HomeMy Public PortalAbout034-1994 - SPECIAL ORDINANCE ANNEXING TERRITORY CONTIGUOUS TO TORDINANCE NO. 34-1994
A SPECIAL ORDINANCE ANNEXING TERRITORY CONTIGUOUS TO THE
NORTHWEST CORPORATION LIMITS TO THE CITY OF RICHMOND
WHEREAS the Common Council of the City of Richmond, Indiana, adopted a policy on
annexation, Resolution 5-1980, March 17, 1980, which established guidelines to
be used in conjunction with state statutes in determining areas to be annexed to
the City, and
WHEREAS the real estate described in attached Exhibit A meets the following guidelines set
forth in said policy, to wit:
A. The area proposed for annexation has close physical ties with the city
and would be affected directly or indirectly by decisions of the Common
Council,
B. The economic costs to the area to be annexed are not disproportionate to
the advantages and services the annexed area will receive,
C. The deficit to the city of income against expenses is not unreasonable,
D. The advantages to the city outweigh the disadvantages,
E. The city desires to annex the area,
F. The annexed lands have the advantages of the city,
G. The annexation will square city corporate limits,
H. It is necessary to foster growth and prosperity of the annexing city, and
There is a community of interest between the annexed area and the City
so that the area taken will be naturally and reasonably adaptable to
maintenance by municipal government, and
WHEREAS at least one-fourth of the aggregate external boundaries of the area sought to be
annexed coincide with the existing corporate boundaries of the City of Richmond,
and
WHEREAS the area is needed and can be used by the city for its development in the
reasonable near future, and
WHEREAS the Board of Public Works and Safety of said City has adopted a written fiscal
plan for the provision of municipal services to the area to be annexed, and
developed a definite policy,
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana,
that:
A. The following described real estate is hereby annexed to the City of
Richmond, Indiana, to wit:
Being part of the Southwest Quarter of Section 3, Township 16 North,
Rangy. 14 East; Part of the Southeast Quarter of Section 4, Township
16 North,.Range 14 East; Part of the Northeast Quarter and Southeast
Quarter of Section 9, Township 16.North, Range 14 East; All of
Section 10, Township 16 North, Range 14 East; Part of the Northeast
Quarter, Southeast Quarter and Northwest Quarter of Fractional
Section 15, Township 16 North, Range 14 East; Part of the Northeast
Quarter of Section 16, Township 16 North, Range 14 East; Part of the
Northeast Quarter of Fractional Section 22, Township 16 North, Range
14 East, all in Center Township. Part of'the Southwest Quarter of
Fractional Section 2, Township 16 North, Range 14 East;'All of
Fractional Section 11, Township 14 North, Range"14 East; All of
Fractional Section 14, Township 14 North, Range 14 East; Part of
Fractional Section 25, Township 14 North, Range 2 West; Part of the
Northwest Quarter of Fractional Section 1, Township 13 North, Range 2
West; Northeast. uarter .Northwest Quarter and part of the Southeast
Quarter and Southwest Quarter of Fractional Section 36, Township 14
North, Range 2 West; Part of the Southwest Quarter of Section 30,
Township 14 North, Range 1 West; Northwest Quarter and part of the
Southwest Quarter of Section 31, Township 14 North, Range 1 West all
in Wayne Township, Wayne County, Indiana, more particularly described
as follows:
Beginning at a point on the present corporation line and south
Right -of -Way of Interstate 70, said point described as follows:
Beginning at the Southeast corner of the Southwest Quarter of said
Section 3, Township �6 North, Range 14 East, and running thence north
approximately 997.09 feet to a point;.thence west approximately
1558.39 feet to the true beginning point of this description:
thence, from said beginning point, south 01 degrees 01 minutes 42
seconds west 1000.39 feet along the present corporation line to a
point in the south line of said Section 3; thence north 89 degrees 52
minutes 33 seconds east 1535.00 feet along the south line of said
Section 3 and the present corporation line to a point; thence south
89 degrees 56 minutes 25 seconds east 2676.25 feet along the south
line of said Section 3 and the present corporation line to a point;
said point being the Southeast corner of said Section 3; thence
