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REGULAR MEETINGFEBRUARY 28, 2005 <br />RESOLUTION NO. 3422-05 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> ADOPTING A WRITTEN FISCAL PLAN AND <br /> ESTABLISHING A POLICY FOR THE <br /> PROVISION OF SERVICES TO AN <br /> ANNEXATION AREA IN GERMAN <br />WHEREAS, there has been submitted to the Common Council of the City of South Bend, <br />Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes <br />the annexation of real estate located in German Township, St. Joseph County, Indiana, <br />which is described more particularly in Section I of this Resolution, and; <br />WHEREAS, the territory proposed to be annexed encompasses approximately 3.2 acres <br />of land containing one single family home, which property is at least 12.5% contiguous to <br />the current City limits, i.e., approximately 94% contiguous, generally located on the west <br />side of Portage Road, approximately 1,540 feet north of Bendix Drive. It is anticipated <br />that this annexation area will be developed eventually for commercial uses, and it is <br />proposed for rezoning within the City as “CB” (Community Business) upon <br />incorporation into the City limits and this Common Council’s approval. Such <br />commercial use will require a basic level of municipal public services on a non-capital <br />improvement nature, including police and fire protection, street and road maintenance, <br />street sweeping, flushing, snow removal, and sewage collection, as well as services of a <br />capital improvement nature, including street and road construction, street lighting, a <br />sanitary sewer system, a water distribution system, and a storm water system and <br />drainage plan; and <br />WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to <br />establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost <br />estimates of services of a non-capital nature, including street and road maintenance, <br />sewage collection, street sweeping, flushing, and snow removal, police and fire <br />protection, and other non-capital services normally provided within the corporate <br />boundaries, and services of a capital improvement nature, including street and road <br />construction, street lighting, a sanitary extension, a water distribution system, and a storm <br />water system to be furnished to the territory to be annexed; (2) the method(s) of financing <br />those services; (3) the plan for the organization and extension of those services; (4) that <br />services of a non-capital nature will be provided to the annexed area within one (1) year <br />after the effective date of the annexation, and that they will be provided in a manner in <br />standard and scope to similar non-capital services provided to areas within the corporate <br />boundaries of the City of South Bend, regardless of similar topography, patterns of land <br />use, or population density; (5) that the services of a capital improvement nature will be <br />provided to the annexed area within three (3) years after the effective date of the <br />annexation in the same manner as the services are provided to areas within the corporate <br />boundaries of the City of South Bend, regardless of similar topography, patterns of land <br />use, or population density, and in a manner consistent with federal, state and local laws; <br />and (6) the plan for hiring the employees of other governmental entities whose jobs will <br />be eliminated by the proposed annexation; and <br />WHEREAS, the Board the Board of Public Works of the City of South Bend, and the <br />Board of Public Safety of the City of South Bend, have each approved a written fiscal <br />plan and established a policy for provision of services to the territory proposed to be <br />annexed, which plan and policy the Common Council finds to be appropriate and in the <br />best interest of the City, and, which it desires to adopt. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br />CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />Section I. It is in the best interest of the City of South Bend and the area proposed to be <br />annexed that the following described real property located in German Township, St. <br />Joseph County, Indiana, be annexed to the City of South Bend: <br />Lot 1 of Kizer’s Portage Road Minor Subdivision; including the entirety of the Portage <br />Road Right-of-Way. <br />3 <br /> <br />