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HomeMy WebLinkAbout2007-R-11 Resolution No. 2007-R-11 A RESOLUTION ADOPTING A WRITTEN FISCAL PLAN ESTABLISHING A DEFINITE POLICY FOR THE PROVISION OF NON-CAPITAL AND CAPITAL CITY SERVICES TO CERTAIN REAL ESTATE THAT IS CONTIGUOUS TO THE EXISTING BOUNDARIES OF, AND WHICH MAY BE ANNEXED BY SUBSEQUENT ORDINANCE INTO, THE CITY OF JEFFERSONVILLE, INDIANA. WHEREAS, this Common Council of the City of Jeffersonville, Indiana, is the legislative body of the City of Jeffersonville, County of Clark, State of Indiana (the "City"); and, WHEREAS, this Common Council has determined that the six (6) tracts of real estate described in Exhibit "1" attached hereto and incorporated 'herein (collectively, the "Real Estate") are each contiguous to the existing boundaries of the City pursuant to the provisions onc 36-4-3-1.5; and, WHEREAS, this Common Council has determined that the Real Estate statutorily qualifies for annexation under the provisions onc 36-4-3, et seq.; and, WHEREAS, by adoption of this Resolution this Common Council hereby finds that the Real Estate is needed and will be used by the City for its development and growth in the reasonably near future; and, WHEREAS, IC 36-4-3-3.1 requires that a municipality shall develop and adopt a written fiscal plan and establish a definite policy by resolution of its legislative body for the provision of non-capital and capital services in conformity with the provisions of IC 36-4-3-13 prior to enacting an ordinance to annex such real estate into the municipality; and, WHEREAS, at the direction of this Common Council a written fiscal plan entitled "Annexation Plan for the City of Jeffersonville, Indiana" and datedvrf)1\G--- ~ r 2VO-:r 2007, has been developed with the assistance of H. J. Umbaugh & ASSOCIates, Certified Public Accountants, LLP (the "Fiscal Plan"), and such Fiscal Plan has been presented to this Common Council; and; WHEREAS, this Common) Council is desirous of adopting the Fiscal Plan as the definite policy of the City the provision of non-capital and capital services to the Real Estate; and, WHEREAS, this Common Council hereby adopts this resolution in order to fully satisfy such statutory requirements and municipal planning objectives. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, AS FOLLOWS: Section 1. By adoption of this Resolution, the City of Jeffersonville, Indiana, hereby establishes and adopts the written fiscal plan attached hereto and incorporated herein as Exhibit "2" (the "Fiscal Plan") as the definite policy of the City for the provision of non-capital and capital services to the Real Estate prior to consideration of an ordinance to annex the Real Estate into the City. Section 2. The purpose of the Fiscal Plan is to ensure that the City is physically and financially able to provide municipal services of a non-capital and capital nature to the Real Estate in a manner that is beneficial to the City. Section 3. In the event that the Real Estate is annexed into the City by subsequent ordinance properly adopted by this Common Council, it shall be the definite policy of this City to provide services of both a non-capital and capital nature in the manner described in the Fiscal Plan. Any monies necessary for the provision of services as described and itemized in the Fiscal Plan shall be budgeted and appropriated from the applicable City fund or funds pursuant to Indiana law and the City's budget procedure. Section 4. The Clerk-Treasurer of the City shall provide a copy of the attached Fiscal Plan without charge to any landowner within the Real Estate that requests a copy following adoption of this Resolution. Section 5. A public hearing shall be held by this Common Council on an ordinance to adopt the Real Estate into the City on Thursday, June 14, 2007, at 7:00 o'clock p.m., or on such alternate date that this Common Council may hereinafter determine; provided, however, that such hearing is held on a date which is not earlier than sixty (60) days after the date this Resolution is adopted and such ordinance is first introduced, and further provided that notice is provided in accordance with applicable law. All interested parties shall have the opportunity to testify as to the proposed annexation at such hearing. As promptly as practicable after adoption of this Resolution, notice of this public hearing shall be given by the Clerk-Treasurer by (a) publication in accordance with IC 5-3-1, except that the notice shall be published at least sixty (60) days before the hearing, and (b) mailing to each owner of property within the Real Estate as set forth in IC 36-4-3-2.2. Section 6. This Resolution shall be in full force and effect from the later of (a) the date of its passage and adoption by this Common Council, (b) the date of its approval by the Mayor in accordance with the provisions ofIC 36-4-6-14, or (c) the date on which any veto by the Mayor is overridden by this Common Council in accordance with the provisions onc 36-4-6-16. 2 r- n~ -1 2006. SO RESOLVED by this Common Council this 5 ~ day of March, 2007, Attest: Peggy Wil , ...~ lerk- Treasurer KEITH FETZ, Presiden Jeffersonville Common Cou . 3 CERTIFICATE OF PRESENTATION TO MAYOR The undersigned hereby certifies that on the -6- day of March, 2007, the above Resolution was PRESENTED by me, as the duly elected Clerk-Treasurer of the City of Jeffersonville, Indiana, to the Mayor ofthe City of Jeffersonville, Indiana. cw 0J--r--- Peggy ~erk- Treasurer APPROVAL OR VETO BY MAYOR The undersigned, as of this J 5' day of ('III/~ch ' 2007, and as the duly elected Mayor of the City of Jeffersonville, dIana, hereby takes the hereinbelow described action regarding the above Resolution as authorized by the provIr's. ions onc 36-4-6-16 and as evidenced by my signature affixed. below (check below as appro . ate): , I hereby APPROVE this Resolution, which approval was entered within ten (10) days after its presentation by the Clerk-Treasurer to me. I hereby VETO this Resolution, which veto was entered within ten (10) days after its presentation by the Clerk-Treasurer to me. The reason(s) for this veto are as follows (attach additional sheets for explanation as necessary): Note: In the event that no action is taken by the Mayor to either approve or veto this Resolution within ten (10) days after its presentation by the Clerk-Treasurer, then this Resolution shall be deemed as vetoed pursuant to operation of law. The Clerk-Treasurer shall promptly report any such veto to the Common Council of the City of Jeffersonville, Indiana, by not later th' t regular or special meeting following expiration of such period press appr v or veto of this Resolution by the Mayor. Attes~~l~l~ Peggy W , Clerk-Treasurer ROBERT L. W Z, Mayor of the City of Jeffers nville, Indiana 4 CERTIFICATE OF OVERRIDE OF MAYOR'S VETO The undersigned, as the duly appointed President of the Common Council of the City of Jeffersonville, Indiana, hereby certifies that on the day of , 2007, the Common Council of the City of Jeffersonville, Indiana, at its first regular or special meeting following either (i) the express veto of the above Resolution by the Mayor of Jeffersonville within ten (10) days after its presentation to him by the Clerk-Treasurer, or (ii) the failure of the Mayor of Jeffersonville to either approve or veto the above Resolution within ten (10) days after its presentation to him by the Clerk-Treasurer, PASSED and ADOPTED the above Resolution over the veto of the Mayor of Jeffersonville by a two-thirds (2/3) vote of its entire membership. The provisions of the above Resolution shall be fully effective from and after such action of the Common Council in accordance with the provisions of Indiana law. KEITH FETZ, President of the Jeffersonville Common Council Attest: Peggy Wilder, Clerk-Treasurer 5 EXHIBIT "1" TO FISCAL PLAN LEGAL DESCRIPTION OF TRACTS WITHIN THE ANNEXED AREA Tract "A": Being a part of Share #4 in Bowman's Partition as shown in Probate Order Book D, Page 532 in Survey #11 of the lllinois Grant to Clark County, Indiana and being further described as follows: Beginning on the east comer of said Share 4, in the line dividing Surveys #11 and #12, same being a corporation comer of the City of Jeffersonville; Thence S.54001 '40"W., along a corporation line of said city and the line dividing Share 4 and Share 5, 1551.25 feet to a comer of said City; Thence S.54019'19"W., along said corporation line, 220.55 feet to centerline of the Jeffersonville Flood Wall and a comer of said city; Thence northwesterly, along said centerline and a corporation line, 1301.6 feet, to the line dividing Share 3 and Share 4 of said partition plat and a comer of said city; Thence N.54017'21 "E., along a corporation line and said dividing line, 1483.43 feet to the line dividing said Surveys #11 and #12, a comer of said City; Thence S.35030'05"E., along said dividing line and said corporation line, 1279.27 feet to THE PLACE OF BEGINNING. Consisting of approximately 45 acres. Tract "B": Being a part of Surveys #4, 5, 6, 12, 13, 14, 22 and 23 of the lllinois Grant to Clark County Indiana and being further described as follows: Beginning at the south comer of lot #4 in the Estates of Cherokee Heights as shown in Plat Book 11, Page 52 of said county records; Thence N.500E., along a corporation line of the City of Jeffersonville, being the southeast line of said subdivision 376.01 feet to the east comer oflot #3 in said subdivision; Thence N.40oW., along a corporation line and a northeast line of said subdivision, 340 feet to the south comer of Lot 32 in Cherokee Terrace, Unit 2 as shown in Plat Book 7, Page 4 of said county records; Thence N.50oE., along