northward 414.80 feet along the east line of said Section 3 and the
present corporation line to a point; thence south 89 degrees 36
minutes east 1645.33 feet along the present corporation line to a
point; thence south 89 degrees 07 minutes east 1696.90 feet, plus or
minus along the present corporation line to a point; said point being
200 feet west of the east line of said Fractional Section 24,
Township.1.4 North, Range 2 West; thence southward along the present
corporation line parallel to and 200 feet west of the east line of
said Fractional Section 24, to a point on the north line of said
Fractional Section 25, Township 14 North, Range 2 West; thence
southward along the present corporation line parallel to and 200 feet
west of the east line of said Fractional Section 25 to a point on the
south Right -of -Way of Rich Road; thence northeastwardly along the
present corporation line and south Right -of -Way line of Rich Road to
a point on the east line of said Fractional Section 25; thence
southward along the present corporation line and east line of said
Fractional Section 25 to the southeast corner of the Northeast
Quarter of said Fractional Section 25; thence westward along the
present corporation line and south line of the Northeast Quarter of
said Fractional Section 25 1 foot to a point; thence southward along
the present corporation line parallel to and 1 foot west of the east
line of the Southeast Quarter of said Fractional Section 25 to a
point on the north rail of the Cincinnati, Chicago and St. Louis
Railroad (now Norfolk Southern Railroad); thence northwestwardly
along the present corporation line and said Railroad 1461.30 feet,
plus or minus to a point; thence south-00 degrees 11 minutes east
1991.33 feet, plus or minus to a point on the south line of said
Fractional Section 25; thence eastward along the present corporation
and south line of said Fractional Section 25 1305.34 feet, plus or
ni us -to a -point-;- said..point-:being the southeast. corner of the
Southeast Quarter of said Fractional Section 25;.thence northward
along the present corporation line and east line of the Southeast
Quarter of said Fractional Section 25 to the northeast corner of the
Southeast Quarter of said Fractional Section 25; thence south 89
degrees 26 minutes east 1185.58 feet along the present corporation
line and north line of the Southwest Quarter of said Section 30 to a
point; thence south 07 degrees 40 minutes west 1446.10 feet along the
present corporation line to a point; thence south 81 degrees 50
minutes east 330.00 feet along the present corporation line to a
point; thence south 07 degrees 27 minutes west 545.09 feet along the
present corporation line to a point on the north Right -of -Way of The
Pennsylvania Railroad (now Norfolk Southern); thence south 62 degrees
47 minutes east 1548.60 feet, plus or.minus along the present
corporation line and said Railroad Right--of-Way to a point on the
east line of the Southwest Quarter of said Section 30; thence south
00 degrees 38 minutes west 21.27 feet, plus or minus along the
present corporation line and east line of the Southwest Quarter of
said Section 30 to a point; said point being the southeast corner of
the Southwest Quarter of said Section 30; thence southward along the
present corporation line and the east line of the Northwest Quarter
and Southwest Quarter of said Section 31, Township.14 North, Range 1
West to a point on the south Right -of -Way line of the Pennsylvania
Railroad; thence along the present corporation line and said south
Railroad Right -of -Way to a point on the west line of the Southwest
Quarter of said Section 31; thence along the present corporation line
and south Right -of -Way of said Railroad, to a point on the west line
of said Fractional Section 36; said point being on the present
centerline of Salisbury Road; thence southwestwardly and
southwastwardly along the present corporation line and the centerline
of said Salisbury Road to a point; said point being the northeast
corner of territory annexed by ordinance number 3285-1977 and being
more particularly described as the true beginning point in the
description recorded in Plat Book 12, Page 306 in the Wayne County
Recorder's Office; thence south 89 degrees 58 minutes west along the
present corporation line to a point of intersection of a line
parallel to the centerline of said Salisbury Road,and 30 feet west;
