Legal Notice - Villas of River Park
LEGAL NOTICE OF PUBLIC HEARING REGARDING PROPOSED ANNEXATION
(VILLAS OF RIVER PARK)
PLEASE TAKE NOTICE that the Town Council of the Town of Middlebury, Indiana will conduct a public hearing on the 20th of August, 2012 at 6:00 P.M. in the meeting room of the Middlebury Town Hall, 418 N. Main, Middlebury, Indiana 46540 involving a proposed annexation. A legal description of the real estate proposed to be annexed to and become a part of the Town of Middlebury, Indiana is as follows, to-wit:
All that part of the VILLAS OF RIVER PARK and the VILLAS OF RIVER PARK SECOND, which lies outside of the existing municipal corporate boundary line of the Town of Middlebury, Indiana. The Plat of the Villas of River Park, a Detailed Planned Unit Development, a subdivision in Middlebury Township, is recorded in Plat Book 29, page 10, in the Office of the Elkhart County Recorder. The Plat of the Villas of River Park Second, a Detailed Planned Unit Development, a subdivision in Middlebury Township, is recorded in Plat Book 31, page 31, in the Office of the Elkhart County Recorder. Consisting of approximately Seventeen (17) acres of annexed territory.
A map showing the current municipal boundaries in black and the proposed municipal boundaries with a hatched shading in the area proposed to be annexed is available for inspection at the Middlebury Town Hall. The current zoning classification for the area proposed to be annexed is DPUD R-3; there are no proposed zoning changes for the area proposed to be annexed. The fiscal plan for the implementation of municipal services to the area proposed to be annexed is as follows, to-wit:
1. The following municipal services are planned to be furnished to the territory to be annexed:
Non-Capital Nature Capital Nature
Police Protection Town Water Service
Street and Road Maintenance Town Sewer Service
Residential Trash Collection
Administrative Services
The cost estimates for furnishing these planned services to the territory to be annexed are as follows:
(a) Police Protection. It is expected that furnishing police protection to the territory to be annexed will cost approximately $3,924.00 annually based upon the current Police Department budget and service area.
(b) Street and Road Maintenance. It is expected that furnishing street and road maintenance, including snowplowing, to the territory to be annexed will cost approximately $21,170.00 annually based upon the current Street Department budget and service area.
(c) Residential Trash Collection. It is expected that furnishing residential trash collection to the territory to be annexed will lead to additional annual costs to the Town of Middlebury in the sum of approximately $1,592.00.
(d) Administrative Services. It is expected that furnishing administrative services to the territory to be annexed will cost approximately $3,051.00 annually based upon the Town’s current budget.
(e) Town Water and Sewer Service. Town water and sewer service will be provided by the Town of Middlebury and available to the territory to be annexed without additional costs as the extension of water and sewer mains were at the cost of the developer/owners.
2. The methods of financing the planned services to the territory to be annexed are as follows:
(a) Police protection, street and road maintenance (including snowplowing), residential trash collection, and administrative services will be financed with local tax revenues including real and personal property tax revenues, motor vehicle highway revenues, gasoline tax revenues, and any other applicable local tax revenues as permitted by law. The total costs of providing the non-capital services to the territory to be annexed are anticipated to be approximately $29,737.00 annually. The anticipated property tax revenues from the area to be annexed are in the sum of approximately $13,420.00, although that amount is likely to be reduced due to the application of the homestead credit for some or all of the parcels in the area to be annexed and property tax caps. Consequently, it is not anticipated that there will be any excess property taxes from the area to be annexed over the cost of the basic non-capital services to be provided to the area to be annexed.
(b) Town water and sewer service will be available to the territory to be annexed with the operations thereof financed by revenues of the Town of Middlebury Waterworks and Sewage Works with the extension of water and sewer mains at the cost the developer/owners.
3. Providing police protection for the annexed territory will be organized and implemented by the Middlebury Police Chief. Street and road maintenance, including snowplowing, will be organized and implemented by the Middlebury Street Department. Residential trash collection will be coordinated by the Middlebury Town Manager. Administrative services will be coordinated and overseen by the Middlebury Clerk-Treasurer and the Middlebury Town Manager. Town water services and sewer services will be coordinated by the Superintendents of the waterworks and sewage works.
4. Planned services of a non-capital nature, to include police protection, street and road maintenance, residential trash collection, and administrative services will be provided to the annexed territory under the planned organization and extension of services indicated within one (1) year after the effective date of the annexation. The services of a non-capital nature will be provided in a manner equivalent in standard and scope to those non-capital services provided to other areas within the corporate boundaries of the Town of Middlebury, Indiana.
5. Planned services of a capital nature, including sewer facilities and water facilities, will be provided and available to the annexed territory in the same manner as those services are provided to other areas within the corporate boundaries of the Town of Middlebury, Indiana and in a manner consistent with Federal, State, and local laws, procedures and planning criteria.
6. No jobs are expected to be eliminated for employees of other governmental entities by reason of the proposed annexation. The Town of Middlebury does not expect to hire any additional employees by reason of the proposed annexation.
7. The Town of Middlebury disclaims and assumes no liability or responsibility for the maintenance, repair, and replacement of any and all common areas, limited common areas, ponds, stormwater retention areas, water features, lighting, signage, and other development features for which the responsibility thereof lies with the owners and homeowners association as reflected in the Declaration of Covenants, Conditions, and Restrictions dated April 12, 2004 and recorded April 27, 2004 as Instrument No. 2004-13706, Elkhart County Records.
Property owners in the area to be annexed and interested members of the public shall have the right to be heard at the public hearing. Written comments may also be submitted to the Middlebury Town Council prior to the public hearing. If further information is desired, you may contact Mr. Mark Salee, Middlebury Town Manager at (574) 825-1486.
Dated this 18th day of June, 2012.
TOWN OF MIDDLEBURY, INDIANA
By: Gary L. O’Dell, President
Middlebury Town Council
ATTEST:
Peggy Hutchison
Middlebury Clerk-Treasurer
LC 94 MI 20