a corporation line and the northwest Right-of-Way line of Bennett avenue, 115 feet; Thence along a corporation line and said Right-of-Way line, 39.27 feet along a curve to the left having a radius of 25 feet and a chord of 35.36 feet to the southwest Right-of-Way line of Cherokee Drive; Thence N.400W., along a corporation line and said Right-of-Way line, 75 feet; Thence S.500W., along a corporation line and the northwest line of said lot #32, 140 feet to the northeast line of said Cherokee Heights; Thence N.40oW., along a corporation and said northeast line, 1238.5 feet to the west comer of Lot 74 in Cherokee Terrace, Unit 4 as shown in Plat Book 9, Page 17 of said county records; Thence N.50ol0'17"E., along a corporate line and the northwest line of said Unit 4,334.14 feet to the west comer of Lot 80 in said Unit 4; Thence So4ooE., along a corporation line and the southwest line of said lot, 100 feet to the south comer of said lot 80; Thence N.50oI0'17"E., along a corporation line and the southeast line of said Lot, 142.15 feet to the southwesterly Right-of-Way line of Pawnee Drive; Thence No4OoW., along a corporation line, and said Right-of-Way line, 100 feet to the north comer of said lot; Thence N.50olO'17"E., along a corporation line, 25 feet to the centerline of said Pawnee Drive; Thence N.39058'07"W., along a corporation line, 521042 feet; Thence S.50009'03''W., along a corporation line, 167.07 feet; Thence S.39058'09"E., along a corporation line, 37104 feet; Thence S.50olO'17"W., along a corporation line, 334.14 feet to said northeast line of said Estates of Cherokee Heights; Thence N.39058'07"W., along a corporation line and said northeast line, 850 feet, more or less, to the south comer of River Forest Subdivision as shown in Plat Book 11, Page 53 of said county records; Thence N.5000 1 '53 "E., along a corporation line and the southeast line of said subdivision, 668.29 feet to the east comer of said subdivision; Thence N.39058'07"W., along a corporation line and the northeast line of said subdivision and said line extended, 1428.52 feet to the southernmost comer of a tract of land described in Deed Drawer 27, Instrument 6876 of said county records; Thence N.60046'E., along a corporation line and the southeast line of said tract, 1085.61 feet to the east comer of said tract; Thence No4oo34'45"W., along a corporation line and the northeast line of said tract, 900 feet to the north comer of said tract; Thence S.39021'06"W., along a corporation line and the northwest line of said tract, 428.62 feet; Thence No4oo29'46"W., along a corporation line, 506.36 feet to the southeast Right-of-Way line of Middle Road also known as East 8th Street; Thence S.II053'43"W., along a corporation line and said right-of-Way line, 74.67 feet; Thence S.17000'50"W., along a corporation line and said Right-of-Way line, 312.05 feet to the line dividing Surveys 4 and 12; 2 n----r-- Thence S.54033'49"W., along said corporation line and said dividing line, 195.68 feet to the northwest Right-of-Way line of said Middle Road; Thence N.14031 '11 "E., along a corporation line and said Right-of-Way line, 158047 feet; Thence N.16031 '01 "E., along a corporation line and said Right-of-Way line, 928.69 feet; Thence No4OoW., along a corporation line, 634.52 feet to the south comer of Allison Courtyards as shown in Condo Plat Book 2, Page 5 of said county records; Thence N.62033'E., along a corporation line and a line of said Allison Courtyards, 644.93 feet to said northwest Right-of-Way line of said Middle Road; Thence N.9043'25"E., along a corporation line and said Right-of-Way line, 54.01 feet; Thence N.63002'45"W., along a corporation line and a line of said Allison Courtyards, 448.16 feet; Thence N.27026'24"W., along a corporation line and a line of said Allison Courtyards, 564.55 feet; Thence N.37012'56"E., along a corporation line and a line of said Allison Courtyards, 297.61 feet to the southwest Right-of-Way line of Allison Lane; Thence No4oo33'10"W., along a corporation line and said Right-of-Way line, 940 feet, more or less, to a comer of the City of Jeffersonville; Thence N.50oE., along a corporation line, (crossing Allison Lane) 52 feet, more or less to the northeast Right-of-Way line of said lane; Thence No4OoW., along a corporation line and said Right-of-Way line, 320 feet, more or less to the northwest Right-of-Way line of Seminole Drive in Indian Hills Subdivision as shown in Plat Book 6, Page 220 of said county records; Thence No49042'E., along a corporation line and the northwest line of said Drive, 435.6 feet; Thence No4OoW., along a corporation line, 444.57 feet to a western comer of said Indian Hills; Thence No49042'E., along a corporation line and the northwest line of said subdivision, 1396.68 feet to the line dividing Surveys #12 and #13; Thence N.35033'25"W., along a corporation line, and the line dividing said Surveys #12 and #13, 1430 feet to the west comer of said Survey #13; Thence N.54036'31 "E., along a corporation line and the northwest line of said Survey 13, 53.65 feet; Thence N.35021 '29"W., along a corporation line, 778.81 feet to the southeast Right-of-Way line of River City Park Road; Thence S.81 o18'34"E., along a corporation line and said Right-of-Way line, 536.78 feet; 3 Thence N.54030'30"E., along a corporation line and said Right-of-Way line, 743.32 feet, to the line dividing Autumn Ridge Apartments & Vissing Park; Thence S.35032'15"E., along a corporation line, and said dividing line, 1442.27 feet to the to the south comer of said Vissing Park; Thence N.54041 '31 "E., along a corporation line and the line dividing Seilo Ridge and Vissing Park, 1284.85 feet to the southwest line of Pebble Creek Subdivision; Thence N.35030'30"W., along a corporation line and said southwest line, 1066.61 feet to the line dividing said Surveys #13 and #22; Thence N.54036'44"E., along a corporation line, said dividing line, and the northwest line of said Pebble Creek, 293.45 feet to the common comer of Surveys #22 and #23; Thence N.36032'15"W., along a corporation line and said dividing line, 2137 feet to a right-of- way line of Herb Lewis Road; Thence S.50oW., along a corporation line and said right-of-way line of Herb Lewis Road, 15 feet; Thence N.36003'37"W., along a corporation line and the southwest right-of-way line of said Road, 1170 feet, more or less, to the southeast Right-of-Way line of East 10th Street (formerly State Highway #62); Thence northeasterly along a corporation line and said Right-of-Way line, 1581 feet, more or less, to the southwest Right-of-Way line of the Clark Maritime Center Railroad Spur; Thence southeasterly and southerly along corporation lines and said Right-of-Way lines, 8724 feet, more or less, to the west comer of a tract ofland described in Deed Drawer 19, Instrument 15017 of said county records, a comer of said City; Thence N.47008'04"E., along a corporation line and the northwest line of said tract, 206.82 feet to the north comer of said tract; Thence S.51054'35"E., along a corporation line and the northeast line of said tract, 187.5 feet to the east comer of said tract; Thence northeasterly, along corporation lines and the centerline of Middle Road, 883 feet, more or less, to a comer of the City of Jeffersonville; Thence N.35013'34"W., along a corporation line, 881.56 feet to a comer of said City; Thence N.54010'26"E., along a corporation line, 938.3 feet, more or less, to a comer of said City; Thence S.35049'34"E., along a corporation line, 508 feet, more or less, to a comer of said City; Thence S.54010'26"W., along a corporation line, 349.8 feet to a comer of said City; Thence S.35049'34"E., along a corporation line, 96.36 feet to a comer of said City; Thence S.54010'26"W., along a corporation line, 208.73 feet to a comer of said City; 4 Thence S.35049'34"E., along a corporation line, 455.86 feet to a comer of said City; Thence S.540l0'26"W., along a corporation line, 1338.27 feet to a comer of said City; Thence N.37045'30"W., along a corporation line, 67.22 feet to the centerline of Middle Road; Thence southwesterly, along corporation lines and the centerline of Middle Road, 3143 feet, more or less, to the northeast line of The Fields of Lancassange, Section 3, as shown in Plat Book 13, Page 18 (if extended northwesterly to the centerline of said Middle Road); Thence S.35045'40"E., along said corporation line and said Section 3 and Fields of Lancassange Section 2 in Plat Book 12, Page 53, 3142.09 feet to the east comer of said Section 2; Thence S.54028'56"W., along said corporation line and the southeast line of said section 2,311.9 feet to the south comer of said section 2; Thence S.36001'll"E., along said corporation line, 836.89 feet to a comer of a tract of land described in Deed Drawer 26, fustrument 8685 of said county records; Thence N.54028'26"E., along said corporation line and a line of said tract, 75 feet; Thence N.35059'43"W., along said corporation line and a line of said tract, 142.06 feet; Thence N.17015'23"W., along said corporation line and a line of said tract, 170.93 feet; Thence N.74050'12"E., along said corporation line and a line of said tract, 606.63 feet; Thence S.73014'39"E., along said corporation line and a line of said tract, 1403.64 feet to a comer of said tract; Thence S.35058'45"E., along said corporation line and a line of said tract and said line extended, 565 feet, more or less, to the west comer of a tract ofland described in Deed Drawer 15, fustrument 279 of said county records; Thence N.58027'37"E., along said corporation and the northwest line of said tract, 438.97 feet to the centerline of Utica Pike; Thence continuing, N.58027'37"E., along said corporation line and the north line of Island