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RESOLUTION NO. 22 "b
<br />A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
<br />ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE
<br />PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP
<br />(ARBY'S 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 ofreal estate located in Centre Township, St. Joseph County, Indiana, which is described
<br />more particularly at Section I of this Ordinance and also in the Fiscal Plan at Table I, page 11,
<br />attached hereto and incorporated herein; and
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 2.15
<br />acres of improved land, which property is at least 12.1% contiguous to the current City limits, i.e.,
<br />approximately 28% contiguous, generally located at the southwest comer ofthe intersection ofKern
<br />Road and U.S. 31 South in Centre Township, Indiana. The annexation territory is proposed for
<br />development of an Arby's Restaurant, convenience store, gasoline station and car wash to be zoned
<br />upon annexation to "C" Commercial "A" Height and Area (subject to requisite approval), and will
<br />require a basic level of municipal public services of a non - capital improvement nature, including
<br />police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and
<br />sewage collection, and services of a capital improvement nature, including street and road
<br />construction, a street lighting system, a storm water system, a sanitary sewer system, and a water
<br />distribution system; 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 sewer collection system, a water distribution system, and
<br />a street lighting system; (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 nature will be
<br />provided to the annexed area within one (1) year after the effective date of the annexation, and that
<br />they will be provided in a manner in standard and scope to similar non - capital services provided to
<br />areas within the corporate boundaries of the City of South Bend, regardless of similar topography,
<br />patterns of land use, or population density; (5) that the services of a capital improvement nature will
<br />be provided to the annexed area within four (4) years after the effective date of the annexation in the
<br />same manner as the services are provided to areas within the corporate boundaries of the City of
<br />South Bend, regardless of similar topography, patterns of land use, or population density, and in a
<br />manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of
<br />other governmental entities whose jobs will be eliminated by the proposed annexation; and
<br />WHEREAS, the Board of Public Works of the City of South Bend, the Board of Public
<br />Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of South
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