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HomeMy Public PortalAbout013-2022 - Voluntary Annexation - Fiscal Plan and Deininite Police for services CITY OF RICHMOND, INDIANA RESOLUTION NO. 13-2022 A RESOLUTION OF THE CITY OF RICHMOND COMMON COUNCIL ADOPTING A FISCAL PLAN AND ESTABLISHING A DEFINITE POLICY FOR SERVICES WHEREAS, IC 36-4-3 ("Act") establishes the procedures by which a municipality, including the City of Richmond, Indiana("City"), may annex real property; WHEREAS, the City is the owner ("Owner") of 100% of certain property located in Wayne County, Indiana as more particularly described on Exhibit A attached hereto (the "Annexation Territory"), which Annexation Territory is "contiguous" to the existing municipal boundary of the City as defined in IC 36-4-3-1.5; WHEREAS,pursuant to IC 36-4-3-5.1,the Owner filed a voluntary petition with the City requesting that the City annex the Annexation Territory; WHEREAS, pursuant to IC 36-4-3-5.1(e), the Common Council of the City of Richmond, Indiana held a duly noticed public hearing on November 21, 2022 regarding the proposed annexation of the Annexation Territory; WHEREAS, the Act requires the City to develop, establish and adopt a fiscal plan and to establish a definite policy for services before adopting an annexation ordinance; and WHEREAS, the City has developed a proposed fiscal plan and definite policy for services ("Fiscal Plan") for consideration by this Common Council. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA, AS FOLLOWS: Section 1. The Common Council hereby adopts the fiscal plan attached hereto as Exhibit C and incorporated herein by reference and establishes a definite policy for services with respect to the Annexation Territory. Section 2. This resolution shall be effective from and after passage and upon compliance with IC 36-4-6-14. PASSED and adopted by the Common Council of the City of Richmond, Indiana, this 5th day of December, 2022. COMMON COUNCIL OF THE CITY OF RIC , INDIANA Pr Officer ATTEST: Karen Chasteen, City Clerk I hereby,certify that the foregoing Resolution was presented to the Mayor of the City of Richmond, Indiana, on the t• day of December, 2022, at_f:14_.m. Karen Chasteen, City Clerk Signed and approved by me, the Mayor of the Ci of Richmond, Indiana, on this 0 61 day of December, 2022, at Lep. avid Snow, a - 2 - EXHIBIT A Legal Description of Annexation Territory SITUATED IN THE SOUTHEAST QUARTER,SECTION 9,TOWNSHIP 16 NORTH, RANGE 14 EAST,CENTER TOWNSHIP,WAYNE COUNTY,INDIANA BEING ALL OF A 160 ACRE TRACT,AS DESCRIBED IN INSTRUMENT 2017009236,AS RECORDED IN THE WAYNE COUNTY RECORDER'S OFFICE,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A MAG NAIL SET AT THE NORTHWEST CORNER OF SAID QUARTER,IN GAAR JACKSON ROAD; THENCE NORTH 89°I5'38"EAST(BEARINGS ARE BASED UPON GPS COORDINATES, PROJECTION SET:USA/NAD83/1NDIANA EAST)2605.30 FEET ALONG THE NORTH LINE OF SAID QUARTER,IN SAID ROAD,TO A MAG NAIL SET AT THE NORTHEAST CORNER OF SAID QUARTER,IN THE INIERS£CPON OF GAAR JACKSON ROAD,AND NORTH ROUND BARN ROAD; THENCE SOUTH 00°33'01"EAST 2673.75 FEET ALONG THE EAST LINE OF SAID QUARTER,IN NORTH ROUND BARN ROAD,TO A MAG NAIL FOUND AT THE SOUTHEAST CORNER OF SAID QUARTER; • THENCE SOUTH 89°13'41"WEST 2637.71 FEET ALONG DIE SOUTH LINE OF SAID QUARTER,TO A COPPERWELD FOUND AT THE SOUTHWEST CORNER OF SAID QUARTER; THENCE NORTH 00°'08'38-EAST 2675.55 FEET ALONG THE WEST LINE OF SAID QUARTER,TO THE POINT OF BEGINNING,CONTAINING 160.954 ACRES,MORE OR LESS. • A- 1 EXHIBIT B FISCAL PLAN This document shall serve as the official Fiscal Plan for a 100% voluntary annexation of certain real estate described and shown on Exhibit A attached hereto (the "Annexation Territory"), as required by Indiana Code 36-4-3-5.1(d) and 36-4-3-13(d). The Fiscal Plan must show the following, as taken from Indiana Code: 1. "The cost estimates of planned services to be furnished to the territory to be annexed. The plan must present itemized estimated costs for each municipal department or agency." a. Police Department — Upon annexation of this area, the Richmond Police Department will be responsible for law enforcement. The agency would need to respond to potential emergency calls regarding theft or other criminal activity. The agency would be able to respond to any calls as