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Be it remembered that the Common Council of the City of South Bend met in the Council <br />Chambers of the County -City Building on Monday, October 25, 1993, at 7:00 P.M. The <br />meeting was called to order and the Pledge to the Flag was given. <br />Present: Council Members Luecke, Washington, Kelly, <br />Puzzello, Slavinskas, Zakrzewski, Coleman, Duda <br />and Ladewski <br />Absent: None <br />93 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND <br />ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR <br />THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN <br />TOWNSHIP (SHIVELY- DEMAEGT ANNEXATION) <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 is vacant land located in German <br />Township, St. Joseph County, contiguous therewith and generally located east of <br />Mayflower Road, between Brick and Cleveland Roads. The development of the territory <br />proposed to be annexed will require a basic level of municipal public services, which <br />services shall include services of a non - capital nature, including street and road <br />maintenance, and services of a capital improvement nature, including street <br />construction, street lighting, sewer 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 police showing (1) the <br />cost estimates of services of a non - capital nature, including street and road <br />maintenance, police and fire protection 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 to <br />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 year after the <br />effective date of the annexation, and that they will be provided in a manner <br />equivalent in standard and scope to similar non - capital services provided to areas <br />within the corporate boundaries of the City of South Bend, that have characteristic <br />of 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 of <br />other governmental entities whose jobs will be eliminated by the proposed annexation; <br />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 be <br />in the best interests of the City. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, AS FOLLOWS: <br />Section I. That it is in the best interest of the City of South Bend and of the <br />area proposed to be annexed that the real property located in German Township, St. <br />Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part <br />hereof, be annexed to the City of South Bend. <br />Section II. That it shall be and hereby is now declared and established that it <br />is the policy of the City of South Bend to furnish to said territory services of a <br />non - capital nature, such as street and road maintenance, police and fire protection, <br />within one (1) year of the effective date of the annexation, in a manner equivalent <br />in standard and scope to the services furnished by the City to other areas of the <br />City which have characteristics of typography, patterns of land utilization and <br />population density similar to said territory; and to furnish to said territory <br />services of a capital improvement nature, such as street construction, street <br />lighting, water facilities, sewer facilities, and storm water facilities, within <br />three (3) of the effective date of the annexation, in the same manner as those <br />services are provided to areas within the corporate boundaries of the City of South <br />Bend that have characteristics of topography, patterns of land use and population <br />density similar to that of the territory to be annexed and in a manner consistent <br />with Federal, State and local laws, procedures, and planning 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 adoption <br />