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RESOLUTION R021521D

A RESOLUTION ADOPTING THE FISCAL PLAN FOR THE ANNEXATION OF PROPERTY CONTIGUOUS TO THE CITY OF FISHERS, INDIANA

(Maple Del Subdivision)

WHEREAS, the City of Fishers, Hamilton County, Indiana (“City”), in accordance with

Ind. Code §36-4-3-5.1, wishes to annex an area consisting of approximately 9.34 acres located outside of but contiguous to the City, those areas being more particularly described in Exhibit A, attached hereto and incorporated herein, and further depicted in Exhibit B, attached hereto and incorporated herein (the “Annexed Territory”);

WHEREAS, in accordance with Ind. Code §36-4-3-5.1(e), on or around January 19, 2021,

the City Council held a duly noticed public hearing regarding the Annexed Territory; WHEREAS, in accordance with Ind. Code §§ 36-4-3-3.1 and 36-4-3-13, the Common

Council now desires to adopt a Written Fiscal Plan for the Annexed Territory. NOW, THEREFORE BE IT RESOLVED by the Common Council of the City of Fishers,

Hamilton County, Indiana as follows: Section One: The Council hereby adopts the Fiscal Plan for the Maple Del Subdivision as more

particularly described in Exhibit C, attached hereto and incorporated herein. This Fiscal Plan is to be adopted prior to the adoption of the annexation ordinance for Maple Del Subdivision.

Section Two: This Resolution shall be in full force and effect from the date of passage by the

Common Council and its publication, as provided by law. All provisions or parts thereof in conflict herewith are hereby repealed.

SO RESOLVED by the Common Council of the City of Fishers, Hamilton County, Indiana

this 15th day of February, 2021.

COMMON COUNCIL OF THE CITY OF FISHERS, R21521D HAMILTON COUNTY, INDIANA

YAY NAY ABSTAIN

/s/ Selina Stoller Selina Stoller President

/s/ David George David George Vice President

/s/ Pete Peterson C. Pete Peterson, Member

/s/ John Weingardt John Weingardt, Member

/s/ Cecilia Coble Cecilia C. Coble, Member

/s/ Brad DeReamer Brad DeReamer, Member

/s/ Todd Zimmerman Todd Zimmerman, Member

/s/ Samantha Delong Samantha Delong, Member

/s/ Jocelyn Vare Jocelyn Vare, Member

I hereby certify that the foregoing Ordinance/ Resolution was delivered to City of Fishers Mayor Scott Fadness on the ___15th____ day of __February___ 2021, at _______ ____ m.

ATTEST: ___________________________ Jennifer L. Kehl, City Clerk

MAYOR’S APPROVAL

___/s/ Scott A. Fadness____ ____February 15, 2021________ Scott A. Fadness, Mayor DATE

MAYOR’S VETO ____________________________ _____________________________ Scott A. Fadness, Mayor DATE

This instrument prepared by: Christopher P. Greisl, City Attorney, City of Fishers, Hamilton County, Indiana, One Municipal Drive, Fishers, Indiana, 46038 “I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law.” Christopher P. Greisl

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EXHIBIT A

Legal Description A Part of Maple-Del Addition, 1st Section, as recorded in in Plat Book 2, Page 116-117 in the Office of the Recorder for Hamilton County, Indiana, also a part of Lots 74 and 75 in Charleston Crossing, Section 4, as recorded in Plat Cabinet 1, Slide 32 as Instrument Number 8912292 in said Recorder's Office, and also a part of the Northwest Quarter of Section 1, Township 17 North, Range 4 East of the Second Principal Meridian, all in Delaware Township, Hamilton County, Indiana, and being more particularly described as follows: COMMENCING at the Northeast corner of the Northwest Quarter of said Section 1, marked by a Harrison monument; thence South 00 degrees 26 minutes 58 seconds West (assumed bearing) along the East line of said Northwest Quarter a distance of 208.71 feet to Northeast corner of said Maple-Del Addition, 1st Section and the POINT OF BEGINNING; thence continuing South 00 degrees 26 minutes 58 seconds West along said East line of said Northwest Quarter a distance of 580.00 feet to the Northeast corner of said Charleston Crossing, Section 4, said point also being the Southeast corner of a tract of land described in Instrument Number 2019-34883 in said Recorder's Office, the next four (4) courses being along the South and West lines of said tract; (1) thence North 89 degrees 55 minutes 48 seconds West a distance of 220.00 feet; (2) thence North 00 degrees 26 minutes 58 seconds East a distance of 33.34 feet; (3) thence North 44 degrees 32 minutes 41 seconds West a distance of 35.36 feet; (4) thence North 00 degrees 26 minutes 58 seconds East a distance of 56.49 feet to the North line of said Charleston Crossing, Section 4; thence North 89 degrees 55 minutes 48 seconds West along said North line of said Charleston Crossing, Section 4 and along a north line of Charleston Crossing, Section 1, as recorded in Book 15, Pages 46-49 as Instrument Number 8802043 in said Recorder's Office a distance of 203.71 feet to a Northeasterly corner of said Charleston Crossing, Section, the next three (3) courses being along the North and East lines of said Charleston Crossing, Section 1; (1) thence North 00 degrees 26 minutes 58 seconds East a distance of 55.00 feet; (2) thence North 89 degrees 55 minutes 48 seconds West a distance of 230.00 feet; (3) thence North 00 degrees 26 minutes 58 seconds East a distance of 573.71 feet to the Northeast corner of Common Area in said Charleston Crossing, Section 1, and the South Right-of-Way of 116th Street; thence South 89 degrees 55 minutes 48 seconds East along the Right-of-Way of 116th Street as described in Instrument Numbers 9745098, 9745099, and 9849569 in said Recorder's Office a distance of 470.00 feet to the Northwest corner of a tract of land described in Instrument Number 2007020342 in said Recorder's Office, the next two (2) courses being along the West and South lines of said tract; (1) thence South 00 degrees 26 minutes 58 seconds West a distance of 163.71 feet; (2) thence South 89 degrees 55 minutes 48 seconds East a distance of 208.71 feet to the POINT OF BEGINNING, containing 9.341 acres, more or less.

