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BILL NO. 24-27
<br />RESOLUTION NO. 5090-24
<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 CLAY TOWNSHIP
<br />(FOX CREEK 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 annexation
<br />of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly
<br />described at Section I of this Resolution; and
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 7.5 acres of
<br />vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., 57.9%
<br />contiguous, generally located at the northwest corner of Hepler Street and Hickory Road (17023
<br />Hepler Street). It is anticipated that the annexation area will be used for residential development,
<br />primarily in the form of duplexes; and
<br />WHEREAS, this development will require a basic level of municipal public services of a
<br />non -capital 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 capital
<br />improvement nature, including street and road construction, sidewalks, street lighting, a sanitary
<br />sewer system, a water distribution system, and a storm water system 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, flushing,
<br />and snow removal, and sewage collection, and other non -capital services normally provided within
<br />the corporate 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 storm
<br />water system to be furnished to the territory to be annexed; (2) the method(s) of financing those
<br />services; (3) the plan for the organization and extension of those services; (4) that services of a
<br />non -capital nature will be provided to the annexed area within one (1) year after the effective date
<br />of the annexation, and that they will be provided in a manner equivalent in standard and scope to
<br />similar non -capital services provided to areas within the corporate boundaries of the City of South
<br />Bend, regardless of similar topography, patterns of land use, and population density; (5) that
<br />services of a capital improvement nature will be provided to the annexed area within three (3)
<br />years after the effective date of the annexation within the same manner as those services are
<br />provided to areas within the corporate boundaries of the City of South Bend regardless of similar
<br />topography, patterns of land use, or population density, and in a manner consistent with federal,
<br />state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees
<br />or other governmental entities whose jobs will be eliminated by the proposed annexation.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
<br />CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
<br />Section I. It is in the best interest of the City of South Bend and the area proposed to be
<br />annexed that the following described real property located in Clay Township, St. Joseph County,
<br />Indiana, be annexed to the City of South Bend:
<br />A part of the Southeast Quarter of the Northeast Quarter of Section 32, Township 38
<br />North, Range 3 East, Clay Township, St. Joseph County, Indiana, being more particularly
<br />described as follows:
<br />Beginning at the southeast corner of said Southeast Quarter, also being the intersection of
<br />the centerlines of Hepler Street and Hickory Road; thence west along the centerline of
<br />Hepler Street 247.5 feet to the east line of the Creekwood Villas subdivision extended
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