thence northwestwardly and northeastwardly along a line parallel to
and 30 feet west of the centerline of said Salisbury Road to a point
of intersection of a line parallel to and 30 feet south of the
present centerline of Crowe Road; thence westward along a line
parallel to and 30 feet south of said Crowe Road extended to a point
of intersection of a line parallel to and 40 feet west of the east
line of said Section 16, Township 16 North, Range 14 East; thence
northward along a line parallel to and 40 feet west of the east line
of the said Section 16, said Section 9, Township 16 North, -Range 14
East, and said Section 4, Township 16 North, Range 14 East to a point
on the south Right -of -Way of Interstate Highway"70; thence
northeastwardly along the said south Right -of -Way to the place of
beginning, containing 1,844.84 Acres, more or less, there being
930.039 Acres, more or less in Center Township, and 914.801 in Wayne
B. Said area shall become a part of Common Council District 5.
C. The written fiscal plan set forth in attached Exhibit A which has been
established as a definite policy of the City's Board of Public Works and
Safety is hereby confirmed and adopted.
D. The zoning classification for the entire area being annexed except those
strips currently being used for utility, road and street right-of-way
purposes is hereby changed to M-2 General Industrial District.
E. The City Clerk shall publish this ordinance pursuant to Indiana Code
3b-4-3-7.
F. This ordinance shall take effect 60 days after its final publication in the
absence of remonstrance and appeal.
.........
Passed and adopted this day o 4, the Commo Council of the
of Richmond, Indiana. ti,
ity
ATTEST'_ Jl,�e_0,_= ! V����4�J City Clerk
(Norma Carnes) ,}�,
PRESENTED to the Mayor of the City of Richmond, Indiana, this —T day of
1994, at 9:00 a.m.
ity Clerk
(Norma Carnes)
A*tE�D by me, Roger Cornett, Mayor of the City o c o , Indiana, this day
of� 1994, at 9:05 a.m.
Mayor
( g ornett)
ATTES :_ _ __,City Clerk
(Norma Carnes)
RICHMOND ADVISORY PLAN COMMISSION
RICHMOND, INDIANA
April 27, 1994
Mr. Larry Parker, President
Richmond Common Council
Richmond, IN 47374
RE: Ordinance No. 34-1994
Please advise the members of Common Council that the Richmond Advisory Plan
Commission conducted a public hearing, Tuesday, April 26, 1994, on the petition of
the City of Richmond, IN; Robert Goodwin, agent; requesting the annexation and
rezoning of one thousand eight hundred and forty-five (1845) acres of land
contiguous to the City's west corporate boundaries.
The planning staff recommended Ordinance No. 34-1994 be amended by adding
"the zoning classification for the entire area being annexed except those strips
currently being used for utility, road and street right-of-way purposes is hereby
changed to M-2 General Industrial District"
The Commission voted 9 to 1 to recommend to Common Council that Ordinance
No. 34-1994 be passed with the amendment as recommended by the Planning
Department staff. It is important to note that both fringe area representatives to the
Planning Commission, who represent non-residents, voted in favor of the request.
Respectfully submitted,
0, 64 6,�
",
Robert Goodwin C�
Executive Secretary
CITY OF RICHMOND
DEPARTMENT OF LAW
50 North 5th Street
Richmond, Indiana 47374
Phone (317) 983-7220
Fax (317) 966-2255
April 13, 1994
Common Council
Richmond, Indiana
RE: Ordinance No. 34-1994
Dear Council Member:
ROGER CORNETT
Mayor
THOMAS S. MILLIGAN
City Attorney
This ordinance will be generally known as the Northwest Annexation Ordinance and should be referred
to Plan Commission for public hearing and recommendation.
The attached map of the proposed annexation area shows 930 acres in Center Township in blue and 915
acres in Wayne Township in yellow. The areas in orange are strips of land currently being used for
utility, road and street right-of-way purposes. The City will maintain these streets and roads as part
of the City Street system. This eliminates the problem created in previous annexations when section
lines were used as corporate boundaries and half of a street or road became part of the City Street
system and the other half remained in the County road system.
Sincerely yours,
Thomas S. Milligan
Enclosures
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Exhibit "A"
FISCAL PLAN
NORTHWEST RNNEHRTION
INTRODUCTION
The City of Richmond is comprised of those areas within the corporate boundaries, as legally
defined on the official city map, and those non-contiguous areas annexed for sanitary,
recreational and airport use.
.The"Richmond-CommuaiWis-compdse l of-.a.:m.uchJargoi areamcensis tng-ofAheiecorporate_d ___.._
municipality and of contiguous unincorporated fringe areas which have close physical, social,
economic, and cultural ties to the City.
