HomeMy WebLinkAboutFiscal Plan for Macri/Allen Annexation Clay TownshipRESOLUTION
NO. 1940 -92
Passed by the Common Council of the City of South Bend, Indiana
April 28, 92 19
Attest:----- City Clerk
Attest:
Presented by me to the Mayor of the City of South Bend, Indiana
April 29,
92
of Common Council.
Approved and signed by me April 30 19 92
City Clerk
Mayor
RESOLUTION NO. !gyo.c(a
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 CLAY 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 Clay
Township, St. Joseph County, Indiana; and
WHEREAS, the territory proposed to be annexed is located in Clay
Township, St. Joseph County, to the southeast of the intersection of
Douglas Road and Hickory Road, extended, and is needed and can be
used by the City for its development in the reasonably near future,
the development of which land 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 Clay Township, St. Joseph County, Indiana, described in
Exhibit "A," 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
described in Exhibit. "B ", 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, day of 1992.
ewe® y -a 9- 9 a
NOT APPROVIO
ADOPTED `y ` °? 8 r
IlLe-
Member, CMmon Council
signed only to provide n n
opportunity for public d!1Cizss:u,'
and Council action on tho issue,
Filed in Clerk's Office
APR 2 21992
IRENE GA�
CITY CLERK, S0AP. BENON D, IN.
EXHIBIT "A"
A parcel of land being a part of the Northeast Quarter of
Section 32, Township 38 North, Range 3 East, Clay Township,
St. Joseph County, Indiana, being more particularly
described as follows:
Beginning at the Northeast corner of the Northeast Quarter
of said Section 32;
Thence, West along the North Section Line of said.Section 32
a distance of 465 feet, more or less, to the Northwest
corner of property described.as St. Joseph County, Indiana
Tax Key Number 02- 2023- 0548.08;
Thence, South a distance of 752.75 feet along the West line
of said Tax Key Number 02- 2023 - 0548.08 to the Southwest
corner of said Tax Key Number 02 -2023- 0548.08, also being
the Northeast corner of Tax Key Number 02- 2023 - 0548.13;
Thence, South a distance of 561.44 feet along the East line
of said Tax Key Number 02- 2023 - 0548.13 and Tax Key Number
02- 2023 - 0548.05 to the Southeast corner of said Tax Key
Number 02- 2023 - 0548.05;
Thence, East a distance of 218 feet, more or less, along the
North line of said Tax Key Number 02- 2023 -0549, also being a
South Bend City Limit, to the Northeast corner of said Tax
Key Number 02- 2023 -0549;
Thence, South a distance of 1321.70 feet along the East line
of said Tax Key Number 02- 2023 -0549, also being a South Bend
City Limit, to the Centerline of Hepler Road, also being the
South line of the said Northeast 1/4 of Section 32, T38N,
R3E and a South Bend City Limit;
Thence, East a Distance of 245.00 feet, more or less, along
the said South line of said Northeast 1/4 of Section 32,
T38N, R3E also being a South Bend City Limit, to the East
line of said Section 32;
Thence, North along said East line of Section 32 to the
Northeast corner of said Section 32, the place of beginning.
City of South Bend
Fiscal Plan For Annexation
Of Contiguous Territory
- Macri /Allen Annexation -
Clay Township
Joseph Kernan - Mayor
Jon Hunt - Director, Economic Development
South Bend City Council
Steve Luecke
Cleo Washington
Roland Kelly
Ann Puzzello
Linas Slavinskas
Thomas Zakrzewski
Sean Coleman
Loretta Duda
Eugene Ladewski
Planning Staff
David Roos - Director, Division of Planning
Larry Magliozzi, Senior Planner
Tana Peterson, Planner III
April 15, 1992
TABLE OF CONTENTS
Maps and Tables
Page
SECTION I. INTRODUCTION . . . . . . . . .
. . . 1
A. General
B. Effective Date
C. Previous Annexations
D. Need for Annexation of New Area
SECTION II. GENERAL DATA . . . . . . . . .
. . . 2
A. Location
B. Legal Description
C. Contiguity
D. Size and Topography
E. Population and Density
F. Buildings and Land Use
G. Zoning
H. Tax Rate
I. Assessment
J. Councilmanic District
K. Comparable Area
L. Hiring Plan
SECTION III. MUNICIPAL SERVICES . . . . . .
