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RESOLUTION NO. 1 \— Q) 3 <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 <br />IN GERMAN TOWNSHIP <br />(SALAH AND CYNTHIA HILAL II 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 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 3.2 acres <br />of land containing a single family home surrounded by vacant land which is at least 12.5% <br />contiguous to the current City limits, i.e., approximately 18.9% contiguous, which property is located <br />on the west side of Portage Avenue, approximately 2700 feet north of Cleveland Road. This <br />annexation area is the second part of a two -step annexation process, the first phase of the annexation <br />area having been incorporated into the City of South Bend effective January 5, 2003. The ultimate <br />plan for the entire annexation area (Phases I & 11) will be to construct a combination of commercial, <br />office and multi - family uses. The entire annexation area as developed 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; it will <br />also require services of a capital improvement nature, including a sanitary sewer system, a water <br />distribution system, a drainage system, street lighting, and possible street and road construction; 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 sanitary sewer system, a water distribution system, a <br />drainage system, street lighting, and possible street and road construction; (2) the method (s) of <br />financing those services; (3) the plan for the organization and extension of those services; (4) that <br />services of a non - capital improvement nature will be provided to the entire annexed area (Phases I <br />& II) within one (1) year after the effective date of this (Phase II) annexation, and that they will be <br />provided in a manner in standard and scope to similar non - capital services provided to areas within <br />the corporate boundaries ofthe City of South Bend, regardless of similar topography, patterns of land <br />use, or population density; (5) that the services of a capital improvement nature will be provided to <br />the entire annexation area (Phases I & 11) within four (4) years after the effective date of this Phase <br />11 annexation in the same manner as the services are 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, and in a manner consistent with federal, state and local laws; and (6) the plan for <br />hiring the employees of other governmental entities whose jobs will be eliminated by the proposed <br />annexation; and <br />