393 Cumulative Fire 0.1000 - 0.1000 Total Township Rate 0.4770 0.0675 - 0.4095 Total School Rate 7.0726 7.0726 Total Library Rate 0.4890 0.4890 Total City /Town Rate 5.2106 + 5.2106 Total Redevelopment District Rate 0.1586 + 0.1586 Total Airport Rate 0.1077 0.1077 South Bend Transpo 0.2297 + 0.2297 TOTAL TAX RATES 10.6856 15.8750 + 5.1894