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HomeMy WebLinkAboutCC-04-21-03-02 Fiscal Plan/C253 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON RESOLUTION NO. CC-04-21-03-02 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, ADOPTING A FISCAL PLAN FOR THE ANNEXATION OF PROPERTY CONTIGUOUS TO THE CITY OF CARMEL, INDIANA WHEREAS, well defined long term planning benefits the City of Carmel ("City") and the community at large; and WHEREAS, in recognizing the need and benefit of long term planning, the Common Council of the City of Carmel, Indiana ("Council") is desirous of annexing a certain portion of Clay Township into the City of Carmel (the "Annexation Territory"); and WHEREAS, the Annexation Territory is contiguous to the existing city limits of the City of Carmel; and WHEREAS, a map describing the boundaries of the Annexation Territory is attached hereto and incorporated herein as Exhibit A; and WHEREAS, a legal description of the Annexation Territory is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the Annexation Territory consists of approximately 8.39 acres; and WHEREAS, the Annexation Territory is needed and can be used by the City for its development in the reasonably near further; and WHEREAS, responsible planning and state law require adoption of a fiscal plan and a definite policy for the provision of certain services to annexed areas; and WHEREAS, the Council is desirous of adopting a written fiscal plan for the Annexation Territory; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel of Carmel, Indiana, that: Section One: The Council adopts the Fiscal Plan ("Plan") prior to the adoption of the annexation ordinance for the Annexation Territory, a copy of which is attached hereto and incorporated herein as Exhibit C. Section Two: The purpose of the Plan is to confirm that the City is physically and financially able to provide municipal services to the Annexation Territory pursuant to the Plan. SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON Section Three: The basic services described in the Plan become effective pursuant to the Plan upon adoption of Annexation Ordinance No. C-253. Section Four: The City will provide a copy of the Plan immediately after adoption to the landowner in the Annexation Territory who requests a copy from the Clerk-Treasurer of the City. Section Five: This Resolution shall be in full force and effect from the date of passage, and its publication, as provided by law. Q_~PAS~SED by the Common Council of the City of Carmel, Indiana this~day of 9~,{I ,2003, by a vote of 7ayes and ~ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ~Officer ~ K~~ ~d~ er~sid~t Pr~po~e ~ ~ovsn~~ Robe t ~all ' .L Rundle ~& -' Wa~e ~ilson ATTEST: Di~a L. Cor~ay,~l~-Treas~er ~5~ P ~;:u~y ~crk for P~sente4 by me to the Ma~or of ~e City of C~el, ~di~a, the~ day of Di~a L. Cor&ay, Q~rk~as~efl 2 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON &pprovcd by me, the Mayor of the City of Carmel, Indiana this ~Z~day o£ Jal~es Brainard, Mayor ATTEST: Diana L. Cordray,tClerl(-Treafa~Jer C¢~ ~.' ~ A. Gallaghcr~ ~c;v~ Clcrl~ for Prepared By: 769114 Sue A. Beesley Bingham McHale LLP 10 W. Market Street Suite 2600 Indianapolis, Indiana 46204 3 EXHIBIT A EXHIBIT "B" LEGAL DESCRIPTION ANNEXATION ORDINANCE C-253 KING OF GLORY Part of the West Half of the Northeast Quarter of Section 7, Township 17 North, Range 4 East, being more particularly described as follows: Commencing at the Northwest comer of the West Half of the Northeast Quarter of said Section 7; thence North 00 degrees 12 minutes 46 seconds West a distance of 40.0 feet to a point on the North right of way line of East 106th Street, said point also being located on the south boundary of the Jordan Woods subdivision; thence South 90 degrees 00 minutes 00 seconds East on and along the north right of way line of East 106th Street and the south boundary of Jordan Woods a distance of 410.45 feet to the southeast comer of the Jordan Woods Section 2 subdivision, said point being located on the west boundary of parcel number 17-14-06-04-04-042.000; thence South 00 degrees 12 minutes 46 seconds East along the north right of way line of East 106th Street and the ~vest boundary of parcel number 17-14-06-04-04-042.000 a distance of 23.5 feet to the southwest comer of said parcel 17-14-06- 04-04-042.000; thence South 90 degrees 00 minutes 00 seconds East along the north right of way line of East 106th Street and the south boundary of parcel number 17-14-06-04-04-042.000, the south boundary of parcel number 17- 14-06-00-00-007.000 and the south boundary of parcel number 17-14-06-00-00-006.000, said parcel being commonly known as the New Hope SBC Korean Church a distance of 563.05 feet to a point on the right of way line of Keystone Avenue; thence North 62 degrees 30 minutes 03 seconds East on the right of way line of Keystone Avenue and the south boundary of the New Hope SBC Korean Church a distance of 128.55 feet; thence South 00 degrees 00 minutes 00 seconds East a distance of 151.71 feet to a point on the west right of way line of Keystone Avenue and the PLACE OF BEGINNING of this description; Thence North 62 degrees 30 minutes 03 seconds West along the right of way of Keystone Avenue and the north boundary of parcel number 17-14-07-00-00-004.000, said parcel being commonly known as the King of Glory Lutheran Church, a