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HomeMy WebLinkAboutFiscal Plan for Annexation Property in Clay Township Southwest of the Intersection of Douglas Road & Hickory Road ExtendedRESOLUTION NO. 1898 -91 Passed by the Common Council of the City of South Bend, Indiana November 12, 91 19 Attest: '�- " "" City Clerk Attest: Presented by me to the Mayor of the City of South Bend, November 13, 91 19 of Common Council. City Clerk Approved and signed by me I `�`' " '°""� f T 19 q`_• Mayor RESOLUTION NO. 1 999' 91 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 to the southwest of the intersection of Douglas Road and Hickory Road, extended, and developable land, 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, fire and police protection, and services of a capital improvement nature, including street construction, street lighting, sewer facilities, water 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 facilites, 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; (S) 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 the Common Council finds appropriate and the adoption of which as the plan and policy for the City of South Bend the Common Council finds to be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS 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 follwing described real property located in Clay Township, St. Joseph County, Indiana, be annexed to the City of South Bend: 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 to a point which is 325.7 feet east of the Northwest Corner of the East one -half of the Northeast Quarter of said Section 32, also being the Northeast corner of property described as St. Joseph County, Indiana Tax Key Number 02- 2032 - 0548.01; Thence, South a distance of 220 feet along the East line of said Tax Key Number 02- 2032 - 0548.01 to the southeast corner of said Tax Key Number 02- 2023 - 0548.01; Thence, West a distance of 187.70 feet along the South line of said Tax Key Number 02- 2023 - 0548.01 to the Southwest Corner of said Tax Key Number 02- 2023 - 0548.01, also being a point on the east line of Tax Key Number 02- 2023 -0548; Thence, South a distance of 243.72 feet along the East line of said Tax Key Number 02- 2023 -0548 to the Southeast_ corner of said Tax Key Number 02- 2023 -0548; Thence, West a distance of 135 feet along the South Line of Tax Key Number 02- 2023 -0548 to the Southwest corner of said Tax Key Number 02- 2023 -0548, also being a point on the East line of Dugdale Acres 2nd Addition; Thence, South a distance of 288 feet along the East Line of Dugale Acres 2nd Addition to the Northwest corner of Tax Key Number 02- 2023 - 0548.10; Thence, East a distance of 510 feet along the North line of Tax Key Numbers 02- 2023 - 0548.10, 02- 2023 - 0548.12, 02- 2023 - 0548.09 and 02- 2023 - 0548.07 to the Northeast corner of said Tax Key Number 02- 2023 - 0548.07; Thence, South a distance of 227 feet along the East line of said Tax Key Number 02- 2023 - 0548.07 to the North Right of Way Line of McErlain Street, a 40 feet wide right of way; Thence, East a distance of 363 feet, more or less, along the said North Right of Way line of McErlain Street and its extension, also being the South line of Tax Key Number 02- 2023 - 0548.13, to the Southeast corner of said Tax Key Number 02- 2023 - 0548.13, also being Northeast corner of Tax Key Number 02- 2023 - 0548.05; Thence, South a distance of 315 feet, more or less, along the East line of said Tax Key Number 02- 2023 - 0548.05 to the Southeast corner of said Tax Key Number 02- 2023 - 0548.05, also being a point on the North line of Tax Key Number 02- 2023 -0549 also being a South Bend City Limit; Thence, East a distance of 218 feet, more or less, along the North line of said Tax Key Number 02- 2023 -0549 and the 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 along the said South line of the said Northeast 1/4 of Section 32, T38N, R3E and the South Bend City Limit to East line of said Section 32; Thence, North along the said East line of Section 32 to the Northeast corner of said Section 32, the place of beginning. 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 Coucil for the City of South Bend shall and does hereby now establish and adopt the fiscal plan described in Attachment "B ", attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Adopted this — day of PRESENTED NOT APPROVED ADOPTED 11-1.2-91 , 1991. Filed in NOV 6 1991 ATTACHMENT "B" CITY OF SOUTH BEND, INDIANA FISCAL PLAN FOR THE ANNEXATION OF PROPERTY LOCATED IN CLAY TOWNSHIP SOUTHWEST OF THE INTERSECTION OF DOUGLAS ROAD AND HICKORY ROAD EXTENDED INTRODUCTION The following Fiscal Plan, developed through the cooperative efforts of the City of South Bend's Controller's Office, Department of Public Works, Police Department, Fire Department, Department of Neighborhood Code Enforcement, and the Department of Public Parks represents the City's policy for the annexation of the property located southwest of the intersection of Douglas Road and Hickory Road Extended in Clay Township, St. Joseph County (hereinafter, "Annexation Area "). This annexation meets the statutory contiguity requirements. I. LOCATION The Annexation Area is located on the northeast side of the City of South Bend in part of the Northeast Quarter of Section 32, Township 38 North, Range 3 East, Clay Township. The Legal Description for the Annexation Area , marked as Exhibit 1, is attached hereto and made a part of this fiscal plan. A map showing the Annexation Area, marked as Exhibit 2, is attached hereto and made a part hereof. There are approximately 33.04 acres of land within the Annexation Area. II. EXISTING LAND USE The Annexation Area is currently vacant land. III. PROPOSED DEVELOPMENT No specific development plan has been proposed for the Area. The Annexation Area will most likely be developed for single family residential use. When development does occur within the Annexation Area, any surface drainage is to be handled in compliance with the City of South Bend's