01/26/05 Board of Public Safety Minutes

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,J~ ~.~~ti~~~ REGULAR MEETING RESOLUTION NO. 5-2006 JANUARY 26, 2005 A RESOLUTION OF THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (GREGORY A. KIZER & MARYLOU KIZER ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 3.2 acres of land containing one single family home, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 94% contiguous, generally located on the west side of Portage Road, approximately 1,540 feet north of Bendix Drive. It is anticipated that the annexation area will be developed eventually for commercial uses, and it is proposed for rezoning within the City as "CB" (Community Business) upon incorporation into the City limits and Common Council approval. This commercial use will require a basic level of municipal public services, including the provision of police and fire protection; and; WHEREAS, the Board of Public Safety now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates ofpolice and fire protection to be furnished to the territory to be annexed; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that those services will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures and planning criteria; and (5) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: "Lot 1 of Kizer's Portage Road Minor Subdivision; including the entirety of the Portage Road Right-of-Way". Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Safety, to furnish to said territory police and fire services within one (1) year of the effective date of annexation in a manner equivalent in standard and scope to similar services furnished by the City to other areas regardless of similar topography, patterns of land use, or population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Board of Public Safety shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, most particularly those provisions pertaining to police and fire protection at pages 6 and 7 of Exhibit "A", for the furnishing of said services to the territory to be annexed. 1 1 1 Adopted the 26t" day of January 2005.