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RESOLUTION NO. 2145 -94 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH
<br />BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A
<br />POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA
<br />IN GERMAN TOWNSHIP.
<br />WHEREAS, there has been submitted to the Common Council of the City of South
<br />Bend, Indiana, an ordinance which proposes the annexation of the hereinafter
<br />described real estate located in German Township, St. Joseph County, Indiana; and
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 16.103
<br />acres of vacant, undeveloped land, located in German Township, St. Joseph County,
<br />contiguous therewith and generally located south of Brick Road, and west of Portage
<br />Road. The development of the territory proposed to be annexed will require a basic
<br />level of municipal public services, which services shall include services of a non-
<br />capital nature, including street and road maintenance, and services of a capital
<br />improvement nature, including street construction, street lighting, sewer
<br />facilities, and storm water facilities; 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
<br />cost estimates of services of a non - capital nature, including street and road
<br />maintenance, police and fireprotection and other non - capital services normally
<br />provided within the corporate boundaries, and services of a capital improvement
<br />nature, including street construction, street lighting, water facilities, sewer
<br />facilities, and storm water drainage facilities to be furnished to the territory
<br />to be annexed; (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
<br />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
<br />standard and scope to similar non - capital services provided to areas within the
<br />corporate boundaries of the City of South Bend, that have characteristic of
<br />topography, patterns of land use, and population density similar to that of the
<br />territory to be annexed; (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 in the same manner as those services are provided to areas within the
<br />corporate boundaries of the City of South Bend that have characteristics of
<br />topography, patterns of land use and population density similar to that of the
<br />territory to be annexed and in a manner consistent with federal, state and local
<br />laws, procedures, and planning criteria; and (6) the plan for hiring the employees
<br />of other governmental entities whose jobs will be eliminated by the proposed
<br />annexation; and
<br />WHEREAS, the Board of Public Works of the City of South Bend, the Board of
<br />Public Safety of the City of South Bend, and the Board of Water Works Commissioners
<br />of the City of South Bend have approved a written fiscal plan and established a
<br />policy for the provision of services to the territory to be annexed which plan and
<br />policy, as it relates to the territory to be annexed, the Common Council finds to
<br />be in the best interests of the City.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH
<br />BEND, INDIANA, AS FOLLOWS:
<br />Section I. That it is in the best interest of the City of South Bend and of
<br />the area proposed to be annexed that the real property located in German Township,
<br />St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a
<br />part hereof, be annexed to the City of South Bend.
<br />Section II. That it shall be and hereby is now declared and established that
<br />it is the policy of the City of South Bend to furnish to said territory services
<br />of a non - capital nature, such as street and road maintenance, police and fire
<br />protection, within one (1) year of the effective date of the annexation, in a
<br />manner equivalent in standard and scope to the services furnished by the City to
<br />other areas of the City which have characteristics of typography, patterns of land
<br />utilization and population density similar to said territory; and to furnish to
<br />said territory services of a capital improvement nature, such as street
<br />construction, street lighting, water facilities, sewer facilities, and storm water
<br />facilities, within three (3) of the effective date of the annexation, in the same
<br />manner as those services are provided to areas within the corporate boundaries of
<br />the City of South Bend that have characteristics of topography, patterns of land
<br />use and population density similar to that of the territory to be annexed and in
<br />a manner consistent with Federal, State and local laws, procedures, and planning
<br />criteria.
<br />Section III. That the Common Council of the City of South Bend shall and does
<br />hereby now establish and adopt the fiscal plan, attached hereto and made a part
<br />hereof, for the furnishing of said services to the territory to be annexed.
<br />Section IV. This resolution shall be in full force and effect upon its
<br />adoption by the Common Council and approval by the Mayor.
<br />/s/ Ann Puzzello
<br />Member, Common Council
<br />EXHIBIT A
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