. . . 5
A. Public Works
B. Police Department
C. Fire Department
D. Code Enforcement
E. Parks and Recreation
F. Administrative Services
SECTION IV. FISCAL IMPACT . . . . . . . . .
. . . 6
SECTION V. RECOMMENDATION . . . . . . . . .
. . . 6
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 Clay 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
Department
South Bend
South Bend
Department
Department
Department
rtment
Of Public Works
of Public Parks
Fire Department
Police Department
of Code Enforcement
of Economic Development
of Administration and Finance
The ordinance for annexation into the City was submitted to the
City Clerk's office on April 8, 1992 and received first reading by
the Common Council on April 13, 1992.
B. Effective Date
The approximate date for the annexation to be effective is July 17,
1992, after proper publication, notice and recordation as required
by state law. An annexation schedule can be found in the Appendix,
on Table 1.
C. Previous Annexations
The Annexation Area is part of a larger area previously considered
for annexation under Bill# 44 -91. Bill# 44 -91 was introduced on
July 8, 1991 and was subsequently withdrawn.
Previous to Bill# 44 -91, Ordinance #5339 was filed in 1971 to annex
950 acres of what is commonly called the Maple Lane area. This
annexation attempt encompassed an area between the current city
limits on the south; Ivy Road, Douglas Road and Ironwood Road on
the west; the Toll Road on the north; and the Hickory Road
extension line on the east.
D. Need For Annexation of Area
The territory sought to be annexed (the Annexation Area) is needed
and can be used by the City for its development in the reasonably
near future. In April of 1989, the Area Plan Commission prepared
the "Cleveland Road /State Road 23 Corridor Analysis ". In this
report, the Commission recommended that the State Road 23 corridor
remain essentially residential with the exception of two areas with
the potential for office and multi - family use (see Map 3). State
Road 23 is one of the City's major entryways and hence is a
corridor between the City and the developed areas to the
northeast. With the proposed widening of State Road 23 to a
minimum of four lanes, the use and development of the land adjacent
to State Road 23 becomes an integral component of the City's
development.
Douglas Road is a 2 -lane road connecting a major north -south
commercial corridor (Grape Road) in the City of Mishawaka and a
primary route (State Road 23) between the central city areas and
the residential areas to the northeast. The Annexation Area, with
its potential for subsequent development, will undoubtedly have an
influence on the State Road 23 corridor. The development of the
Annexation Area will require the extension of sewer and water
service which is available from the City.
In addition, the City has extended sewer and water service to a
point from which the Annexation Area can be serviced. The need for
the extension of sewer and water service is again demonstrated by
the corridor analysis report which made mention of two existing
environmental factors. One is the presence of the Juday Creek
floodplain. Approximately seven acres, representing one -third of
the Annexation Area, is within the floodplain. The other factor is
the presence of the former Uniroyal dump site on the north side of
Douglas Road, approximately 1,300 feet east of the Annexation
Area. The presence of this hazardous waste site seriously
compromises the ability for the Annexation Area to develop on
anything other than a central water supply.
The presence of the above mentioned environmental issues creates
the likelihood that the City will, at some future date, be asked to
extend sewer and water services. In order to plan efficiently for
the extension of these utilities, it is in the best interest of the
City to incorporate the Annexation Area at this time.
SECTION II. GENERAL DATA
A. Location
The Annexation Area is contiguous to the northeast side of the
City, approximately 1,800 feet east of State Road 23 on the south
side of Douglas Road. A map showing the Annexation Area can be
found in the Appendix, on Map 1.
B. Legal Description
The Annexation Area is part of the Northeast Quarter of Section 32,
Township 38 North, Range 3 East, Clay Township. A complete legal
description for the Annexation Area can be found in the Appendix,
on Table 2.
- 2 -
C. Contiguity
The Annexation Area is at least one- fourth 1/4 (25 %) contiguous to
the South Bend City limits. As evidenced by the Legal Description
(Table 2) and the Contiguity Map (Map 2), both of which are a part
of this Fiscal Plan, 28.77% of the aggregate external boundaries of
the Annexation Area are contiguous with the boundaries of the City.
Contiguous
A 240'
B 1322'
C 220'
1782' (28.77 %)
D. Size and Topography
Non - Contiguous
D. 2642'
E. 455'
F. 1314'
4411' (71.23 %)
The size of the Annexation Area is 21.09 acres. There are four
property owners involving five separate parcels. The topography is
generally flat with a gentle slope towards Juday Creek.