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EXHIBIT B

Location Map

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EXHIBIT C

Fiscal Plan

FISHERS TOWN COUNCIL Gary A. Huff

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MEMORANDUM Date: February 15, 2021 From: Tony Bagato, Director Planning & Zoning Dept. To: Honorable Members of the City Council Re: Fiscal Plan – Maple Del Annexation This document shall serve as the official Fiscal Plan for the Maple Del Annexation property, a 100% voluntary annexation, as required by Indiana Code 36-4-3-13-d. The Fiscal Plan must show the following, as taken from Indiana Code:

(1) “The cost estimates of planned services to be furnished to the territory to be annexed. The plan must present itemized estimated costs for each municipal department or agency.”

A. Police Department – Currently, the Hamilton County Sheriff’s Department is primarily responsible for law

enforcement on this property. Upon annexation of this property, the Fishers Police Department would be responsible for law enforcement. The agency would need to respond to potential emergency calls regarding theft or other criminal activity. The agency would be able to respond to any calls as part of its current operating budget, and the subject property would not cause any financial hardship to the agency. There is no additional direct cost to the Police Department resulting from this annexation, as the agency currently services surrounding areas adjacent to the subject property.

B. Fire Department – Under an interlocal agreement with Delaware Township, the Fishers Fire Department already provides fire protection and emergency medical services (EMS) to this property. Therefore, there is no additional cost to the Fire Department resulting from this annexation.

Public Works Department – The subject property fronts public rights of way that is already a part of the City of Fishers. Therefore, no rights of way will be included as part of this annexation. Since there is no new adjacent public roadway, there is no additional cost to the Public Works Department as a result of the annexation.

Trash collection is handled by private contractors and is not in the tax base.

When a storm sewer system is installed, the Public Works Department will be responsible for maintenance.

C. Planning & Zoning Department – The Planning & Zoning Department already provides planning and zoning services to unincorporated Hamilton County in this area (per Ordinance No. 111208, adopted November 12, 2008). Therefore, no additional costs will be incurred.

D. Parks and Recreation – No new city parks are planned with this annexation. Although residents of the subject property may use city park facilities in the area, no direct additional costs will be incurred by the Parks and Recreation Department.

E. Administration, Controller, Engineering, Information Technology – No additional costs to those departments will be incurred as a result of this annexation.

FISHERS TOWN COUNCIL Gary A. Huff

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(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.” Any incurred expenses from this annexation can be paid from the General Fund as part of general operating costs for the Police Department and Public Works Department. No specific earmark is needed. According to the Hamilton County property reports and records, the assessed value of the existing property is $2,288,800. Revenues would be received from the following sources: Property Taxes, County Option Income Taxes (COIT), Alcoholic Beverage Taxes, Cigarette Taxes, Vehicle Excise Taxes, Motor Vehicle Highway Taxes, and Local Road & Street Taxes.

(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.”

Sewer service (SAMCO) = Not Applicable (N/A) Water service (Citizens Energy Group) = N/A Electricity service (Duke Energy) = N/A Phone service (AT&T) = N/A Cable service (Comcast) = N/A

(4) “That planned services of a noncapital nature, including police protection, fire protection, street and road maintenance, and other noncapital services normally provided within the corporate boundaries, will be provided to the annexed territory within one (1) year after the effective date of the annexation and that they will be provided in a manner equivalent in standard and scope to those noncapital services provided to areas within the corporate boundaries regardless of similar topography, patterns of land use, and population density.”