View Subdivision in Plat Book 7, Page 51, 591.61 feet to the east comer of said Island View; Thence N.53040'05"E., along said corporation line, 291.78 feet; Thence N.39019'21 "E., along said corporation line, 121.51; Thence S.67007'35"E., along said corporation line, 347.31 feet; Thence S.85021'56"E., along said corporation line, 346.13 feet; Thence N.80003'39''E., along said corporation line, 295.44 feet; 5 Thence S.80040'02"E., along said corporation line, 363.82 feet; Thence N.31 003'07"E., along said corporation line, 222.95 feet; Thence S.54024'19"E., along said corporation line, 350 feet, more or less, to a pointl00 feet northwest of the line dividing the State of Indiana and the Commonwealth of Kentucky; Thence along said corporation line, southwesterly and parallel with said dividing line 12,275 feet, more or less to a comer of said City; Thence N.35055'12"W., along a corporation line, 1172 feet, more or less, to THE TRUE PLACE OF BEGINNING. Consisting of approximately 2,169 acres. Tract "e": Being a part of Surveys #14, 15, 16, 23, 24, 25, 35, 36, 37 and 38 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at the north comer of said Survey #14; Thence S.54028'07"W., along a corporation line of the City of Jeffersonville, being the line dividing Surveys #14 and #24,216.75 feet to the southwest Right-of-Way line of Utica-Sellersburg Road; Thence N.34032'51 "W., along a corporation line of said City being said southwest Right-of-Way line, 1925.13 feet; Thence S.54034'09"W., along a corporation line of said City, 613.79 feet; Thence N.34054'20"W., along a corporation line, 202.51 feet; Thence S.54032'21 "W., along a corporation line, 2038.82 feet to the northeast Right-of-Way line of the Clark Maritime Center Railroad Spur Track; Thence northwesterly, along corporation lines and railroad Right-of-Way lines, 412 feet, more or less, to a comer of said City by ordinance #98-or-39; Thence northeasterly, along a corporation line, 150 feet, more or less, to the northeast Right-of- Way line of Port Road; Thence northwesterly, along a corporation line and said northeast Right-of-Way line, 2355 feet, more or less, to the southeast Right-of-Way line of State Highway 62; Thence northeasterly along a corporation line and said southeast Right-of-Way line, 680 feet; Thence Northwesterly, along a corporation line, 1356.26 feet to the northwest Right-of-Way line of the CSX Railroad; Thence N.19058'54"E., along a corporation line and said northwest Right-of-Way line, 3481.37 feet to the southwest Right-of-Way line of Utica-Sellersburg Road; 6 Thence southeasterly along a corporation line, and said Right-of-Way line, 540 feet, more or less, to the northwest Right-of-Way line of said State Highway 62; Thence northeasterly along a corporation line and said northwest right-of-Way line, 2700 feet, more or less; Thence southeasterly along a corporation line, crossing said Highway 62, 150 feet, more or less to the west comer of the Army Ammunition Plant perimeter fence; Thence southerly, southeasterly, northeasterly and southeasterly., along corporation lines, and said perimeter fence, 12,500 feet, more or less, to the line dividing Surveys #17 and #25; Thence leaving said corporation line, southwesterly, along said dividing line, and the line dividing Surveys #16 and 25, 1800 feet, more or less to the southwest Right-of-Way line of Old Salem Road; Thence S.14018'24"E., along said southwest Right-of-Way line, 838 feet, more or less to an angle point in said Road Right-of-Way line; Thence S.16003'24"E., along said Right-of-Way line, 414 feet, more or less, to the northwest line of a tract ofland described in Deed Drawer 15, Instrument 8478 of said County Records; Thence southwesterly, along said northwest line and the northwest line of a tract of land described in Deed Drawer 8, Instrument 3349,675 feet, more or less, to a steel pin on the west comer of said last mentioned tract; Thence S.36029'05"E., along the southwest line of said tract described in Deed Drawer 8, Instrument 3349 and the southwest line of a tract ofland described in Deed Drawer 28, Instrument 14463, 860 feet to a stone on the south comer of said last mentioned tract; Thence S.36051'49"E., 632.52 feet to an iron pipe on the north comer of Deed Drawer 22, Instrument 11,100; Thence S.54024'31 "W., along the northwest line of said tract, 1665.89 feet to a steel pin on the line dividing Surveys #15 and #16; Thence N.35017'40"W., along said dividing line, 309.6 feet to a steel pin on the north comer of a tract of land described in Deed Drawer 20, Instrument 6882, being also the east comer of a tract of land described in Deed Drawer 28, Instrument 1405; Thence S.49043'47"W., along the line dividing said tracts, 1874.09 feet to the centerline of Utica- Sellersburg Road, being a corporation line of said City; Thence N.390W., along a corporation line and said centerline, 580 feet, more or less, to a comer of said City; Thence S.50oW., along a corporation line, and partially along another centerline of said Utica- Sellersburg Road, 374.71 feet; Thence southwesterly, along corporation lines and said centerline, 418.3 feet; 7 Thence S.51007'33"W., along a corporation line and said centerline, 1177 feet, more or less, to the southwest Right-of-Way line of said Utica-Sellersburg Road (where it turns to the northwest); Thence N.35023'01 "W., along a corporation line, and said Right-of-Way line, 1689 feet, more or less, to the southeast line of Creaghton Cove as shown in Plat Book 13, Page 24 of said County records; Thence N.54035'43"E., along a corporation line, and said southeast line, 15 feet, more or less, to the line dividing Surveys #14 and #15, being the centerline of said Utica-Sellersburg Road; Thence N.35027'23"W., along a corporation line, said dividing line and said centerline, 264 feet to THE PLACE OF BEGINNING. Consisting of approximately 1,770 acres. Tract "D": Being a part of Surveys 33, 34, 35, 36, 37, 47, 48, 49,50,51,67,68,69,91, and 92 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at the common comer of said Surveys 69, 70, 91, and 92; Thence S.50008'53''W., along the line dividing Surveys 69 and 91, 15 feet to the southwest Right- of-Way line of Salem-Noble Road; Thence S36044'52"E., along Right-of-Way line, 4200.55 feet, to the east comer of a tract ofland described in Det:(d Drawer 5, Instrument 1941; Thence S.53041'04"W., along the southeast line of said tract, 1761 feet, more or less, to a steel pin on the north comer of a tract of land described in Deed Drawer 22, Instrument 6821 of said county records; Thence S.36022'11 "E., along the northeast line of said tract, 849 feet to a steel pin; Thence N.53037'49"E., 121.45 feet to a steel pin; Thence S.43029'05"E., 97.73 feet to a steel pin on the line dividing Surveys #51 and 69; Thence S.51 0 15'26"E., 489.72 feet to a steel pin; Thence N.87056'E., 269.31 feet to a steel pin; Thence S.36022'11 "E., 1515.5 feet to the northwest Right-of-Way line of Charlestown Pike (formerly Jeffersonville-Charlestown Pike); Thence N.47030'21 "E., along said Right-of-Way line, 451 feet to a point in the northeast line of Lots 70 and 71 in Windy Pines as shown in Plat Book 12, page 34 of said county records if said northeast line was extended northwesterly to said northwest Right-of-Way line of Charles town Pike; Thence S.42027'41 "E., 284 feet to the east comer of said Lot 70; 8 Thence N.47045'22"E., along a line of said subdivision, 200.14 feet to a comer of said subdivision; Thence S.45041'25"E., along a line of said subdivision, 283.04 feet to a comer of said subdivision; Thence N.47025'33 "E., along a line of said subdivision, 3.72 feet to a comer of said subdivision; Thence S.44013'58"E., along a line of said subdivision, 184.63 feet to a comer of said subdivision; Thence S.48044'55"W, along a line of said subdivision, 72.99 feet to a comer of said subdivision; Thence S.37003'05"E., along a line of said subdivision, 189.25 feet to a comer of said subdivision; Thence S.37035'14"E, along a line of said subdivision, 97 feet to a comer of said subdivision; Thence S.48036'24"W., along a line of said subdivision, 4 feet to a comer of said subdivision; Thence S.41012'35"E., along a line of said subdivision 98 feet to a comer of said subdivision; Thence S.42036'05"E., along a line of said subdivision, 208.14 feet to a comer of said subdivision; Thence S.48019'49"W., 927.1 feet to the north comer of Windy Pines Subdivision Unit 3 as shown in Plat Book 13, Page 52 of said county records; Thence S.33038'06"E., along a line of said subdivision, 450.63 feet to a comer of said subdivision; Thence S.56030'07"W., along a line of said subdivision 134.7 feet to a comer of said subdivision; Thence S.33029'42"E., along a line of said subdivision, 191.41 feet to a comer of said subdivision; Thence N.56023'11 "E., along a line of said subdivision, 133.4 feet to a comer of said subdivision; Thence S.33038'08"E., along a line of said subdivision and said line extended, 800 feet, more or less, to the southeast Right-of-Way line of State Highway 62 being a corporation line of the City of Jeffersonville; Thence southwesterly along a corporation line and said Right-of-Way line, 3550 feet, more or less, to a point on the northwest line of the U.S. Military Reservation Indiana Army Ammunition Plant; Thence northwesterly, along a corporation line, 400 feet, more or less, to the southeast Right-of- Way line of Shungate Road; Thence southwesterly along a corporation line and said Right-of-Way line, 2400 feet, more or less, to the northeast line of a tract ofland Described in Deed Drawer 16, Instrument 12,536 if said line were extended southeasterly to said Right-of-Way line; 9 Thence