Subdivision Standards. The developer of a project within the Annexation Area will be responsible for all infrastructure improvements including streets, street lighting, water, sewers and stormwater drainage facilities. IV. PROVISION OF CITY 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 providing street construction, street lighting, sewer facilities, water facilities, and stormwater drainage facilities throughout the Annexation Area. The proposed streets represent less than one percent of the City's current road system and can be easily maintained with existing personnel and equipment. The wastewater 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 will be added to the existing patrol district known as Beat 11. Police services to be provided to the Annexation Area will include traffic patrol, preventive patrol, crime deterence, police reporting services, and emergency responses by the Department. Police protection of the scope detailed herein will be furnished to the Annexation Area within one (1) year after the effective date of the annexation. Police Officials recommend, however, that the additional officers and beat allocation be in place at the start of the construction of the project to deter theft of building materials and tools and to provide emergency response for medical and police matters. The Annexation Area will account for approximately 5 percent of the cost of the beat. The South Bend Police Department estimates this to be a total yearly cost of approximately $8500. Personnel costs will be included in the annual operating budget of the Police Department. Vehicle costs will be paid from either the Cumulative Capital Development Fund or the General Fund. C. Fire Protection The Annexation Area is located approximately 2.5 miles from South Bend Fire Department Station #3 at 1805 East McKinley Avenue. Additional Fire Department units will respond, including Engine #9, which is located at 2520 Mishawaka Avenue, approximately 4.0 miles from the Annexation Area. -2- The long range plan, already in place, provides for a continual review of the needs for additional personnel and equipment for all areas of the City. D. Neighborhood Code Enforcement The Department of Neighborhood Code Enforcement can perform code enforcement activities without acquiring additional equipment or hiring additional personnel. The Humane Society of St. Joseph County currently provides animal control services on a County -wide basis. E. Public Parks There are adequate park facilities in the Northeast portion of the City which can be utilized by residents of the Annexation Area. These parks are: Boehm, Edison, Tarkington and Ponader. There are tennis courts located at Boehm, Tarkington and Edison, as well as playground equipment. The tennis courts at Boehm Park are lighted for night time play. Boehm Park also has a lighted softball diamond. No additional personnel or equipment will be needed to provide services to the Annexation Area. V. HIRING PLAN This annexation will not result in the elimination of jobs of employees of another governmental entity. -3- Exhibit 1 Legal Description 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 to a point which is 325.7 feet east of the Northwest Corner of the East one -half of the Northeast Quarter of said Section 32, also being the Northeast corner of property described as St. Joseph County, Indiana Tax Key Number 02- 2032 - 0548.01; Thence, South a distance of 220 feet along the East line of said Tax Key Number 02- 2023 - 0548.01 to the southeast corner of said Tax Key Number 02 -2023- 0548.01; Thence, West a distance of 187.70 feet along the South line of said Tax Key Number 02 -2023- 0548.01 to the Southwest Corner of said Tax Key Number 02 -2023- 0548.01, also being a point on the east line of Tax Key Number 02- 2023 -0548; Thence, South a distance of 243.72 feet along the East line of said Tax Key Number 02- 2023 -0548 to the Southeast corner of said Tax Key Number 02- 2023 -0548; Thence, West a distance of 135 feet along the South Line of Tax Key Number 02- 2023 -0548 to the Southwest corner of said Tax Key Number 02- 2023 -0548, also being a point on the East line of Dugdale Acres 2nd Addition; Thence, South a distance of 288 feet along the East Line of Dugdale Acres 2nd Addition to the Northwest corner of Tax Key Number 02 -2023- 0548.10; Thence, East a distance of 510 feet along the North line of Tax Key Numbers 02- 2023 - 0548.10, 02- 2023 - 0548.12, 02 -2023- 0548.09 and 02 -2023- 0548.07 to the Northeast corner of said Tax Key Number 02 -2023- 0548.07; Thence, South a distance of 227 feet along the East line of said Tax Key Number 02- 2023- 0548..07 to the North Right of Way Line of McErlain Street, a 40 feet wide right of way; Exhibit 1 Legal Description Page 2 Thence, East a distance of 363 feet, more or less, along the said. North Right of Way line of McErlain Street and its extension, a:Cs* being the South line of Tax Key Number 02- 2023- 0548.13, to`the Southeast corner of said Tax Key Number 02- 2023- 0548.13, also beziac.: Northeast corner of Tax Key Number 02 -2023- 0548.05; Thence, South a distance of 315 feet, more or less, along the East. =: line of said Tax Key Number 02- 2023 - 0548.05 to the Southeast comes ;r of said Tax Key Number 02- 0548 - 2023.05, also being a point on the North line of Tax Key Number 02- 2023 -0549 also being a South Bend - City Limit; Thence, East a distance of 218 feet, more or less, along the North. line of said Tax Key Number 02- 2023 -0549 and the South Bend City - Limit to the Northeast corner of said Tax Key Number 02- 2023 - 0548 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 Bed -.i City Limit; Thence, East a Distance of 245.00 along the said South line of the;; said Northeast 1/4 of Section 32, T38N, R3E and the South Bend CLt;p:y Limit to East line of said Section 32; Thence, North alone the said East line of Section 32 to the Northeast corner of said section 32, the place of beginning. 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