Development occurring in these unincorporated fringe areas bears a very close relationship to
the development of the City. Many of the fringe areas within the "Richmond Community"
presently receive City services such as electrical power and sanitation. The contiguous
unincorporated fringe areas of the City of Richmond constitute the City's natural growth area.
City officials have reviewed the boundaries of this proposed annexation area with County
Commissioners to gain their approval.
The State of Indiana recognizes the contiguous unincorporated area as the future growth area of
the City and permits the exercise of planning and zoning jurisdiction in the area to ensure
compatibility of the infrastructure and neighborhoods once annexation occurs.
The Indiana Code sets forth the criteria which a City must follow in determining which portions
of the"Richmond Community" may legally be annexed to the City (I.C. 36-4-3-1 et. seq.).
Simply stated, the State Law reflects the policy - that which is "urban" in character should be
municipal. The statute also allows for the annexation of areas that are still rural in nature
when it can be demonstrated to be necessary to the future growth of the City.
The City of Richmond, Indiana wishes to annex a certain area adjacent to the northwest
industrial park and west of the present City limits. The area is bounded by the western right-
of-way line of Round Barn Road on the west; the southern right-of-way line of Crowe Road on
the south; and the present municipal boundaries from Salisbury Road east and north to
Interstate 70.
The City of Richmond, Indiana needs the proposed annexation area in the reasonably near future
for the growth and development of the City as evidenced by State legislation recently passed
authorizing the City of Richmond to market the State Hospital farm area for future industrial
prospects.
Upon becoming a part of the City of Richmond, governmental and proprietary services will be
made available to the annexed area in conformance with the time periods prescribed by relevant
state law and utility policies and in the same manner as those services are provided to areas
within the corporate boundaries that have similar topography, patterns of land use and
population density. The annexed area meets the criteria for annexation in the manner stipulated
by Indiana Code 36-4-3-1 et. seq. The area sought to be annexed is contiguous to the present
corporate boundary and approximately 84% of the aggregate external boundaries of the
territory to be annexed coincide with the boundaries of the City.
This annexation area is most similar to the development area at the intersection of Interstate 70
and U.S. 40 East. Both areas are ideally suited for future industrial growth with close
proximity to the interstate and easy access to the Norfolk Southern railroad and City utility
infrastructure. Both areas are sparsely populated and are designated by the Comprehensive
Master Plan for future industrial and commercial growth. Topography is flat and secondary
roadways are in good condition.
Gas and water utilities may be made available to this area through private companies regulated
by the Indiana Utility Regulatory Commission. Portions of the proposed annexed area are served
with electricity by Richmond Power & Light, a municipally owned utility. Within 60 days after
the annexation becomes final Richmond Power & Light must file a petition with the Indiana
Utility Regulatory Commission for approval to provide electric service within the remainder of
the annexed area. Indiana Code 8-1-2.3-6(1) provides that the annexing municipality shall
pay the other electricity suppliers the reconstruction cost and new depreciated value for its
utility property located in the annexed area plus severance damages, normally calculated at 2
112 times the previous year's gross revenues from sales to customers in the annexed area. The
estimated cost for such acquisition shall be developed by Richmond Power & Light based upon
information to be obtained from Whitewater Valley REMC and PSI Resources. Such costs are
subject to order of the Indiana Utility Regulatory Commission and shall be paid from Richmond
Power & Light revenues or retained earnings.
The Northwest area will continue to be a major growth area for the commmunity for the next
several decades. Special care will be taken to insure that the development of this land will be in
concert with environmental concerns for protection of existing wetlands in cooperation with the
Army Corps of Engineers. A definite policy and fiscal plan for providing services to the area has
been developed.
The following report describes the area, sets forth a municipal service plan, summarizes the
financial impact of annexation upon the City, and recommends a course of action:
2
BASIC DATA
Location
Northwest of the city; north of Crowe Road and the Penn Central Railroad, and east of
Round Barn Road to present City limits on the north.