northwesterly along a corporation line and said northeast line and its' extension, 512 feet, more or less, to the southeast line Right-of-Way line of the Southern Indiana Railroad; Thence southwesterly along a corporation line and said Right-of-Way line, 672 feet, more or less to the centerline of Utica-Sellersburg Road; Thence southwesterly and northwesterly along a corporation line and said railroad Right-of-Way line, 2050 feet, more or less, to the southeast Right-of-Way line of Charlestown Pike; Thence southwesterly along a corporation line and said Right-of-Way line, 5250 feet, more or less, to a comer of said City; Thence N.36017'27"W., along a corporation line, 430 feet, more or less, to a comer of said City by Ordinance #2004-0R-6; Thence N.51 014'48"W., along a corporation line, 343.36 feet to the southeast Right-of-Way line of Jeffersonville Limited; Thence So44009'22"W., along a corporation line, and said Right-of-Way line, 1434.91 feet; Thence No40030'W., along corporation line, 110 feet, more or less, to the south comer of Meadow Springs Subdivision as shown in Plat Book 11, Page 32 of said county records; Thence No44009'22"E., along a corporation line, and the southeast line of said subdivision, 589.03 feet to the east comer of said subdivision; Thence No40030'W., along a corporation line and the northeast line of said subdivision, 1023.91 feet to the north comer of said subdivision; Thence S.50038'47"W., along a corporation line and the northwest line of said subdivision, 580.12 feet to the line dividing said Surveys 34 and 35, and the east line of The Meadows, Unit 6 as shown in Plat Book 9, Page 22 of said county records; Thence N.35017'47"W., along a corporation line being said east line, 590 feet, more or less to the north comer of said Unit 6; Thence S.54057'02"W., along a corporation line, being the northwest line of said Meadows subdivision, 3450 feet, more or less to a comer or said city by ordinance #92-or-52; Thence N.34032'41 "W., along a corporation line and the northeast line of the YMCA tract, 447.78 feet; Thence S.36032'35"W., along a corporation line, 147.15 feet; Thence 186.76 feet along said Right-of-Way line on a 950.36 foot radius curve to the right being subtended by a chord bearing S. 47056'Ol"E, 186.76 feet; Thence S.52036'01 "W., along a corporation line, 213.5 feet; Thence S.54048'l1 "W., along a corporation line, 645044 feet to the west Right-of-Way line of Hamburg Pike; 10 Thence N.15'38'09"W., along said Right-of-Way line, and a corporation line, 559.05 feet; Thence S.63004'10"W., along a corporation line, 357.81 feet; Thence N.15059'50"W., along a corporation line, 118.15 feet; Thence S.43005'14"W., along a corporation line, 345.72 feet; Thence S.oo59'57"E., along a corporation line, 703.09 feet; Thence N.73033'42"W., alorig a corporation line, 643.45 feet to a point 100 feet east of the east right-of-way line of the Conrail Railroad; Thence Northerly, parallel to said railroad, 500 feet, more or less, to the former line between George Pfister and Marvin Crum, (being 365 feet, more or less, south ofthe south Right-of-Way line of Coopers Lane formerly Potters Lane); Thence Westerly, along a corporation line 75 feet; Thence Northerly, along a corporation line, parallel to said railroad, 3700 feet, more or less; to a corner of said City by ordinance #70-or-18; Thence Easterly, along a corporation line, 75 feet to a point in Lot 14 in Cementville as shown in Plat Book 3, Page 73 of said county records; Thence Northerly, parallel to said railroad, 4239 feet, more or less, to the centerline of Silver Creek; Thence following said centerline, upstream in a generally northeasterly direction, 31,324 feet, more or less, to the northwest line of Skyline Acres, Section 3, if said line were extended southwesterly to said centerline; Thence N.55024'17"E., along the northwest line of said subdivision and its' extension 2113 feet, more or less, to the southwest Right-of-Way line of Salem-Noble Road; Thence S.35000'43"E., along said Right-of-Way line, 970 feet, more or less, to the north line of Whispering Oaks Subdivision, Section 1, as shown in Plat Book 11, Page 69 of said county records, if said line were extended southwesterly to said southwest Right-of-Way line of Salem-Noble Road; Thence N.50o 10'52"E., along the northwest line of said subdivision and its' extension, 926 feet to a corner of said subdivision; Thence N.44059'01 "W., along the west line of Lot 83 in said subdivision and the west line of Lot 141 in Whispering Oaks subdivision, Section 2 as shown in Plat Book 12, Page 68 of said county records, 264.26 feet to a corner of said Section 2; Thence N.500 10'08"E., along the northwest line of said Section 2, 1478.13 feet to the north corner of said Section 2; Thence S.39053'42"E., along a northeast line of said subdivision, 981.32 feet; 11 Thence S.41018'32"E., along a line of said subdivision, 484.38 feet to the line dividing said Surveys 70 and 92; Thence S.50008'53''W., along said dividing line, 2375.75 feet to THE TRUE PLACE OF BEGINNING. Consisting of approximately 3,562 acres. Tract HE": Being a part of Surveys 53 and 71 of the Illinois Grant to Clark County, Indiana and being further described as follows: Beginning at the southernmost comer of Falcon Crest Subdivision as shown in Plat Book 13, Page 8 of the Clark County, Indiana Records; Thence N.36028'36"W., along the southwest line of said subdivision, 1320.85 feet to a western comer of said subdivision; Thence N.54047'20"E., along a line of said subdivision, 293.29 feet to a comer of said subdivision; Thence N.36021'll"W., along a line of said subdivision, 148.45 feet to a comer of said subdivision; Thence N.53048'15"E., along a line of said subdivision, 868.63 feet to the northernmost comer of said subdivision; Thence S.46049'24"E., along a line of said subdivision, 345.7 feet to the southeast Right-of-Way line of Falcon Drive; Thence along said Right-of-Way line 43.77 feet on the arc of a 345.7 foot radius curve to the left (concave northwesterly) being subtended by a chord bearing N.39032'59"E., 43.74 feet to the northern most comer of Lot 47 in said subdivision; Thence S.54004'38"E., along a line of said subdivision and said line extended, 390 feet, more or less, to the southeast Right-of-Way line of the C.S.x. Railroad; Thence N.22009'08"E., along said Right-of-Way line, 780 feet, more or less to the north comer of a tract of land described in Instrument #20040498 of said County records; Thence S.67050'48"E., along the northeast line of said tract, and said line extended, 1000 feet, more or less, to the southeast Right-of-Way line of State Highway 62 being also the corporation line of the City of Jeffersonville; Thence Southwesterly along said corporation line and said Right-of-Way line 4500 feet, more or less, to the northeast Right-of-Way line of Stacy Road, if extended southeasterly to said southeast Right- of-Way line of State Highway 62; Thence N.36004'W., along said Right-of-Way line and its' extension, 1250 feet, more or less, to the southeast Right-of-Way line of said railroad; 12 Thence N.22009'08"E., along said Right-of-Way line, 1450 feet, more or less, to the southwest line of said Falcon Crest subdivision if extended southeasterly to the southeast Right-of-Way line of said Railroad; Thence N.36028'36"W., along said extended line, 80 feet, more or less, to THE PLACE OF BEGINNING. Consisting of approximately 160 acres. Tract "F": Being a part of Surveys #22 and #35 of the illinois Grant to Clark County, Indiana and being further described as follows: Beginning at the south comer of said Survey #35 being on the Corporation Line of the City of Jeffersonville; Thence N.34055'27"W., along a corporation line of said City being the line dividing Surveys #34 and #35,28.03 feet to the northwest Right-of-Way line of Charlestown Pike; Thence N.55029'42"E., along said Right-of-Way line and a corporation line, 223.45 feet; Thence N.77052'03"E., along said Right-of-Way line, and a corporation line 31.9 feet; Thence S.46043'14"E., along a corporation line, 21.28 feet to the centerline of Charles town Pike; Thence northeasterly, along said centerline and a corporation line, 1661 feet, more or less, to the south comer of a tract of land described in Computer #200310160 of said county records; Thence S.36017'27"E., crossing said pike, 20 feet, more or less, to the southeast Right-of-Way line of said pike; Thence southwesterly along said Right-of-Way line and a corporation line, 1350 feet, more or less to a north line of Landsburg Cove, Section 5 as shown in Plat Book 12, Page 16 of said county records; Thence S.70058'40''E., along the northeast line of said Section 5, and a corporation line, 256.99 feet, more or less, Thence N.56025'23"E., along a corporation line, 581.45 feet; Thence N.34049'27"W., along a corporation line, 11.03 feet to the south comer of Landsburg Cove, Section 1, as shown in Plat Book 10, Page 82 of said county records; Thence N.55041'52"E., along a corporation line and the southeast line of said Section 1, 586.23 feet to the south comer of Landsburg Cove, Section 2 as shown in Plat Book 10, Page 83 of said county records; Thence N.5504I'52"E., along a corporation line, 380 feet to the southwest line of Landsburg Cove, Section 4 as shown in Plat Book 11, Page 54 of said county records; 13 Thence S.33002'34"E., along a corporation line and said southwest line, (passsing the south comer of said section 4 at 754.23 feet) 826.3 feet to the southeast right-of-way line of the former CSX Railroad; Thence S.23012'31"W., along a corporation line and said Right-of-Way line, 2885 feet, more or less, to a comer of said City by ordinance #95-0R-38; Thence S.51 oW., along a corporation line, 224.33 feet; Thence NA5052'W., along a corporation line, 241.69 feet; Thence N.22035'08"W., along a corporation line, 52.12 feet; Thence NAOoW., along a corporation line, 235 feet; Thence N.28017'E., along a corporation line, 435.54 feet; Thence N.71 o38'30"W., along a corporation line, 129.6 feet to the southeast Right-of-Way line of Hammons Lane; Thence N.lOo59'15" W., along a corporation line, 57.36 feet to the northwest Right-of-Way line of said lane; Thence NAOoW., along a Corporation line 270 feet; Thence SA9040'W., along said corporation line and the northwest line of said tract, 350 feet; Thence NAOoW., along a corporation line, 1210 feet, more or less, to the original northwest Right-of-Way line of Char1estown Pike; Thence N.38057'30"W., along a corporation line, and said Right-of-Way line, 400 feet, more or less, to the line dividing said Surveys #22 and #35; Thence S.50017'40''W., along a corporation line and said dividing line, 200 feet, more or less, to THE PLACE OF BEGINNING. Consisting of approximately 100 acres. 