distance of 66.83 feet to a point on the south right of way line of East 106th Street (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 166); Thence South 90 degrees 00 minutes 00 seconds West along the south right of way line of east 106th Street and the north boundary of parcel number 17-14-07-00-00-004.000 a distance of 342.0 feet to the northwest comer of said parcel number 17-14-07-00-00-004.000 (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 166); Thence South 00 degrees 22 minutes 00 seconds East along the west boundary of parcel numbers 17-14-07-00-00- 004.000 and 17-14-07-00-00-003.101, said parcels being commonly known as the King of Glory Lutheran Church, and the east boundary of the Millbrook subdivision a distance of 670.0 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 166); Thence South 90 degrees 00 minutes 00 seconds East along the south boundary of parcel number 17-14-07-00-00- 003.101 and the north boundary of the Millbrook subdivision a distance of 120.0 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance c166); Thence South 00 degrees 22 minutes 00 seconds East along the west boundary of parcel number 17-14-07-00-00- 003.101 and the noxth boundary of the Millbrook subdivision a distance of 170.0 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C166); Thence South 90 degrees 00 minutes 00 seconds East along the south bonndary of parcel number 17-14-07-00-00- 003.101 a distance of 210.0 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 166); Thence South 69 degrees 30 minutes 36 seconds east along the south boundary of parcel number 17-14-07-00-00- 003.101 and the north boundary of the Millbrook subdivision a distance of 186.61 feet to a point on the west right of way line of Keystone Avenue (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C166); Thence north along the west right of way line of Keystone Avenue and the east boundary of parcel numbers 17-14- 07-00-00-003.101 and 17-14-07-00-00-004.000 to the northeast comer of parcel number 17-14-07-00-00-004.000 (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C50) and the PLACE OF BEGINNING containing 8.39 acres more or less, subject to all legal easements and right of way of record. ALSO: This annexation contains the following parcels: King of Glory Lutheran Church (2) 17 - 14 -07-00-00-004.000 17-14-07-00-00-003.101 There is no additional right of way included in this annexation. EXHIBIT C City of Carmel Annexation Fiscal Plan 2 Parcels - King of Glory Lutheran Church This Fiscal Plan may be inspected at the Department of Community Services, located on the 3'a floor of City Hall, Carmel, IN. Copies of the Fiscal Plan are available to the public for a fee in accordance with city ordinances. Questions related to this annexation can be directed to Michael Hollibaugh, Director, Department of Community Services, City o f Carmel (317-571-2417). Executive Summary of Annexation Impact Summary of Fiscal Impact The following table summarizes the property involved in the proposed annexation and the property tax burden on the annexation area according to the "Online Tax Report" obtained from the Hamilton County website. parcel # taxable value 2002 semi-annual property taxes King of Glory Lutheran Church 17-14-07-00-00-003.001 EXEMPT EXEMPT 17-14-07-00-00-004.000 EXEMPT EXEMPT projected semi-annual property tax increase $0 ' resulting from annexation Annexation of the above properties in the area will result in no tax increase, as the properties are exempt from taxation. Contiguity The annexation territory is substantially more than 12.5% contiguous with the corporate boundaries of the City of Carmel. Annexed Population The proposed annexation is a church and will include no additional population. Annexed Streets & Roads The annexation area is estimated to add approximately 0 miles of streets and roads to the mumcipal thoroughfare system which contains a total of approximately 215 miles of local streets and roads. The streets in the area were developed under development standards without curbs and sidewalks. Therefore, the City will install no curbs and/or sidewalks in the area after annexation. The City will, however, assume responsibility for replacing defective street signs in accordance with City policy. Therefore, the projected fiscal impact of the proposed annexation on the street department is estimated to be less than 1% on the expenses and revenue streams related to thoroughfare miles. It should be noted, however, that Carmel has a number of pending annexations which collectively add potentially significant miles of city street and the costs will accrue. Summary of Municipal Service Impact The proposed annexation involves properties which are already receiving a substantial complement of municipal services, including capital and non-capital services of the Street Department, Fire Department, Police Department, city administration (including planning), and municipal utilities. Some of these municipal services are provided through joinder agreements with the township. All municipal services will be provided to the annexation territory in a manner equivalent to the provision of services to other parcels within the corporate limits. DEPARTMENTAL SERVICES PROVIDED BY JOINDER Many municipal services of the City of Carmel are offered through a joinder agreement with Clay Township. The following