E. Population and Density
The Annexation Area is part of Census Track 113.01, Blocks 201 and
218B:
Census Block
201
218B
Total
- 1990 Census -
Population Units
34 17
9 5
43 22
Based on the population and number of units in Blocks 201 and 218B,
there are 1.95 people per unit. There are three (3) dwelling units
within the Annexation Area. Using the 1.95 people per unit
standard, the estimated population for the Annexation Area is six
(6) people.
With the Annexation Area comprised of 21.09 acres and six people,
the population density is .29 people per acre.
F. Buildings and Land Use
There are three (3) dwelling units, along with a number of
accessory buildings, within the Annexation Area. All properties
within the Annexation Area appear to be used for residential
purposes. Two of the residences have access from Douglas Road.
The third residence has access from Hepler Street.
- 3 -
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 exercise their right to petition the City
for rezoning through the City's standard procedures.
H. Tax Rate
Since the City of South Bend provides fire service, the Township
Rate will decrease by $.4573 per $100.00 of assessed valuation with
the deletion of the Fire Fighting Fund and the Cumulative Fire Fund
assessments.
The tax rate for the Annexation Area will increase by 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 $5.1416 per $100.00 of
assessed valuation. The tax rates used are those of 1991 payable
in 1992. Table 3 shows the representative tax rate information as
published by the St. Joseph County Auditor.
I. Assessments
Assessments noted are the most up -to -date available from the 1991
payable 1992 tax records.
Real Property $85,140.00
Personal Property 0.00
TOTAL $85,140.00
J. Councilmanic District
The Annexation Area will be in City Councilmanic District 4.
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 located in an
area bounded by Cleveland Road, Riverside Drive, Darden Road, and
the St. Joseph River. The area is generally flat with a gentle
slope towards the river. The area is zoned and used for
residential purposes. The area is approximately 21.52 acres with
- 4 -
five (5) people, representing a population density of .23 people
per acre.
topography -
land use -
density -
L. Hiring Plan
Annexation Area
generally flat,
slope to creek
residential and open
.29 /acre
Comparable Area
generally flat,
slope to river
residential and open
.23 /acre
It is anticipated that this annexation will not result in the
elimination of jobs for employees of other governmental entities,
although the City is not required to hire any employees whose jobs
have been eliminated by an annexation.
SECTION III. MUNICIPAL SERVICES
A. Public Works
No expenditure of funds by the City will be required to provide
capital improvements due to the fact that the developer will
provide street construction, street lighting, sewer facilities,
water facilities, and stormwater drainage facilities throughout the
Annexation Area.
Any proposed streets would represent less than one percent of the
City's current road system, and could easily be maintained with
existing personnel and equipment.
The wastwater treatment and collection systems can provide service
to the proposed area without any additional expenditures by the
City. The water system is adequate and available for the
Annexation Area.
The City can also provide solid waste collection services to the
Annexation Area without additional equipment or personnel.
B. Police Protection
The Annexation Area is contiguous to Beat 11 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 cas 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
- 5 -
Beat 11 make for a high demand for police service which presently
keeps the Beat officer busy.
The Department notes that the possible development of the vacant
land will require the need to expand police service. Although no
unusual problems are anticipated with the annexation of the area
into the City, the location of the Annexation Area will require
patrols to manage the additional congestion on the main arterials
in the area. The area to be annexed is near a highly developed
commercial and retail area with many vehicles passing through the
area.
The Annexation Area will require about 5% of the total time
required to cover the Beat 11 area. The Department estimates that
a yearly cost of $8,951.63 would be expected for police coverage
for the Annexation Area. It is anticipated that the additional
costs for police service will be absorbed by the Police Department
budget.
C. Fire Protection
The South Bend Fire Department does not foresee any unusual fire
protection problems related to this annexation. The Annexation
Area is located approximately 3 miles from Station #3 located at
1805 E. Mckinley. Additional fire units would respond including
Engine #9 located approximately 4.5 miles away at 2520 Mishawaka
Avenue.
Fire officials note that response times will be comparable to other
areas of the City, and that 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. Parks and Recreation
There are adequate park facilities in the Northeast portion of the
City which can be utilized by residents of the Annexation Area.
Parks and facilities that are close to the Annexation Area are:
Boehm, Edison, Tarkington and Ponader. There are tennis courts and
playground equipment located at Boehm, Tarkington and Edison.
Boehm has lighted tennis courts, basketball courts, and a lighted
softball diamond.