part of its current operating budget, and the annexation of the Annexation Territory will not cause any financial hardship to the agency. There is no additional direct cost to the Richmond Police Department resulting from this annexation, as the agency currently services much of the areas adjacent to the Annexation Territory. Should new development occur on the Annexation Territory, it is anticipated that the tax revenue from the new development will be adequate to pay for increased law enforcement costs, if any. b. Fire Department—Upon Annexation, the Richmond Fire Department will provide fire protection and emergency medical services (EMS) to this property. The agency would be able to respond to any calls as part of its current operating budget, and the annexation of the Annexation Territory will not cause any financial hardship to the agency. There is no additional direct cost to the Fire Department resulting from this annexation, as the agency currently services the surround areas adjacent to the Annexation Territory. Should new development occur on the Annexation Territory, it is anticipated that the tax revenue from the new development will be adequate to pay for increased fire protection and EMS costs, if any. c. City Street Department — The City of Richmond Street Depaituient would be responsible for maintenance of all local streets in the Annexation Territory. The proposed annexation, however, will not result in the construction of any new local street. The short amount of additional new street, which is part of Gaar Jackson Road and North Round Barn Road, are short enough that no material additional cost is anticipated. Future development of the Annexation Territory may require additional streets or street improvements, the cost of which will be borne by either the developer/owner or through economic development incentives, if warranted. B - 1 d. Trash collection — Because the Annexation Territory is owned by the City of Richmond, any trash generated on the Annexation Territory is already handled by the City and no new costs are anticipated. Moreover,the acreage is vacant and no significant trash is generated. New development will pay for all trash collection. e. Richmond Sanitary District —The property is currently vacant and farmed. No new or additional costs are anticipated until the property is developed. As part of any development, the owner or developer will be responsible for any extension of sanitary and storm sewer pursuant to the then existing design standards. Consequently, no additional costs or improvements are anticipated as a result of the annexation. f. Water - Water is currently provided by Indiana American Water, and no additional changes or costs to the City are anticipated. The cost to extend any necessary water mains or laterals to develop the property will be paid for by the future owner or developer of the Annexation Territory when developed. g. Electricity - •Electricity is currently provided by Richmond Power & Light, and no additional changes or costs to the City are anticipated since the property is undeveloped. The cost to extend any necessary electrical lines to develop the property will be paid for by the future owner or developer of the Annexation Territory when developed. h. Communications— Communications is currently provided by Richmond Power & Light Parallax Systems, and no additional changes or costs to the City are anticipated since the property is undeveloped. The cost to extend any necessary communication infrastructure to develop the property will be paid for by the future owner or developer of the Annexation Territory when developed or, if warranted, by economic development incentives. i. Natural Gas — Natural Gas is currently provided by CenterPoint Energy, and no additional changes or costs to the City are anticipated since the property is undeveloped. The cost to extend any necessary natural gas mains or laterals to develop the property will be paid for by the future owner or developer of the Annexation Territory when developed or, if warranted, by economic development incentives. j. Department of Infrastructure and Development— No additional costs to the City are expected to be incurred by the City. Costs associated with the development of all or part of the Annexation Territory in the future will