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REGULAR MEETING
<br />APRIL 9, 2001
<br />common ownership and that ownership has access to sewer and water located off of Mayflower and
<br />Cleveland Roads. Otherwise, this annexation meets all the criteria of state law.
<br />A Public Hearing was held on the Resolution at this time.
<br />There being no one present wishing to speak to the Council either in favor of or in opposition to this
<br />Resolution, Councilmember Varner made a motion to adopt this Resolution. Councilmember
<br />Coleman seconded the motion which carried and the Resolution was adopted by a roll call vote of
<br />nine (9) ayes.
<br />RESOLUTION NO. 2981 -01 A RESOLUTION OF THE COMMON COUNCIL OF THE
<br />CITY OF SOUTH BEND ADOPTING A WRITTEN
<br />FISCAL PLAN AND ESTABLISHING A POLICY FOR
<br />THE PROVISION OF SERVICES TO AN ANNEXATION
<br />AREA IN CLAY TOWNSHIP (MAORI /LAFREE
<br />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 the sole (100 %) property owner which proposes the
<br />annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is described
<br />more particularly in Section I of this Resolution, and;
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 4.44 acres of
<br />vacant land, which property is at least 12.1 % contiguous to the current City limits, i.e. approximately
<br />12.5% contiguous, generally located on the north side of Juday Creek, about 200 feet of the end
<br />of MacErlain Avenue in Clay Township, Indiana. This annexation area will require a basic level of
<br />municipal public services, of a non - capital improvement nature, including police and fire protection,
<br />street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and
<br />services of a capital improvement nature, including street and road construction, a street lighting
<br />system, a storm water system, a sanitary sewer system, and a water distribution system; and
<br />WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to
<br />establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of
<br />services of a non - capital nature, including street and road maintenance, police and fire protection,
<br />and other non - capital services normally provided within the corporate boundaries, and services of
<br />a capital improvement nature, including a sewer collection system, a water distribution system, and
<br />a street lighting system; (2) the method (s) of financing those services; (3) the plan for the
<br />organization and extension of those services; (4) that services of a non - capital nature will be
<br />provided to the annexed area within one (1) year after the effective date of the annexation, and that
<br />they will be provided in a manner in standard and scope to similar non - capital services provided to
<br />areas within the 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 nature will
<br />be provided to the annexed area within four (4) years after the effective date of the annexation in the
<br />same manner as the 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; and (6) the plan for hiring the employees of
<br />other governmental entities whose jobs will be eliminated by the proposed annexation; and
<br />WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public
<br />Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of
<br />South Bend, have each approved a written fiscal plan and established a policy for the provision of
<br />services to the territory proposed to be annexed, which plan and policy the Common Council finds
<br />to be appropriate and in the best interest of the City, and, which it desires to adopt.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
<br />OF SOUTH BEND, INDIANA, AS FOLLOWS:
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