All such services would be provided to the property within a year upon the effective date of the annexation, which is 31 days following approval by City Council, and after the petition is recorded with the Hamilton County Recorder’s Office. The effective date of this annexation is anticipated to be approximately March 19, 2021.

(5) “That services of a capital nature, including street construction, street lighting, sewer facilities, water facilities, and stomwater drainage facilities, will be provided to the annexed territory within three (3) years after the effective date of the annexation and in the same manner as those services are provided to areas within the corporate boundaries, regardless of similar topography, patterns of land use, and population density, and in a manner consistent with federal, state, and local laws, procedures, and planning criteria.”

All such services have been provided.

(6) “This subdivision applies to a fiscal plan prepared after June 30, 2015. The estimated effect of the proposed annexation on taxpayers in each of the political subdivisions to which the proposed annexation applies, including the expected tax rates, tax levies, expenditure levels, service levels, and annual debt service payments in those political subdivisions for four (4) years after the effective date of the annexation.” Below is a list of anticipated tax rates and categories affecting the property:

2020 Tax Rate 2021 Tax Rate 2022 Tax Rate 2023 Tax Rate 2024 Tax Rate County 0.2814 0.2814 0.2814 0.2814 0.2814 Township 0.0241 0.0241 0.0241 0.0241 0.0241 School District 1.2739 1.2739 1.2739 1.2739 1.2739 City N/A N/A 0.7115 0.7115 0.7115

FISHERS TOWN COUNCIL Gary A. Huff

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Library 0.0627 0.0627 0.0627 0.0627 0.0627 Solid Waste 0.0032 0.0032 0.0032 0.0032 0.0032

(7) “This subdivision applies to a fiscal plan prepared after June 30, 2015. The estimated effect the proposed

annexation will have on municipal finances, specifically how municipal tax revenues will be affected by the annexation for four (4) years after the effective date of the annexation.”

Below is a list of anticipated property tax revenue to the City of Fishers over the next 4 years. There is a one-year lag between the time taxes are assessed and collected by the City.

2020 2021 2022 2023 2024 City revenue $0 $0 $1,628,481 $1,628,481 $1,628,481

(8) “This subdivision applies to a fiscal plan prepared after June 30, 2015. Any estimated effects on political

subdivisions in the county that are not part of the annexation and on taxpayers located in those political subdivisions for four (4) years after the effective date of the annexation.” This annexation will not affect other “political subdivisions” in the county not part of this annexation.

(9) “This subdivision applies to a fiscal plan prepared after June 30, 2015. A list of all parcels of property in the annexation territory and the following information regarding each parcel:” (A) “The name of the owner of the parcel.”

A. HG Acquisition Company LLC. B. HG Acquisition Company LLC. C. HG Acquisition Company LLC. D. HG Acquisition Company LLC. E. HG Acquisition Company LLC. F. HG Acquisition Company LLC. G. HG Acquisition Company LLC. H. HG Acquisition Company LLC. I. HG Acquisition Company LLC. J. HG Acquisition Company LLC. K. Lee, Trevor L. Hageman Acquisition Company LLC. M. HG Acquisition Company LLC. N. HG Acquisition Company LLC. O. HG Acquisition Company LLC. P. HG Acquisition Company LLC.

(B) “The parcel identification number.”

A. 14-14-01-01-03-001.000 B. 14-14-01-01-03-017.000 C. 14-14-01-01-03-016.000 D. 14-14-01-01-03-015.000 E. 14-14-01-01-03-014.000 F. 14-14-01-01-03-013.000 G. 14-14-01-01-03-012.000 H. 14-14-01-01-03-011.000

FISHERS TOWN COUNCIL Gary A. Huff

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I. 14-14-01-01-03-010.000 J. 14-14-01-01-03-009.000 K. 14-14-01-01-03-008.000 L. 14-14-01-01-03-007.000 M. 14-14-01-01-03-004.000 N. 14-14-01-01-03-003.000 O. 14-14-01-01-03-002.000 P. 14-14-01-01-03-005.000

(C) “The most recent assessed value of the parcel.”

