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HomeMy WebLinkAboutCC-04-21-03-01 Fiscal Plan/C252 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON RESOLUTION NO. CC-04-21-03-01 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 0.3 8 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-252. 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. (~ PASSED by the Common Councillor the City of Carmel, Indiana thi ay of , 2003, by a vote of ayes and ~) nays. ~ CI~MMON COUNCIL FOR THE CITY OF CARMEL t¥~siding Officer (Lu~e/, President Pro ~pore ove~ (Roba~ll  1~ Cmer Wa~e Wilson ATTEST: / ' , Cede ~ Galla~cr~ /) Presen~ted the Mayo~r of the of me to at,,~?~_,_~ City Carmel, Indiana, th~_~day ,2003, cf. F::~vty CI~ for Di~a L. Cordra~, C~rk-Tr~rer of 2 SPONSORED BY: COUNCILORS KOVEN, SNYDER AND WILSON f/kppr9¥cd by mc, thc Mayor of thc City of Carmel, Indiana this ~-~/~ day of J~es Brainard, Mayor ATTEST: Diana L. Corc[rh~;4~'lerk-Tr~asure'~ Prepared By: 769110 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-252 CLAY TOWNSHIP REGIONAL WASTE DISTRICT LIFT STATION PROPERTY 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 Southwest comer of the West Half of the Northeast Quarter of said Section 7; thence South 00 de~rees 12 minutes 46 seconds East a distance of 30.0 feet to a point on the assumed south right of way line of East 99 Street, said point also being located on the north boundary of the Lakeside Gardens subdivision; thence North 89 degrees 23 minutes 20 seconds East on and along the assumed south right of way line of East 99t~ Street and the north boundary of Lakeside Gardens a distance of 1,292.21 feet; thence North 00 degrees 11 minutes 29 seconds East a distance of 66.06 feet to a point on the west right of way line of Keystone Avenue; thence North 00 degrees 11 minutes 29 seconds East along the west right of way line of Keystone Avenue a distance of 423.94 feet; thence northwesterly along the west right of way line of Keystone Avenue an arc distance of 397.02 feet; thence North 06 degrees 08 minutes 34 seconds West along the west right of way line of Keystone Avenue to the PLACE OF BEGINNING of this description; Thence South 83 degrees 51 minutes 26 seconds West along the west boundary of the Clay Township Regional Waste District property and the east boundary of the Brooks Bend subdivision a distance 50 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 166); Thence North 51 degrees 08 minutes 55 seconds West along the west boundary of the Clay Township Regional Waste District property and the east boundary of the Brooks Bend subdivision a distance of 66.47 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C 166); Thence North 06 degrees 08 minutes 34 seconds West along the west boundary of the Clay Township Regional Waste District property and the east boundary of the Brooks Bend subdivision a distance of 90.0 feet (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C166); Thence North 85 degrees 10 minutes 37 seconds East along the north boundary of the Clay Township Regional Waste District and the south boundary of the Brooks Bend subdivision a distance of 52.83 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 East along the north right of way line of Keystone Avenue 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 C50); Thence south along the west right of way line of Keystone Avenue and the east boundary of the Clay Township Regional Waste District property to the southeast comer of the Clay Township Regional Waste District property (coincident with the corporate limits of the City of Carmel via Annexation Ordinance C50) and the PLACE OF BEGINNING containing 0.38 acres more or less, subject to all legal easements and right of way of record. ALSO: This annexation contains the following parcels: Clay Township Regional Waste District (1) 17-14-07-00-00-003.102 There is no additional right of way included in this annexation. EXHIBIT C City of Carmel Annexation Fiscal Plan 1 Parcel - Clay Township RWD Lift Station This Fiscal Plan may be inspected at the Department of Community Services, located on the 3rd floor of City Hall, Carmel, 1N. 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 of 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 thc 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 Clay Township Lift Station 14-07-00-00-003.102 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 property is owned by Clay Township Regional Waste and is the Clay Township Lift Station, it is exempt from taxation. Contiguity The annexation territory is substantially more than 12.5% contiguous with the corporate boundaries of the City of Cannel. Annexed Population The proposed annexation will include no additional population as it is a Clay Township RWD Lift Station. Annexed Streets & Roads The annexation area is estimated to add approximately 0 miles of streets and roads to the municipal 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. Therefore, the projected fiscal impact of the proposed annexation on the street department is estimated to be 0% 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 those 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 admiinsaation (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 PRO~q~)ED BY JOINDER The following services are provided through joinder agreements: fire 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 thc 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. In.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 municipal police service would be if a crime were to occur directly on one of the annexation 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 projcctcd impact of thc proposed annexation on the municipal operation of the Street Department is estimated to cause additional expenses of approximately 0.0% to thc Carmel Street Department, duc to local streets added by the annexation. IMPACT ON MUNICIPAL .4DMINISTRA TION The projected impact of thc proposed annexation on the departments involved in municipal administration is projected to also be $0. The practicality oftha matter is that citizens in the annexation territory arc already free to request administrative services of thc City, inchrding phone calls to the Mayor and City Council and offering testimony at public meetings, which arc treated with respect and given appropriate response. IMPACT ON MUNICIPAL UTILITIES AIl of the parcels within the annexation territory will be afforded access to full utility services as demanded by the land use, and as specifically provided by the City's annexation policies, including capital and non-capital water and sewer utility services precisely in accordance with thc 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. The City's policy is that owners may request utility service extensions to their property. The cost of these services is projected to be paid in accordance with established City policies where the property owners pay the cost of these capital improvements. Provision of Municipal Services Non-Capital services which are not covered under the joinder 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 the 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, as necessary for the land use. 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 the Clay Township RWD Lift Station. 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 annexation 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.