be paid by the owner or developer of the applicable portion of the Annexation Territory when developed. k. Parks Department — No new city parks are planned with this annexation. The Annexation Territory itself, is owned by the City of Richmond. No new direct additional costs will be incurred by the Parks Department. B -2 4887-1727-0848.1 1. Administration/Mayor—No additional costs to this department will be incurred as a result of this annexation. The Annexation Territory is currently vacant and the amount of additional time associated with the Annexation Territory is anticipated to be negligible. m. Code Enforcement - No new costs or expenses are anticipated as a result of the annexation of the Annexation Territory. n. Information Technology Department. No additional costs to this department will be incurred as a result of this annexation. The Annexation Territory is currently vacant and the amount of additional time associated with the Annexation Territory is anticipated to be negligible. 2. "The method or methods of financing the planned services. The plan must explain how specific and detailed expenses will be funded and must indicate the taxes, grants and other funding to be used." a. The expenses for the annexation, which are negligible, can be paid from the General Fund as part of general operating costs for the Administration/Mayor. b. No new specific earmark is needed. According to the Wayne County property reports and records, the assessed value of the Annexation Territory is zero since it is owned by the City of Richmond. c. Future expenses should the Annexation Territory be necessary will be paid by the future owner/developer of the applicable part of the Annexation Territory or, if warranted, by economic incentives such as the Cumulative Capital Development Fund, bond issues by the Richmond Redevelopment Commission, and state and federal grants. Consequently,no current costs are anticipated. 3. "The plan for the organization and extension of services. The plan must detail the specific services that will be provided and the dates the services will begin." a. Sanitary and Storm Sewer service (City of Richmond) =Not Applicable (N/A) as the Annexation Territory is currently vacant, and the owner or developer of vacant land within the City must pay for all extensions as part of the development of such property. b. Water service = N/A service already provided by Indiana American Water. The Annexation Territory is currently vacant, and the owner or developer of vacant land within the City must pay for all extensions as part of the development of such property. c. Electricity service =N/A as the Annexation Territory is currently vacant, and the owner or developer of vacant land within the City must pay for all extensions as part of the development of such property. B - 3 4887-1727-0848.1 d. Communication services =Not Applicable (N/A) as the Annexation Territory is currently vacant, and the owner or developer of vacant land within the City must pay for all extensions as part of the development of such property. e. Natural Gas =N/A already provided by third part utility, and the owner/developer of the applicable portion of the Annexation Territory will be required to arrange for any extension with CenterPoint Energy. f. Streets= N/A no new streets are proposed or necessary. g. Fire, EMS and Police=N/A as noted above, no additional costs are anticipated in order to provide these services. No new capital improvements for stations, equipment or personnel are needed as a result of the annexation. 4. "That planned services of a noncapital nature, including police protection, fire protection, street and road maintenance, and other noncapital services normally provided within the corporate boundaries, will be provided to the annexed territory 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 those noncapital services provided to areas within the corporate boundaries regardless of similar topography, patterns of land use, and population density." a. All such services would be provided to the property immediately upon the effective date of the annexation, which is 30 days following approval by City Council, and after the annexation ordinance is recorded with the Wayne County Recorder's Office. The effective date of this annexation is anticipated to be approximately January 5, 2023. 