14 EXHIBIT "2" TO FISCAL PLAN* ANNEXATION FISCAL PLAN '-------. FOR THE . CITY OF JEFFERSONVILLE, INDIANA AREASA-F February 15, 2007 DRAFT Prepared by: H.J. Umbaugh & Associates Certified Public Accountants, LLP Indianapolis, Indiana * Final text changes are being made and final version will be substituted by amendment at meeting on March 5, 2007. Page(s) Introduction.... ....... ... ..... ....... ... .... ................... ......... ...... ........ ........ ...... ................ ... .........1 Section I Area Description A L . A S' d C . . . ocatlOn, rea lze an ontIgmty..............................................2 B. Current Land Use...... ................... ......... ......... ...............................2 C. Current Population ............... ...... ... ....... ..... ...... .................. ... ... .... ..2 D. Current Zoning.... .......................... ....... ..... ........ ........... ........... .... ..2 E. Real Property Assessed Valuation................................................3 F. Council District..... ........................................................................3 Existing Utility Services A. Water ...... ....... ..... .... ......... .... ..... ... ........... .... ....... ...... ......... ......... ..4 B. Wastewater. .......... ..... ... ............ ...................... ........... ..... ................4 C. Natural Gas ............... ......... ........ ............ ...... ...c...... ..... ... ......... ......4 D. Electricity...... ..... .... ......... ....... ...... ... ................ ....... ..... ..................4 E. Telephone...... ... ......... ..... .... .... ........ .......................... .....................4 Section III Existing Governmental Services A. Police..... ...... ..... ..... ............ ............ ........ .......... ................. ..... .... ..5 B. Fire........ ............ ... ............ .......... .............. ... .......... ............. ..... ...5 C. Emergency Medical Services.. ....... ......... ... .... ... ......... ... .......... .... ..5 D. Parks... ..... .... ... ... ................ ......... ..... ..... ......... ......................... ......5 E. Planning, Building and Zoning ................ .................... ...... ........... 5 F. Streets and Street Lights ..... ......................... ..... ............................5 G. Solid Waste.... ................... .................. ........................... ..............6 Section IV Capital Improvements A. Cost of Services .............................................. ......... ......... ......... ...7 B. Water Service............................................. .......... ............ ......... ....7 C. Wastewater Service...... ...... .... ... ..... .......... ........ .............................7 D. Storm Drainage .................................... ......... ......... ......... ..............7 E. Street Maintenance and Construction.. ...... ........ ....... ....................8 F. Trash Collection and Recycling....................................................8 G. Street Lighting ......... ............... ...... ...................... ....... ................. ..8 Non-Capital Improvements A. Cost of Services ...................... .............. .................... ....................9 B. Police Protection.......... ... ................................... ........................... 9 C. Fire Protection and Emergency Medical Services........................9 D. Street Maintenance................................... .......... .... .... ..... ...........10 E. Trash Collection and Recycling...... ......... ................. ..................1 0 F. Storm Drainage........... ... ..................................... ................. .......10 G. Animal Shelter ... ........ .......... ........... ......... .................... ............. ..1 0 H. Parks....... .... ...... ... .... .......... ............ ........ .... ........ ................... ......10 1. Human Resources .............. ........................... ..............................11 J. Planning and Zoning ............................................... ....................11 K. Building Commission ................................... ..................... .........11 L. Governmental Administrative Services ......................................11 Fiscal Impact... ... ...... .... ... ............................ ............ ................ .........12 Assumed Indebtedness ..... ........... .......... .......... ...... ...... ........................ .13 Statutory Requirements..... ......... .... ...... ............ ................. ... .............. .14 Section II Section V Section VI Section VII Section VIII TABLE OF CONTENTS Appendix I Estimated Assessed Value and Tax Rate Impact Appendix II Map of Annexation Area Appendix III State Law Requirements INTRODUCTION The following fiscal plan (the "Fiscal Plan") is for the proposed annexation of the area consisting of parcels within and to the north, east and west of the existing city limits (the "Annexation Area"). The Annexation Area is adjacent to the City of Jeffersonville (the "City"). The purpose of this document is to comply with Indiana Code 36-4-3-13 (d). The requirements of the code mandate the development and adoption of a written fiscal plan and the establishment of a definite policy by resolution of the City CounciL The Indiana Code states that this fiscal plan must include and provide: 1) The cost estimates of planned services to be furnished to the territoIY to be annexed. The plan must present itemized estimated costs for each municipal department or agency; 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; 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; 4) That planned services of a non-capital nature, including police protection, fire protection, street and road maintenance, and other non-capital services normally provided within the corporate boundaries will be provided within one (1) year after the effective date of annexation, and that they will be provided in a manner equivalent in standard and scope to those non-capital services provided in areas within the corporate boundaries regardless of similar topography, patterns ofland use, and population density; and 5) That services of a capital improvement nature, including street construction, street lighting, sewer facilities, water facilities, and stormwater drainage facilities, will be provided to the annexed territoIY 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, 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. This Fiscal Plan may include additional materials in connection with the foregoing. This Fiscal Plan was developed through the cooperative efforts of the City's various administrative offices, the City's financial advisors, Umbaugh, and Blankenbeker & Son Land Surveyors Inc., P. C. This fiscal plan is the result of an analysis of the proposed annexation area. For the reasons described in the balance of the Fiscal Plan, the annexation meets the statutoIY requirements set forth in Indiana Code 36-4-3-13. The Annexation Area is contiguous to the City, the Annexation Area is needed and can be used by the municipality for its development in the reasonably near future, and there is a written Fiscal Plan, herein provided, that has been approved by the City Council. 1 SECTION I AREA DESCRIPTION A. Location. Area Size and Conti2Uitv The proposed Annexation Area is located within and on the north, east and west sides of the existing corporate boundaries of the City. A map of the area has been included and is shown in Appendixll. The area is approximately 7,179 acres. The perimeter boundary of the Annexation Area totals 239,352 lineal feet, of which approximately 167,507 lineal feet is contiguous to the existing City boundaries. Thus, 70% of the boundary of the total Annexation Area is contiguous with the current boundaries of the City. Contiguity broken down by individual area is: A - 100%, B - 100%, C- 79%, D - 38%, E - 36%, and F - 99.8%. B. Current Land Use The majority of the Annexation Area consists of residential buildings. Other current or permitted uses of the land are commercial, industrial and agricultural. C. Current Population The current population of the Annexation Area is estimated at 8,967. This figure was arrived at by multiplying the number of households in the annexation area by the persons per household figure in the 2000 Census for Clark County. The number of households in the annexation area is estimated based on the number of parcels in the area that have residential improvements. Households 3,660 Population per Household x 2.45 Estimated Population 8 967 D. Current Zonin2 The Annexation Area is currently under the jurisdiction of the Clark County Plan Commission. The Annexation Area consists of one or more of the following zoning districts: Cl :Conservancy Zone, Al : Agricultural Zone, RS:Suburban One-Family Residence Zone, Rl : One-Family Residence Zone, R2:Limited Multi-Family Residence Zone, R3 :Multi-Family Residence Zone, B 1 :Limited Business Zone, B2:Roadside Business Zone, B3:General Business Zone, Ml:General Industrial Zone, M2:Heavy Industrial, and M3:Hazardous Waste Disposal. The City of Jeffersonville Department of Planning and Zoning will assume the responsibility for planning and zoning as a result of the proposed annexation. Certain annexed parcels in this area are expected to be rezoned to be compatible with the City's current zoning classifications. An analysis is being conducted by a Professional Land Planner, Jim Urban with Land Design and Development, to determine if there are any exceptions, which will be identified in the annexation ordinance. 