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REGULAR MEETING MAY 24, 2004
<br />There was no one else present wishing to speak in favor of or in opposition to this
<br />Resolution.
<br />Councilmember Coleman made a motion to adopt this Resolution by acclamation.
<br />Councilmember Kelly seconded the motion which carried.
<br />RESOLUTION NO. 3329 -04 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 PORTAGE
<br />TOWNSHIP, ARBORS AT BELLEVILLE
<br />ANNEXATION AREA
<br />WHEREAS, there has been submitted to the Common Council of the City of
<br />South Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner
<br />which proposes the annexation of real estate located in Portage Township, St. Joseph
<br />County, Indiana, which is described more particularly in Section I of this Resolution, and;
<br />WHEREAS, the territory proposed to be annexed encompasses approximately
<br />21,21 acres of land on which is situated an apartment complex consisting of thirteen (13)
<br />three story buildings and a clubhouse, with proposed construction of thirteen (13)
<br />additional three story buildings for a total of 232 units, which proposed to be re -zoned
<br />M172 upon annexation to the City of South Bend. This property is at least 12.5%
<br />contiguous to the current City limits i.e. approximately 50% contiguous, and is generally
<br />located on the east side of Mayflower Road, approximately 2,200 feet south of Sample
<br />Street, Portage Township, Indiana. This annexation area and its multi - family rental use
<br />will require a basic level of municipal public services of a non - capital improvement
<br />nature, including police and fire protection, street and road maintenance, street sweeping,
<br />flushing, snow removal, and sewage collection, as well as services of a capital
<br />improvement nature, including street and road construction, street lighting, a sanitary
<br />sewer system, a water distribution system and a storm water system; and
<br />WHEREAS, the Common Council of the City of South bend, Indiana, now
<br />desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the
<br />cost 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 sewer extension, a water distribution system, and a
<br />storm water system to be furnished to the territory to be annexed; (2) the method(s) of
<br />financing those services; (3) the plan for the organization and extension of those services;
<br />(4) that services of a non - capital nature will be provided to the annexed area within one
<br />(1) year after the effective date of the annexation, and that they will be provided in a
<br />manner in standard and scope to similar non - capital services proved to areas within the
<br />corporate boundaries of the City of South Bend, regardless of similar topography,
<br />patterns of land use, or population density; (5) that the services of a capital improvement
<br />nature will be provided to the annexed area within three (3) years after the effective date
<br />of the annexation in the same manner as the services are provided to area within the
<br />corporate boundaries of the City of South Bend, regardless of similar topography,
<br />patterns of land use, or population density, and in a manner consistent with federal, state
<br />and local laws; and (6) the plan for hiring the employees of other governmental entities
<br />whose jobs will be eliminated by the proposed annexation; and
<br />WHEREAS, the Board of Public Works of the City of South Bend, and the Board
<br />of Public Safety of the City of South Bend, have each approved a written fiscal plan and
<br />established a policy for the provision of services to the territory proposed to be annexed,
<br />which plan and policy the Common Council finds to be appropriate and in the best
<br />interest of the City, and, which it desires to adopt.
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