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RESOLUTION NO. 3 � U—D_5� <br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br />INDIANA, ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY <br />FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN <br />GERMAN TOWNSHIP <br />(JO ANN NUCCI ANNEXATION AREA) <br />WHEREAS, there has been submitted to the Common Council of the City of South <br />Bend, Indiana, an Ordinance and a petition by the sole (100 %) property owner which proposes <br />the annexation of real estate located in German Township, St. Joseph County, Indiana, which is <br />described more particularly in Section I of this Resolution, and; <br />WHEREAS, the territory proposed to be annexed encompasses approximately 2.11 acres <br />of land on which is situated one single family residence, which property is at least 12.5% <br />contiguous to the current City limits, i.e., approximately 57% contiguous, generally located on <br />the east side of Portage Road, approximately 500 feet north of Appaloosa Lane, German <br />Township, Indiana. It is anticipated that upon annexation and this Council's separate approval, <br />the zoning will be changed from "R" Residential to "CB" Community Business District, and that <br />eventually the annexation area will be the site of a commercial retail center. For its expected <br />fixture use, this annexation area will require a basic level of municipal public services of a non- <br />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, street lighting, a sanitary sewer <br />system, a water distribution system, a storm water system and drainage plan; 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, sewage collection, street <br />sweeping, flushing, and snow removal, police and fire protection, and other non - capital services <br />normally provided within the corporate boundaries, and services of a capital improvement <br />nature, including street and road construction, street lighting, a sanitary sewer extension, a water <br />distribution system, and a storm water system to be furnished to the territory to be annexed; (2) <br />the method(s) of financing those services; (3) the plan for the organization and extension of those <br />services; (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 manner in <br />standard and scope to similar non - capital services provided to areas within the corporate <br />boundaries of the City of South Bend, regardless of similar topography, patterns of land use, or <br />population density; (5) that the services of a capital improvement nature will be provided to the <br />annexed area within three (3) years after the effective date of the annexation in the same manner <br />as the services are provided to areas within the corporate boundaries of the City of South Bend, <br />regardless of similar topography, patterns of land use, or population density, and in a manner <br />consistent with federal, state and local laws; and (6) the plan for hiring the employees of other <br />governmental entities whose jobs will be eliminated by the proposed annexation; and <br />