2 E. Real Property Assessed Valuation The net assessed valuation for land and improvements in the Annexation Area is $408,561,027. This represents the assessed value as of March 1, 2005 for taxes payable 2006. F. Council District The Annexation Areas on the attached map shall be assigned to City Council Districts as follows: Existing: Township and Precinct # City Council District After Annexation Jeffersonville - 20 Jeffersonville - 21 Jeffersonville - 22 Jeffersonville - 23 Jeffersonville - 24 Jeffersonville - 25 Utica - 2 Utica - 3 Utica - 4 3rd District 3rd District 3rd District 4th District 5th District 2nd District 4th District 2nd District 2nd District 3 SECTION n EXISTING UTILITY SERVICES A. Water The Annexation Area is currently served by Watson Rural Water Co., Riverside Water Company, Sellersburg Water, Indiana-American Water, and Oak Park Conservancy District. B. Wastewater Parts of the Annexation Area are served by Oak Park Conservancy District and the City of Jeffersonville; however, a portion of the Annexation Area is currently not being served. C. Natural Gas The Annexation Area is currently served by Vectren. D. Electricity The Annexation Area is currently served by Duke Energy and Clark County REMC. E. Teleuhone AT&T and Insight Communications currently provide telephone services to the majority of the Annexation Area. 4 SECTION III EXISTING GOVERNMENTAL SERVICES A. Police The Clark County Sheriff's Department currently provides law enforcement service to the Annexation Area. Beginning on midnight of 12/31/08, the City will perform primary law enforcement duties in the Annexation Area In the interim period, Jeffersonville will provide mutual aid in the Annexation Area. B. Fire The Annexation Area is currently served by the Utica Township Volunteer Fire Department and the McCulloch Volunteer Fire Department Beginning on midnight of 12/31/08, the City will provide fire service to the Annexation Area C. Emer!!:encv Medical Services The Clark County EMS provides emergency medical services to the Annexation Area and will continue to do so upon annexation. The Jeffersonville Fire Department will provide first responder medical service to the area beginning on midnight of 12/31/08. D. Parks The Annexation Area contains three existing parks, which are maintained by the City of Jeffersonville. There is a combination of approximately 36 park and recreation facilities in the City available for all residents. E. Plannin1!:. Buildin!!: and Zonin!!: The Annexation Area is currently under the jurisdiction of the Clark County Building Commission, the Clark County Plan Commission, and the Clark County Board of Zoning Appeals. The services provided by these offices include comprehensive planning, zoning administration and building code regulation and enforcement. The City of Jeffersonville Department of Planning and Zoning and the Ci ty of Jeffersonville B uil ding Commission Office will take over these roles in the Annexation Area beginning on midnight of 12/31/08. F. Streets and Street Li2hts All dedicated streets and the county roads in the Annexation Area are currently maintained by Clark County. The Jeffersonville Street and Sanitation Department will be responsible for maintaining the roads in the area beginning on midnight of 12/31/08. It is anticipated that the City of Jeffersonville, along with Duke Energy, will be adding streetlights to some parts of the Annexation Area in accordance with the City's existing policy. 5 G. Solid Waste Clark County provides limited recycling and solid waste disposal services to the Annexation Area. This service is also provided to residents in the Annexation Area by private firms. Beginning on midnight of 12/31/08, the City will provide trash, recycling, and yard waste removal to residents of the Annexation Area. 6 SECTION IV CAPITAL IMPROVEMENTS REQUIREMENTS A. Cost of Services The Annexation Area was evaluated to determine the services and facilities required to provide the same type of services and in the same manner as services that are currently provided within the existing City's corporate limits. The City will provide all necessary capital improvements to the Annexation Area by midnight of 12/31/10 in a manner equivalent in standard and scope to those capital services provided to areas within the City regardless of topography, patterns ofland use, and population density. B. Water Service Watson Rural Water Co., Riverside Water Company, Sellersburg Water, Indiana-American Water, and Oak Park Conservancy District are currently responsible for serving the Annexation Area and this will continue following annexation. No additional costs will be incurred by the City regarding the providing of water service. c. Wastewater Service Oak Park Conservancy District and the City are currently providing service in a portion of the Annexation Area. The City anticipates the need to spend $6,189,950 in the area for sewer improvements. (See the attached plans prepared by Jacobi, Toombs and Lanz, Inc.) It is anticipated that financing for the improvements will be from a sewage works revenue bond issue. Other extension costs in the area will be borne by developers. As additional housing units are constructed in the Annexation Area, additional hook-ups will be added to the sewer system. The cost of these hook- ups will be based on equivalent dwelling unit charges and will be covered by the payment of availability, tap, and/or connection fees. Oak Park Conservancy District will continue to serve the area within the boundaries of their conservancy district. D. Storm Draina2:e Storm drainage infrastructure throughout the Annexation Area will be consistent with the City's current storm drainage infrastructure throughout the City. Oak Park Conservancy District will continue to maintain the area within the boundaries of their conservancy district with the exception of Lancassange Creek and roadside drainage. Drainage projects within the annexed areas are to be completed with funding from the drainage fee charged to residents of these areas. The annexation will create the need for 2 new dump trucks and 1 new chipper truck. This will require art estimated capital expense of $210,000 to be paid for with monies from the Drainage Fund as supplemented by new revenues from the annexation levy appeal. 7 E. Street Maintenance and Construction Construction of any new streets within the developments in the Annexation Area will be the responsibility of the appropriate developer in accordance with the City Code. Jeffersonville does not anticipate that any existing thoroughfares will need to be reconstructed within three years of the annexation. However, the City will continue to seek out grants that, along with additional revenues from MVH and LR&S, could be used for any unanticipated expenses. There will be some additional capital expenses for street maintenance due to the need for 1 new street sweeper, 1 new Gradall, 2 new mowers, and 3 new salt trucks. This will require an estimated capital expense of $488,600 to be paid for with a combination of monies from the Motor Vehicle Highway Fund and Local Road and Street Fund as supplemented by new revenues from the annexation levy appeal. F. Trash Collection and Recyclin2 Trash collection and recycling throughout the Annexation Area will be consistent with the City's current trash collection and recycling policies throughout the City. The annexation will create the need for 2 new garbage trucks, 1 new yard waste truck, 2 new chipper trucks, and 1 new chipper. This will require an estimated capital expense of $584,000 to be paid for with monies from the Sanitation Fund as supplemented by new revenues from the annexation levy appeal. G. Street Li2htin2 The City does not anticipate any capital expenses related to providing streetlights in the Annexation Area. When streetlights are added to parts of the Annexation Area the capital cost of those lights will be the responsibility of Duke Energy. The City will, however, be responsible for the monthly purchased power bills related to an estimated additional 54 streetlights at approximately $15 per light. 