2 Total Acres
Approximately 1845 acres
3 Total Street Mileage
Approximately 7.8 miles
4 Population
1990 Census of population; Census Tract 6 shows the annexation area has 2.34 persons
.---per- household: ----Eighty slx hou-se-holds--are.-presentay- within--the--annexation--area..-- The ---_.--.---------
approximate population is 201 persons.
5 !aLLi1Qry Contiguity
The annexation area has a perimeter of 18.5 miles with 15.6 miles, or 84%, of the
boundary contiguous to the municipal boundaries.
6 Townships
Wayne Township, 914.8 acres, more or less; and
Center Township, 930.0 acres, more or less.
SERVICES TO BE PROVIDED TO THE ANNEXED TERRITORY
POLICE PBQIEQTION
Several methods are generally utilized to derive a criteria for police service in a given area.
a. Ratio of officers per population.
b. Cost of police service per acre.
c. Cost of police service per call.
d. Administrative judgement of the Police Chief.
Each method has utilized the basic cost of putting a police officer in the field with all required
equipment and necessary supportive service according to 1994 budget appropriations. Using
the average of these four formulas, the Police Department has determined the estimated cost of
providing police service to the annexation area:
Total Estimated Annual Cost:
$ 21,000.00
3
FIRE PROTECTION
Much of this annexation area is currently serviced by the Richmond Fire Department through a
fire protection contract with Wayne Township. This fire protection service will continue after
the area is annexed. Since this portion of the annexation area is presently served, there are no
direct cost increases to the Richmond Fire Department. However, the fire protection contract
will, in all likelihood, be reduced; therefore, this anticipated reduction has been treated as a
cost in this fiscal plan. The additional area to be served, which is in Center Township, is
adjacent to the present service area and will not present any additional costs to the department
for either manpower or equipment. Based on assessed valuation the costs are as follows:
Total Estimated Annual Cost:
-_PARK .....
$ 9,511.00
The Richmond Park and Recreation Department currently makes available all existing
municipal park facilities and services to the residents of the annexation area. At this time,
there are no plans for constructing parks in the annexation area as the current need does not
require it. Costs shown are a per -capita share of the park systems costs of operation:
Total Estimated Annual Cost: $ 8,223.00
ADMINISTRATIVE AND SUPPORT SERVICES
These services are those provided primarily by the City Departments located within the
municipal building. The City Engineer; Law Department; and Planning and Redevelopment
Department are currently providing services to the area as a result of the two (2) mile fringe
jurisdictional area. All these City Departments will provide necessary support services to the
newly annexed areas at the following costs:
Total Estimated Annual Cost:
PUBLIC WORKS DEPARTMENT
$ 6,040.00
The annexation area contains 7.8 miles of streets which must be maintained by the City of
Richmond, Public Works Department, Street Division. The Street Division will provide street
sweeping ($ 2106), snow removal ($ 2800), pavement sealing and marking ($ 2246), and
new asphalt paving or overlayment ($ 14344), for a total annual cost of $ 21,496.00.
The Richmond Sanitary District will provide trash removal services to residences within the
area (71 residences @ $120) at an annual cost of $ 8,520.00.
Total Estimated Annual Cost: $ 30,016.00
4
BOARD OF PUBLIC WORKS AND SAFETY - CONTRAQTU&
Road rights -of -way will be mowed and maintained through contractural agreements between
the Board of Public Works and Safety and private contractors, the same procedure used for
other rural roads within the city limits (estimated annual cost $6000).
Part-time temporary personnel will be utilized for peak -time services, e.g. snow removal
and leaf collection, under the Street Division budget, (estimated 400 hours at $8.00 per hour,
total annual cost $3200).