services are provided through joinder agreements: fare protection, parks, planning/zoning/community development services, and the communications center. Since these joinder services are provided inside and outside of the corporate limits of the City, the proposed annexation will generate no measurable fiscal impact on the operation of these joinder departments. Instead, the revenues associated with these departments will simply be transferred from the township budget to the municipal budget, thereby generating no net impact on the taxpayer. IMPACT ON POLICE DEPARTMENT The projected fiscal impact of the annexation on the police department is projected to be negligible. Carmel Police already patrol the major corridors serving the property in the annexation territory, as well as answering calls for service in the general area. As a purely technical matter, ifa crime or a call for service were to occur on the property within the annexation territory, the City Police are supposed to defer to the County Sheriff. However, as a practical matter, the technical minutia of such jurisdictional issues is projected to actually cost more than it is worth to enforce, ln fact, the annexation will probably result in a cost savings to the municipality due to clarification of such jurisdictional minutia. However, the only way there would be any practical difference in the cost of mnnicipal police service would be ifa crime were to occur directly on one of these parcels, which is an extremely unlikely occurrence, in statistical terms. Therefore, the projected impact on municipal police services is estimated to be negligible. IMPACT ON STREET DEPARTMENT The projected impact of the proposed annexation on the municipal operation of the Street Department is estimated to cause no additional expenses to the Carmel Street Department. IMPACT ON MUNICIPAL/IDM1N1STP~4TION Thc projected impact of the proposed annexation on the departments involved in municipal administration is projected to also be $0. The practicality of the matter is that citizens in the annexation territory are already free to request administrative services of the City, including phone calls to the Mayor and City Council and offering testimony at public meetings, which are treated with respect and given appropriate response. IMPACT ON MUNICIPAL UTILITIES All of the parcels within the annexation territory will be afforded access to full utility services, as specifically provided by the City's annexation policies, including capital and non-capital water and sewer utility services precisely in accordance with the standard practices of the city utility ordinances, and in accordance with the systems of rates and charges which are administered by the utility departments. The Utility Department estimates the cost of installing water and sewer services in the annexation area to be $0 because the site is already served. Provision of Municipal Services Non-Capital services which are not covered under the jninder agreement with Clay Township will be provided within one year of the effective date of the annexation action. Within the context of the City of Carmel and its joinder service provisions, the non-capital services would include road maintenance by the Street Department and police protection by the Carmel Police Department. Non-capital service costs will be paid through the annual revenues of thc City, including property tax revenues and other municipal revenues, as appropriate. Capital services which are not covered by the joinder service agreements will be provided within 3 years of the effective date of the annexation. At this time, sewer and water capital services are provided to the parcels within the annexation area. If capital services are later identified as necessary and appropriate under the municipal service policies of the municipality, such capital services will be covered through the issuance of some form of municipal debt, with costs to be repaid by property owners in the annexation area, as specified in the City's annexation policies. Other Considerations Land Use The annexation area is currently a church. Needed & Can Be Used The annexation area is needed by the municipality for its development at the present time and in the reasonably near future. The municipality already provides many municipal services to the armexation area, as well as reviewing/approving development proposals for land within the area. Annexing Territory 100% Contiguous with the City The City of Carmel previously approved annexation policies which specifically addressed areas of 100% contiguity with the City, as follows: "As Carmel has developed, there have been areas left outside of its corporate limits which are approaching 100% contiguity (i.e. completely surrounded by the city). A recent map of the incorporated city shows several such areas east of Spring Mill Road. It is, therefore, the policy of the city that such areas be considered for annexation at the earliest practical time, with appropriate consideration of the cost of services to each specific area." This annexation is specifically undertaken due to this policy. Annexation of Indebtedness In any annexation action, the City of Carmel will comply with all statutory requirements regarding the absorption of debt incurred by the unincorporated township for the purpose of providing municipal services to the annexation territory.