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BILL NO. 18-59
<br /> RESOLUTION NO. 4759-18
<br /> A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
<br /> SOUTH BEND,INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND
<br /> ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
<br /> ANNEXATION AREA IN CLAY TOWNSHIP
<br /> (OLD NATIONAL ANNEXATION AREA)
<br /> WHEREAS,there has been submitted to the Common Council of the City of South Bend,
<br /> Indiana,an Ordinance and a petition by all(100%)property owners which proposes the annexation
<br /> of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly
<br /> described at Section I of this Resolution; and
<br /> WHEREAS, the territory proposed to be annexed encompasses approximately 1.9 acres
<br /> of land containing one vacant commercial building formerly used as a bank,which is at least 12.5%
<br /> contiguous to the current City limits, i.e., approximately 65.0% contiguous, generally located on
<br /> the northeast corner of State Road 23 and Douglas Road. It is anticipated that the annexation area
<br /> will be used for commercial purposes; and
<br /> WHEREAS, this development will require a basic level of municipal public services of a
<br /> non-capital 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 capital
<br /> improvement nature, including street and road construction, sidewalks, street lighting, a sanitary
<br /> sewer system, a water distribution system, and a storm water system and drainage plan; and
<br /> WHEREAS,the South Bend Common Council now desires to establish and adopt a fiscal
<br /> plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital
<br /> nature,including police and fire protection,street and road maintenance,street sweeping,flushing,
<br /> and snow removal,and sewage collection,and other non-capital services normally provided within
<br /> the corporate boundaries; and services of a capital improvement nature including street and road
<br /> construction, street lighting, a sanitary sewer 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 those
<br /> services; (3) the plan for the organization and extension of those services; (4) that services of a
<br /> non-capital nature will be provided to the annexed area within one(1) year after the effective date
<br /> of the annexation, and that they will be provided in a manner equivalent in standard and scope to
<br /> similar non-capital services provided to areas within the corporate boundaries of the City of South
<br /> Bend, regardless of similar topography, patterns of land use, and population density; (5) that
<br /> services of a capital improvement nature will be provided to the annexed area within three (3)
<br /> years after the effective date of the annexation within the same manner as those services are
<br /> provided to areas within the corporate boundaries of the City of South Bend regardless of similar
<br /> topography, patterns of land use, or population density, and in a manner consistent with federal,
<br /> state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees
<br /> or other governmental entities whose jobs will be eliminated by the proposed annexation.
<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 Clay Township, St. Joseph County,
<br /> Indiana be annexed to the City of South Bend:
<br /> That Part of the Southwest Quarter of Section 29, Township 38 North, Range 3
<br /> East, St. Joseph County, Indiana,being more particularly described as follows:
<br /> Beginning at the Northwest Corner of Lot"A"in Standard Federal Bank Replat
<br /> of Lots 1 and 2 in Tower Minor Subdivision, recorded August 29, 1994 as
<br /> Instrument Number 94-32933 in the Office of the Recorder of St. Joseph County,
<br /> Indiana; thence West along the existing City Limit Line 122' more or less to the
<br /> West Right-of-Way Line of State Road 23, also being the East Line of Lot 2A of
<br /> Foundation Center First Replat Subdivision; thence Southwesterly along the West
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