8 SECTION V NON-CAPITAL IMPROVEMENTS A. Cost of Services The Annexation Area was evaluated to determine the services and facilities required to provide the same type of services and in the same manner as services that are currently provided within the existing City's corporate limits. The proposed Annexation Area will require expansion of the existing police, fire and City maintenance area. The requirements for providing these services and the cost of each of the services were determined based upon the factors and needs of the Annexation Area The City will provide all necessary non-capital services to the Annexation Area beginning on midnight of 12/31/08 in a manner equivalent in standard and scope to those non-capital services provided to areas within the City regardless of topography, patterns of land use, and population density . B. Police Protection The City ofJ effersonville Police Department's primary purpose is the prevention of crime. The police department patrols the boundaries of the City on a daily basis and responds to all alarm calls. In addition, the police department provides other services such as detection and apprehension of offenders, traffic control, and preservation of civil order. The police department does not distinguish between different areas of the City. The same services are provided throughout the City. The City anticipates needing to hire 18 additional officers as a result of the annexation in order to maintain a ratio of2 police officers per 1,000 population. The estimated cost of adding these officers is $60,000 (including benefits) per officer annually for personal services and $23,500 for equipment in each officer's first year. Also, the City anticipates the need to hire 2 additional administrative employees at $25,000 apiece, and it is expected that approximately $54,000 more per year will be spent on fuel as a result of the annexation. These additional costs will be financed from the General Fund, Law Enforcement Continuing Education Fund, and the Local Law Enforcement Block Grant. C. Fire Protection and Emer!!encv Medical Services The Jeffersonville Fire Department ("JFD") serves the corporate City limits of Jeffersonville and provides mutual aid to surrounding communities and townships. The JFD provides fire and first responder (basic) medical response to citizens within the city limits. Based upon current expenditures by the City's fire department, the City win incur additional costs to provide adequate services to the Annexation Area The JFD will need to hire 15 additional firefighters and spend approximately $20,000 more per year on fuel and maintenance costs as a result of the annexation. The estimated cost of adding these firefighters is $60,000 (including benefits) annually per person for personal services. These additional costs will be financed from the General Fund. 9 D. Street Maintenance The Jeffersonville Street and Sanitation Department will be responsible for the maintenance and snow and ice removal of the streets in the Annexation Area The Annexation Area has approximately 79 miles of streets that the City will be responsible for maintaining. Currently, the City has approximately 157 miles of streets. After annexation it will have 236 miles. The City anticipates additional annual operating costs of approximately $587,190. This figure was derived by dividing the additional road mileage by the existing road mileage and multiplying the result by the existing LR&S operating budget. Then, the cost of 2 additional mechanics at $41,600 apiece was added in. The Local Road and Street Fund and the Motor Vehicle Highway Fund will finance these additional costs. E. Trash Collection and Recyclin2 The City of Jeffersonville will provide garbage and yard refuse collection services to all properties in the Annexation Area The City anticipates needing to hire 6 additional employees as a result of the annexation. The estimated cost of adding these employees is $32,500 (including benefits) annually per person for personal services. Also, the City anticipates additional annual operating costs of $20,000, $15,000, and $84,000 for fuel, composting, and the landfill respectively. These additional costs will be financed from the Sanitation Fund as supplemented by new revenues from the annexation levy appeaL F. Storm Draina1!e Storm drainage maintenance throughout the Annexation Area will be consistent with the City's current storm drainage maintenance throughout the City. The City anticipates needing to hire 6 additional employees as a result of the annexation. The estimated cost of adding these employees is $32,500 (including benefits) annually per person for personal services. Also, the City will need to hire 1 additional employee in the Engineering Office at an estimated cost of $40,000. These additional costs will be financed from the Drainage Fund as supplemented by new revenues from the annexation levy appeal. G. Animal Shelter The City of Jeffersonville Animal Shelter's primary purpose is the rescue and adoption of domestic animals. The animal shelter does not distinguish between different areas of the City. The same services are provided throughout the City. The shelter anticipates needing to hire 1 additional employee as a result of the annexation. The estimated cost of adding this employee is $32,500 (including benefits) annually for personal services and $20,000 for equipment to purchase a new truck. These additional costs will be financed from the General Fund and by new revenues from the annexation levy appeal. H. Parks The City has a combination of approximately 36 parks and recreation facilities throughout the City. No additional parkland or facilities are anticipated due to the Annexation Area. 10 I. Human Resources The Human Resources Department handles all employment for the City of Jeffersonville. The department was established to manage and facilitate the hiring and employment of the City's more than 250 employees. The department anticipates the need to hire 1 full-time assistant and to make the safety director full-time. The estimated cost of adding these positions is approximately $60,000 (including benefits) annually for personal services. These additional costs will be financed from the General Fund and by new revenues from the annexation levy appeaL J. Plannin2 and Zonm2 The Department of Planning and Zoning is responsible for assisting citizens and developers with all aspects of their development needs. The department anticipates the need to hire 1 new code enforcement officer as a result of the annexation. The estimated cost of adding this position is approximately $46,000 (including benefits) annually for personal services. These additional costs will be financed from the General Fund and by new revenues from the annexation levy appeal. K. Buildin2 Commission This office is responsible for the issuance of construction trade licenses and permits related to new construction, alterations, repair and additions to existing structures. Inspection activities are conducted to insure that the minimum levels of construction are in compliance with the Indiana Building Code and local ordinances. The office anticipates needing to hire 1 new staff member as a result of the annexation. The estimated cost ofadmng this employee is $46,000 (including benefits) annually for personal services and $20,000 for equipment to purchase anew car for code enforcement These additional costs will be fmanced from the General Fund and by new revenues from the annexation levy appeal. L. Governmental Administrative Services The administrative services of the City will become available to the residents of the Annexation Area by midnight of 12/31/08. These services include, but are not limited to, the Mayor's Office, the Clerk-Treasurer's Office, the Wastewater Utility, Street and Sanitation Department, City Engineer, City Court, Parks and Recreation Department, and the Department of Redevelopment The costs of these services are not directly related to the size and population of the Annexation Area initially; therefore this Fiscal Plan does not include cost estimates. 11 SECTION VI FISCAL IMPACT As a result of this annexation, the assessed value for the City will increase by $408,561,027, to $1,385,007,917. This represents an increase of approximately 42%. Property tax controls instituted by the 2003 Indiana General Assembly limit the City to a property tax increase equal to the six-year average non- farm income (3.9% for 2006 budget year) annually for most fimds. The net impact of increasing the City's assessed value will result in additional property tax revenues to the City, and may assist in stabilizing or lowering property tax rates for City residents. Annexation Area residents will not pay property taxes to the City until 2008 payable 2009. However, the City will begin providing non-capital municipal services to the property owners on midnight of 12/31/08, with the exception of planning and zoning, which will be provided immediately following the effective date of annexation. It is anticipated that there will be additional costs to the City as a result of the annexation. A majority of the costs are related to the Police Department, Fire Department, Sewer Department, and Street and Sanitation Department. The causes of the anticipated increased costs are discussed above, and the effects of the costs are demonstrated in Appendix I - Estimated Assessed Value and Tax Rate Impact. Detailed revenue projections were not included in this Fiscal Plan because of the property tax controls. The majority of property taxes paid within the Annexation Area do not represent new revenues, but represent the portion of the City's levy which is applicable to the Annexation Area taxpayers. Additional state revenues based on population will not be adjusted until the next census. The cost of a special census to modify the portion the City would receive is cost prohibitive and is not being contemplated by the City at this time. 12 SECTION vn ASSUMED INDEBTEDNESS As required by Indiana Code 36-4-3-10, upon request of the Jeffersonville or Utica Township Trustee, the City will assume and pay any unpaid bonds or other obligations of Jeffersonville and Utica Township existing at the effective date of the annexation of the Annexation Area in the same ratio as the assessed valuation of the property in the Annexation Area bears to the assessed valuation of all property in Jeffersonville or Utica Township, as shown on the most recent assessment for taxation prior to the effective date of the annexation. Jeffersonville and Utica Townships have no debt currently outstanding. 