04/18/12 Board of Public Safety Minutes

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REGULAR MEETING APRIL 18. 2012 24 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 Clay Township, St. Joseph County, Indiana, which is more particularly described at Page 13 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.75 acres of land containing vacant land, which property is at least 12.5% contiguous to the current City limits, ' i.e., approximately 75.8% contiguous, generally located on the south side of Douglas Road east of State Road 23 (17210 Douglas Road). It is anticipated that the annexation area will be used for commercial purposes as permitted by the zoning ordinance. This 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 of police and fire protection to be famished 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 I annexed that the real property described more particularly at Page 13 of Exhibit "A" attached hereto be annexed to the City of South Bend. 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. Adopted the 18th day of April, 2012. BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND, INDIANA s/Patrick D. Cottrell, President ' s/Laura A. Vasquez, Member s/Eddie Miller, Member s /John Collins, Member s/Luther Taylor, Member ATTEST: s/Linda M. Martin, Clerk POLICE DEPARTMENT APPROVE FINDINGS OF FACT - CHARGE 2012 -02 — CHRISTOPHER BORTONE In a Memorandum to the Board, Ms. Beachkofsky stated that on March 21, 2012, Patrolman First