As of January 1st, 2020:

A. Parcel 14-14-01-01-03-001.000 Total Assessed Value: $152,300 Land: $46,400 Improvements: $105,900 B. Parcel 14-14-01-01-03-017.000 Total Assessed Value: $139,000 Land: $39,600 Improvements: $99,400 C. 14-14-01-01-03-016.000 Total Assessed Value: $166,900 Land: $45,000 Improvements: $121,900 D. 14-14-01-01-03-015.000 Total Assessed Value: $131,700 Land: $41,400 Improvements: $90,300 E. 14-14-01-01-03-014.000 Total Assessed Value: $124,600 Land: $41,400 Improvements: $83,200 F. 14-14-01-01-03-013.000 Total Assessed Value: $151,800 Land: $45,900 Improvements: $105,900 G. 14-14-01-01-03-012.000 Total Assessed Value: $161,000 Land: $40,400 Improvements: $120,600 H. 14-14-01-01-03-011.000 Total Assessed Value: $142,800 Land: $42,600

FISHERS TOWN COUNCIL Gary A. Huff

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Improvements: $100,200 I. 14-14-01-01-03-010.000 Total Assessed Value: $140,000 Land: $42,600 Improvements: $97,400 J. 14-14-01-01-03-009.000 Total Assessed Value: $161,400 Land: $44,100 Improvements: $117,300 K. 14-14-01-01-03-008.000 Total Assessed Value: $140,800 Land: $35,600 Improvements: $105,200 L. 14-14-01-01-03-007.000 Total Assessed Value: $137,600 Land: $37,000 Improvements: $100,600 M. 14-14-01-01-03-004.000 Total Assessed Value: $139,800 Land: $39,600 Improvements: $100,200 N. 14-14-01-01-03-003.000 Total Assessed Value: $136,400 Land: $43,200 Improvements: $93,200 O. 14-14-01-01-03-002.000 Total Assessed Value: $131,900 Land: $43,200 Improvements: $131,900 P 14-14-01-01-03-005.000 Total Assessed Value: $129,800 Land: $42,300 Improvements: $87,500

(D). The anticipated value of new improvements (structure) to be completed in 2021 TBD, 190 units of multi-family.

Form Revised: 03/20/2019

Council Action Form

MEETING DATE

February 15, 2021

TITLE

Request to approve the fiscal plan for the voluntary annexation of eighteen (18) lots known as the Maple Del Subdivision, located south of the intersection of Holland Drive and E 116th Street.

SUBMITTED BY

Name & Title: Ross Hilleary, Planner III Department: Planning & Zoning Department

MEETING TYPE

Work Session

Executive

Regular

Special

Retreat

AGENDA CLASSIFICATION

Consent

Ordinance

Resolution

Regular

ORDINANCE/RESOLUTION

(New ordinances or resolutions are assigned a new number)

1st Reading

2nd Reading

Public Hearing

3rd Reading

Final Reading

Ordinance #:

Resolution #: R021521D

CONTRACTS

(Contracts include other similar documents such as agreements

and memorandum of understandings. Check all

applicable boxes pertaining to contracts)

Contract required for this item

Signed copy of contract attached

Seeking award or other scenario & will provide contract at a later date

No contract for this item

Contract over $50,000

Please mark the box in the other column that pertains to this contract.

Services

Capital Outlay

Debt Services

HAMILTON COUNTY

(Some documents need recorded by the City Clerk)

Document must be recorded with the County Recorder’s Office

Wait 31 days prior to filing with the County Recorders’ Office

Document does not need recorded with the County Recorder’s Office

Form Revised: 03/20/2019

APPROVALS/REVIEWS

Assistant/Deputy Department Head Controller’s Office Department Head Finance Committee Deputy Mayor Technical Advisory Committee Mayor Other: Legal Counsel –

Name of Reviewer:

BACKGROUND (Includes description, background,

and justification)

Request to approve the fiscal plan for voluntary annexation of eighteen (18) lots known as the Maple Del Subdivision, located south of the intersection of Holland Drive and E 116th Street consisting of approximately 9.34 acres The property is contiguous to the current city limits, exceeding the contiguity requirements per Indiana Code 36-4-3-1.5 (12.5% contiguity required). This voluntary annexation is being processed in accordance with IC-4-3-5.1 "Petitions signed by 100% of landowners." In accordance with IC 36-4-3-3.1, staff will present a "written fiscal plan" at 3rd Reading before adoption of the annexation ordinance.

BUDGETING AND

FINANCIAL IMPACT (Includes project costs and funding

sources)

Budgeted $: N/A Expenditure $: N/A Source of Funds: N/A Additional Appropriation #:

N/A

Narrative: N/A

OPTIONS (Include Deny Approval Option)

1. Adopt the Fiscal Plan 2. Continue to March 15, 2021 Meeting 3. Take No Action 4.

PROJECT TIMELINE

January 19, 2021 – Combined 1st & 2nd Reading of annexation ordinance and Public Hearing at City Council February 15, 2021 – Potential adoption of written fiscal plan by resolution and 3rd Reading of annexation ordinance at City Council March 19, 2021 – Potential earliest effective date of annexation

STAFF RECOMMENDATION

(Board reserves the right to accept or deny recommendations)

Staff recommends that Council approves the Fiscal Plan for the annexation of Maple Del Subdivision adding an additional 9.34 to the City of Fishers corporate limits.

SUPPLEMENTAL

INFORMATION (List all attached documents)

1. Fiscal Plan 2. Resolution