5. "That services of a capital nature, including street construction, street lighting, sewer facilities, water facilities, and stomwater drainage facilities, will be provided to the annexed territory within three (3) years after the effective date of the annexation and in the same manner as those services are provided to areas within the corporate boundaries, regardless of similar topography, patterns of land use, and population density, and in a manner consistent with federal, state,and local laws,procedures, and planning criteria." a. All such services have already been provided or are not needed. 6. "This subdivision applies to a fiscal plan prepared after June 30, 2015. The estimated effect of the proposed annexation on taxpayers in each of the political subdivisions to which the proposed annexation applies, including the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments in those political subdivisions for four(4) years after the effective date of the annexation." a. Because the Annexation Territory is already owned by the City and the City currently pays for all expenses associated with the Annexation Territory, the proposed annexation will have no impact on any taxpayers, and no change is B -4 4887-1727-0848.1 anticipated in the expected tax rates,tax levies, expenditure levels and annual debt service payments for any taxpayers in the City of Richmond or the County of Wayne. 7. "The estimated effect the proposed annexation will have on municipal finances, specifically how municipal tax revenues will be affected by the annexation for four (4) years after the effective date of the annexation." a. Because the Annexation Territory is already owned by the City and the City currently pays for all costs associated with the Annexation Territory, the proposed annexation will have no impact on municipal finances now. Because costs associated with development of the Annexation Territory will be paid by the owner/developer or, if warranted, economic development dollars, four (4) years after the effective date of the annexation no impact on municipal finances is anticipated. 8. "Any estimated effects on political subdivisions in the county that are not part of the annexation and on taxpayers located in those political subdivisions for four(4) years after the effective date of the annexation." a. This annexation will not affect other "political subdivisions" in the county not part of this annexation. Since the Annexation Territory is owned by the City and is exempt from property taxes, the annexation will not impact the assessed value of property in any taxing unit in Wayne County. 9. "A list of all parcels of property in the annexation territory and the following information regarding each parcel:" a. "The name of the owner of the parcel." City of Richmond, Indiana b. "The parcel identification number." State Parcel Number 98-10-09-000-406.000- 03, Local Tax ID: 003-01037-00 c. "The most recent assessed value of the parcel." As of January 1, 2022: Assessed Value: Land $266,900 Assessed Value: Improvements $100,700 Total Assessed Value$367,600 B - 5 4887-1727-0848.1 EXHIBIT A Legal Description of Annexation Territory SITUATED IN THE SOUTHEAST QUARTER,SECTION 9,TOWNSHIP 16 NORTH, RANGE 14 EAST,CENTER TOWNSHIP,WAYNE COUNTY,INDIANA BEING ALL OF A 160 ACRE TRACT,AS DESCRIBED IN INSTRUMENT 2017009236,AS RECORDED IN THE WAYNE COUNTY RECORDER'S OFFICE,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A MAG NAIL SET AT THE NORTHWEST CORNER OF SAID QUARTER,IN GAAR JACKSON ROAD; THENCE NORTH 89°15'38"EAST(BEARINGS ARE BASED UPON GPS COORDINATES, PROJECTION SET:USA/NAD83/INDIANA EAST)2605.30 FEET ALONG THE NORTH LINE OF SAID QUARTER,IN SAID ROAD,TO A MAG NAIL SET AT THE NORTHEAST CORNER OF SAID QUARTER,IN THE INIERS£CPON OF GAAR JACKSON ROAD,AND NORTH ROUND BARN ROAD; THENCE SOUTH 00°33'Ol"EAST 2673.75 FEET ALONG THE EAST LINE OF SAID QUARTER,IN NORTH ROUND BARN ROAD,TO A MAG NAIL FOUND AT THE SOUTHEAST CORNER OF SAID QUARTER; THENCE SOUTH 89°13'41"WEST 2637.71 FEET ALONG DIE SOUTH LINE OF SAID QUARTER,TO A COPPERWELD FOUND AT THE SOUTHWEST CORNER OF SAID QUARTER; THENCE NORTH 00°'08'38'EAST 2675.55 FEET ALONG THE WEST LINE OF SAID QUARTER,TO THE POINT OF BEGINNING,CONTAINING 160.954 ACRES,MORE OR LESS. • B - 6 4887-1727-0848.1