13 SECTION VIll STATUTORY REQUIREMENTS The City will provide the services of a capital improvement nature related to the annexation as described in this Fiscal Plan by midnight of 12/31/10 and services of a non-capital nature by midnight of 12/31/08 similar to those services of a capital improvement nature and non-capital nature provided to areas within the current corporate boundaries of the City. The City will finance the additional municipal services expenditures through a combination of the funds mentioned above. The Annexation Area meets the requirements ofIC 36-4-3-13 in that approximately 71 percent (71 %) of the boundary of the Annexation Area is contiguous with the current boundaries of the City. Therefore, this area meets the 1/4 contiguity requirement. Also, the territory sought to be annexed is needed and can be used by the municipality for its development in the reasonably near future, therefore, the conditions ofIC 36-4-3-13 are met. The requirements of a written fiscal and policy plan are being met for the Annexation Area, stated above, by this document. The five (5) specific items, which must be included in the fiscal plan, are addressed in this document and satisfy the requirements under Indiana law. In the case of this annexation, the City has initiated annexation procedures to annex the Annexation Area as required by IC 36-4-3 et seq. Once the Fiscal Plan has been adopted, the City will publish a public notice in the Jeffersonville Evening News of the public hearing to be held by the Jeffersonville City Council concerning the proposed annexation. Once that notice has been published and the written notice of the hearing has been sent to each owner of the real property as shown on the Clark County's auditor's current tax list, whose real property is located within the territory proposed to be annexed, all legal requirements for the City will have been met. 14 CITY OF JEFFERSONVILLE, INDIANA APPENDIX I (Areas A - F Annexation) ESTIMATED ASSESSED VALUE AND TAX RATE IMP ACT - ASSUMES ANNEXATION LEVY APPEAL IN 2009 (Assumes first year of tax collections from Annexation Area is 2008 pay 2009.) Assessment Est. Annexation Area Est. Current City Est. Total Net Est. Property Est. Property Year Net Assessed Value Net Assessed Value Assessed Value Tax Levy Tax Rate (1) (2) (3) (4)(5) (6) 2005 pay 2006 N/A $976,356,890 $976,356,890 $11,012,329 $1.1279 2006 pay 2007 N/A 1,015,411,166 1,015,411,166 11,432,024 1.1259 2007 pay 2008 N/A 1,056,027,612 1,056,027,612 11,868,087 1. 1238 2008 pay 2009 $459,575,591 1,098,268,717 1,557,844,308 16,475,933 1.0576 2009 pay 2010 477,958,615 1,142,199,465 1,620,158,080 17,108,708 1.0560 2010 pay 2011 497,076,960 1,187,887,444 1,684,964,404 17,766,162 1.0544 (1) See page 3. (2) Assumes assessed value for the City of Jeffersonville, excluding the Annexation Area, grows at a rate of 4.0%. (3) Represents the assessed value for the City of Jeffersonville, including the Annexation Area, used to calculate the tax rate. (4) Assumes controlled property tax levies increase at an annual growth factor of 3. 9%. Assumes that the funds received from the CCD rate outside of the maximum levy remains constant, and assumes no additional debt is issued. (5) Assumes City applies for an annexation levy appeal for pay 2009 equal to the average of the costs that are shown on page 4. (6) Based on Estimated Property Tax Levy divided by the Estimated Total Net Assessed Value multiplied by 100. Prepared by: UMBAUGH February 15,2007 DRAFT 1 CITY OF JEFFERSONVILLE, INDIANA APPENDIX I (Areas A - F Annexation) ESTIMATED NEW REVENUE AND EXPENDITURES - ANNEXATION AREA (Assumes first year of tax collections from Annexation Area is 2008 pay 2009.) Property Estimated Estimated Assessment Taxes from Annual Surplus! Year Annex. Appeal Expenditures (Shortfall) (1) (2) (3) 2007 pay 2008 2008 pay 2009 $4,154,777 $5,210,290 ($1,055,513) 2009 pay 2010 4,316,813 3,568,631 748,182 2010 pay 2011 4,485,169 3,685,410 799,759 (1) Assumes City applies for an annexation levy appeal for pay 2009 of $4,154,777, the average of the estimated expenses shown on page 4. (2) Based on information provided by City representatives, the expenditures include estimated costs to cover police and fire service in the Annexation Area, street maintenance costs, animal shelter costs, storm drainage costs, street lighting, recycling and trash collection. (3) Represents difference between amount of new revenues as a result of the annexation and the cost to provide services to the area. Note: The effect of any additional revenues from EDIT, CAGIT, MVH, LRS or any miscellaneous revenues based on population are not considered on this schedule. Prepared by: UM:BAUGH February 15,2007 2 DRAFT CITY OF JEFFERSONVILLE, INDIANA APPENDIX I (Areas A - F Annexation) ESTIMATED ASSESSED VALUE AND ESTIMATED PROPERTY TAXES PAID IN ANNEXATION AREA (Assumes first year of tax collections from Annexation Area is 2008 pay 2009.) Current Total Estimated Assessment Assessed Growth in Assessed Property Taxes Year Value Assessed Value Value Paid in Area (1) (2) (3) 2005 pay 2006 $408,561,027 N/A $408,561,027 N/A 2006 pay 2007 408,561,027 $16,342,441 424,903,468 N/A 2007 pay 2008 408,561,027 33,338,580 441,899,607 N/A 2008 pay 2009 408,561,027 51,014,564 459,575,591 $4,860,520 2009 pay 2010 408,561,027 69,397,588 477,958,615 5,047,200 2010 pay 2011 408,561,027 88,515,933 497,076,960 5,241,150 (1) Based on current net assessed value of the Annexation Area, as provided by officials from the City of Jeffersonville and the Clark County Auditor's office. (2) Assumes the assessed value of Annexation Areas A - F grows at a rate of4.0%. (3) Total assessed value divided by 100 multiplied by the applicable tax rate. Prepared by: UMBAUGH February 15,2007 3 DRAFT CITY OF JEFFERSONVILLE, INDIANA APPENDIX I (Areas A - F Annexation) SCHEDULE SHOWING ESTIMATED COSTS TO SERVE AREA Trash Animal Collection Street Stann Police Fire Human Plannlng Building Street Total Year Shelter and Recycling Maintenance Drainage Department Department Resources and Zoning Commission General Lighting Expenses (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) 2009 $52,500 $898,000 $1,075,790 $445,000 $1,607,000 $920,000 $60,000 $46,000 $66,000 $40,000 $5,210,290 2010 33,475 323,420 604,806 242,050 1,219,520 947,600 61,800 47,380 47,380 41,200 3,568,631 2011 34,479 333,123 622,950 249,312 1,256,106 976,028 63,654 48,801 48,801 42,436 $9,720 3,685,410 Assumptions: _ Assumes that the City begins providing non-capital services on midnight of December 31, 2008. (1) Assumes the animal shelter will need 1 new employee and 1 new truck. Assumes that the cost of the employee inoreases each year based on a 3% inflation factor. (2) Assumes the street department adds 2 new garbage trucks, 1 yard waste truck, 2 chipper trucks, 1 ohipper, and 6 new employees. Also, the annexation would cause the need for additional fuel, composting, and landfill costs. Assumes that the cost of the employees, fuel, composting, and landfill increases each year based on a 3% inflation factor. (3) Assumes that the street department adds 1 new street sweeper, 3 new salt trucks, 1 new Gradall, 2 neW mowers, and 2 new mechanics. Also assumes that the current street maintenance budget is allocated to the annexation area based on road mileage. Assumes that the allocable portion of the budget Wld the cost of the employees increases each year based on a 3% inflation factor. (4) Assumes that the City adds 6 new employees, 2 new dump trucks, 1 new chipper truck, and 1 additional employee in the Engineer's office. Assumes that the cost of the employees increases each year based on a 3% inflation factor. (5) To maintain the current service level of2 police officers per 1,000 population, assumes that 18 additional police officers, cars and equipment are needed as a result of the annexation. Also, the annexation would cause the need for 2 additional administrative employees and more fuel costs. Assumes that the cost of the police officers, administrative employees, and fuel increases each year based on a 3% inflation factor. (6) Assumes that Jeffersonville adds 15 firefighters upon annexation. Also, the annexation would cause the need for additional fuel and maintenance costs. Assumes that the cost of the firefighters, fuel, and maintenance increases each yeM based on a 3% inflation factor. (7) Assumes one new full-time assistant is hired and the safety director is made full-time. Assumes that the cost of the employees increases each year based on a 3% inflation factor. (8) Assumes one new code enforcement officer is hired. Assumes that the cost of the employee increases each year based on a 3% inflation factor. (9) Assumes the building commission will need 1 new employee and 1 new car. Assumes that the cost of the employee increases each year based on a 3% inflation factor. (10) Assumes additional vehicle insurance for all ofthe new vehicles purchased as a result of annexation. Assumes the cost of the insurance increases each year based on a 3% inflation factor. (11) Assumes that the City needs to add 54 street lights by 12/31/10. The City will be responsible for the monthly electric bills for the street lights, which is estimated at $15 per light. Prepared by: UMBAUGH February 15,2007 4 DRAFT