The Department notes that no additional personnel or services will
be needed to provide adequate services to the Annexation Area.
F. 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.
SECTION IV. FISCAL IMPACT
Based upon the service reports provided by City agencies, the
fiscal impact upon the City will be minimal. The only Department
anticipating an increase in cost in providing service to the
Annexation Area is the Police Department. That cost is anticipated
to be $8,951.63 which is to be absorbed by the Departmental budget.
A Summary Table is attached to this report and is located in the
Appendix as Table 4.
SECTION V. 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 for its development, 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.
- 7 -
A P P E N D I X
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Table
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1
Macri /Allen Annexation
Schedule
4
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7
S
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January
T W T
F
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- April
14
-July
16
17
18
19
20
21
1
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3
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8 Macri/Allen - Filed
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7
8
9
10
11
20 Macri/Allen - Board of Public Works
1 2
3
4
12
13
14
15
16
17
18
21 Macri/Allen - Board of Water Commissioners
5
6
7 8 9
10
11
19
20
21
22
23
24
25
22 Macri/Allen - Board of Public Safety
12
13
14 15 16
17
18
26
27
28
29
30
31
27 Macri/Allen - Council Public Hearing
19
20
21 22 23
24
25
May
26
27
28 29 30
31
15 Macri/Allen - Remonstrance Period Begins
February
July
August
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17 Macri/Allen - Annexation Effective
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A parcel of
Section 32
Township, St
particularly
Table 2
LEGAL DESCRIPTION FOR ANNEXATION
land being a part of the Northeast Quarter of
Township 38 North, Range 3 East, Clay
Joseph County, Indiana, being more
described as follows:
Beginning at the Northeast corner of the Northeast Quarter
of said Section 32;
Thence, West along the North Section Line of said Section
32 a distance of 465 feet, more or less, to the Northwest
corner of property described as St. Joseph County, Indiana
Tax Key Number 02- 2023 - 0548.08;
Thence, South a distance of 752.75 feet along the West
line of said Tax Key Number 02- 2023- 0548.08 to the
southwest corner of said Tax key Number 02 -2023- 0548.06,
also being the Northeast corner of Tax Key Number
02-2023-0548.13;
Thence, South a distance of 561.44 feet along the East
line of said Tax key Number 02-2023 - 0548.13 and Tax key
Number 02 -2023- 0548.05 to the Southeast corner of said Tai;
Key Number 02- 2023 - 0548.05;
Thence, East a distance of 218 feet, more or less, along
the North line of said Tax key Number 02- 2023- 0549,also
being a South Bend City Limit, to the Northeast corner of
said Tax Key Number 02 -2023 -0545;
Thence, South a distance of 1321.70 feet along the East
line of said Tax Key Number 02- 2023 -0545, also being a
South Bend City Limit, to the Centerline of Hepler Road,
also being the South line of the said Northeast 1/4 of
Section 32, T38n, .R3E and a South Bend City Limit;
Thence, East a Distance of 245.00, more or less, along the
said South line of said Northeast 1/4 of Section 32, T38N,
R3E also being a South Bend City Limit, to East line of
said Section 32;
Thence, North alone said East line of Section 32 to the
Northeast corner of said section 32, the place of
beginning.
Table3
TAX RATE INFORMATION
1991 payable 1992
CLAY
SOUTH BEND
TAX
FUND
TOWNSHIP
CLAY
DIFFERRE
Total State Rate
0.0100
0.0100
Total County Rate
2.5293
2.5293
Township Fund
0.0359
0.0359
Poor Relief Fund
0.0142
0.0142
Fire Fighting Fund
0.3573
- 0.3573
Cumulative Fire
0.1000
- 0.1000
Total Township Rate
0.5074
0.0501
- 0.4573
Total School Rate
5.2089
5.2089
Total Library Rate
0.6234
0.6234
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
8.9867
14.1283
+ 5.1416
TABLE 4
SUMMARY TABLE
Department
Costs
Public Works
$0.00
Police Department
$8,951.63
Fire Department
$0.00
Code Enforcement
$0.00
Parks Department
$0.00
Administrative
$0.00
TOTAL
$8,951.63
Source
n/a
General Budget
n/a
n/a
n/a
n/a
NAT /ONAL CENTER Map 1
FOR SENIOR LIVING / / NORTN EAST CORNER
lECTION 32
T. 32 N., R. 3 E.
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