REGULAR MEETING APRIL 28, 2008
<br />
<br />RESOLUTION NO. 3854-08 A RESOLUTION OF THE COMMON
<br /> COUNCIL OF THE CITY OF SOUTH
<br /> BEND, INDIANA, ADOPTING A
<br /> WRITTEN FISCAL PLAN AND
<br /> ESTABLISHING A POLICY FOR THE
<br /> PROVISION OF SERVICES TO AN
<br /> ANNEXATION AREA IN GERMAN
<br /> TOWNSHIP, CLEVELAND AND
<br /> LYNNEWOOD ANNEXATION AREA
<br />
<br />
<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
<br />is more particularly described at Section I of this Resolution; and
<br />
<br /> WHEREAS, the territory proposed to be annexed encompasses approximately
<br />4.92 acres of land, which property is at least 12.5% contiguous to the current City limits,
<br />i.e., approximately 28.4% contiguous, generally located at the Northeast corner of
<br />Cleveland Road and Lynnewood Avenue. It is anticipated that the annexation area will be
<br />developed for two retail buildings and a restaurant under the “CB” (Commercial
<br />Business) zoning classification as defined by the City of South Bend’s Zoning Ordinance.
<br />This development will require a basic level of municipal public services of 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, sidewalks, street
<br />lighting, a sanitary sewer system, a water distribution system, and a storm water system
<br />and drainage plan; and
<br />
<br /> WHEREAS, the South Bend Common Council now desires to establish and adopt
<br />a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a
<br />non-capital nature, including police and fire protection, street and road maintenance,
<br />street sweeping, flushing, and snow removal, and sewage collection, and other non-
<br />capital services normally provided within the corporate boundaries; and services of a
<br />capital improvement nature including street and road construction, street lighting, a
<br />sanitary sewer extension, a water distribution system, and a storm water system to be
<br />furnished to the territory to be annexed (2) the method(s) of financing those services; (3)
<br />the plan for the organization and extension of those services; (4) that services of a non-
<br />capital nature will be provided to the annexed area within one (1) year after the effective
<br />date of the annexation, and that they will be provided in a manner equivalent in standard
<br />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, and population density; (5) that 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 within the same manner as those services are provided to areas within the
<br />corporate boundaries of the City of South Bend regardless of similar topography, patterns
<br />of land use, or population density, and in a manner consistent with federal, state and local
<br />laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other
<br />governmental entities whose jobs will be eliminated by the proposed annexation.
<br />
<br />
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
<br />THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
<br />
<br /> Section I. It is in the best interest of the City of South Bend and the area proposed
<br />to be annexed that the following described real property located in German Township, St.
<br />Joseph County, Indiana be annexed to the City of South Bend:
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<br /> 5
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