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RESOLUTION NO.
<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 GERMANTOWNSHIP
<br />(CLEVELAND AND LYNNEWOOD 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
<br />annexation of real estate located in German Township, St. Joseph County, Indiana, which is
<br />more particularly described at Section I of this Resolution; and
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 4.92 acres
<br />of land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately
<br />28.4% contiguous, generally located at the Northeast corner of Cleveland Road and Lynnewood
<br />Avenue. It is anticipated that the annexation area will be developed for two retail buildings and a
<br />restaurant under the "CB" (Commercial Business) zoning classification as defined by the City of
<br />South Bend's Zoning Ordinance. This development will require a basic level of municipal
<br />public services of a non - capital improvement nature, including police and fire protection, street
<br />and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well
<br />as services of a capital improvement nature, including street and road construction, sidewalks,
<br />street lighting, a sanitary sewer system, a water distribution system, and a storm water system
<br />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,
<br />flushing, and snow removal, and sewage collection, and other non - capital services normally
<br />provided within the corporate boundaries; and services of a capital improvement nature including
<br />street and road construction, street lighting, a sanitary sewer extension, a water distribution
<br />system, and a storm water system to be furnished to the territory to be annexed (2) the method(s)
<br />of financing those services; (3) the plan for the organization and extension of those services; (4)
<br />that 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 equivalent
<br />in 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 use, and
<br />population density; (5) that services of a capital improvement nature will be provided to the
<br />annexed area within three (3) years after the effective date of the annexation within the same
<br />manner as those services are provided to areas within the corporate boundaries of the City of
<br />South Bend regardless of similar topography, patterns of land use, or population density, and in a
<br />manner consistent with federal; state and local laws, procedures, and planning criteria; and (6)
<br />the plan for hiring the employees or other governmental entities whose jobs will be eliminated by
<br />the proposed annexation.
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