Total Estimated Annual Cost:
$ 9,200.00
---. --- --IOTA-L—BSTIMATED--ANN-UAL- AN 4.E-XATION--COST:
CAPITAL EXPENDITURES
3 year obligation:
PUBLIC WORKS DEPARTMENT
With the annexations that have taken place over the years, the Street Division has been
stretched to its limits regarding equipment, personnel, and budget appropriations. The Street
Division cannot provide services of an equivalent standard to the annexation area with the
present personnel and equipment. The capital expenditures will occur in response to
development pressures, with the three year capital improvement plan to provide a new truck
with snow plow, and a portion of the costs of a leaf machine. With that in mind, the following
cost estimates are provided:
Total Estimated Capital Expenditures: $ 71,000.00
REVENUES TO BE DERIVED WITHIN ANNEXATION AREA
GENERAL FUND
ANNUAL REVENUE SOURCM AND E TIMATED RECEIPTS
Alcohol Beverage Gallonage Tax
$
386.00
Cigarette Tax
$
229.00
Cumulative Capital Development Fund
$
840.00
County Adjusted Gross Income Tax
$
11,178.00
General Revenue Excise Tax
$
2,265.00
Real and Personal Property Taxes
$
46,543.00
TRANSPORTATION FUND
ANNUAL REVENUE SOURCES AND ESTIMATED RECEIPTS
Motor Vehicle Highway Fund (100% population derived) n/a
Local Roads and Streets Fund { 60% population derived) n/a
Local Roads and Streets Fund { 40% based on miles of streets } $5,820.00
Total Revenue Transportation Fund $ 5 , 8 2 0.0 0
TOTAL ANNUAL ANNEXATION REVENUE: $67,261.00
ANNUAL COST IN EXCESS OF REVENUE: [ $16, 7 2 9.0 0 ]
Notes:
t The General Fund is used to offset expenses of all departments except the Department of
Transportation.
2 The Wayne County Transportation Fund would record a reduction in receipts as a result
of annexation.
3 The General Fund for the City of Richmond would be utilized to cover the excess costs of
providing services to the annexation area.
4 The Cumulative Capital Development Fund would be utilized to fund the 3-year capital
expenditures program.
RECOMMENDATION
1 .) Upon taking office two years ago the administration embarked on a four (4)
point economic development program. The first step was to annex for light
industrial growth on small parcels southeast of town and to reserve those
areas near the Norfolk Southern railroad and Interstate 70 for commercial and
industrial uses.
The second step is to annex lands to the northwest, along this same railroad,
for heavy industrial uses requiring large land parcels and easy truck access to
Interstate 70.
A third concern was the adaptive reuse of over two million square feet of vacant
industrial space throughout the County. At this time that vacancy figure has been
The fourth goal is the redevelopment of the downtown core area. Substantial
progress has been made downtown with the new Leland Hotel owners,
the proposed Cigna project, the planned removal of the Medical Arts building and
the renovation of the promenade.
2.) The City has designated this Northwest annexation area as a future growth sector
through its' actions in acquiring planning and development control of the land.
The City of Richmond has included the area as a part of its' Master Plan since
1968.
Community planning efforts indicate that the highest and best land use for this
area is a continuation of the industrial growth pattern which will fully utilize
the investments the City has placed in infrastructure over the last 20+ years in
anticipation of growth. Many other factors have come into play in making these
determinations regarding land use; soil suitability, proximity to utilities
sufficient to support planned growth, and transportation infrastructure as well
as past and present land use.
3.) Our analysis of the costs of annexation indicates that the City of Richmond can
provide all necessary services within the time parameters set by state law even
though there is a deficit of income compared to expenses.
Therefore in keeping with our Economic development efforts for all the citizens of Wayne and
surrounding counties and in anticiptation of providing a future for our children and their
families. The administration recommends that this area be annexed to become a part of the City
of Richmond, Indiana'.
N WAnxlrb9%1hc1041394
7
DiSPOSiTiON OF
ORDINANCE NO. 199
RESOLUTION NO. _--.: 199_
by Common Council
Ordinance No.
ResolUti n No. _ Elstro Lundy Brookbank Donat McBride Parker Dickman Allen �lutt�€�
D ale
Susp. rules Ist read
Title only V-
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Proof of Pubiicaton
Seconded+-------- -•--- .,.--------- -- -- --�
Move to 2nd read . _ - o - - I
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Seconded m
Engrossment
-------- - �✓ .......
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Seconded
Susp rules 3rd read f/ .
Seconded
Passage ✓ `� ✓ �" '�
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Rejection__.-,_ --OR- --------------- -•---------- -
Date Passed
COMMrrME ASSI N NTS:
Committee Date
Commitee Hearing Date
Reassigned 10 Council Agenda
PUBLICATION DATES:
AMENDMENTS:
COMMENTS: