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RESOLUTION NO. 2 \ VA _01 <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 WARREN TOWNSHIP <br />(BW BUSINESS PARK 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 the real estate located in Warren Township, St. Joseph County, Indiana, which is more <br />particularly described in Section I of this Resolution, which Ordinance also proposes a change in <br />zoning from "R" Residential, to "IP" Industrial Park, contingent upon the owner's submission of a <br />final site plan within one (1) year of annexation; and <br />WHEREAS, the territory proposed to be annexed encompasses approximately 4.72 <br />unimproved acres of vacant land, which property is at least 12.1 % contiguous to the current City <br />limits, i.e. approximately 50% contiguous, generally located about 1300 feet South of the Indiana <br />Toll Road, West of Olive Road, in Warren Township, Indiana. The proposed annexation territory <br />is part of a larger, previously annexed property under Ordinance Number 9128 -00 (known as the <br />James and Barbara Kidder Annexation), to be developed as an industrial park. As part of the larger <br />annexation, this annexation area will require a basic level of municipal public services of a non- <br />capital nature including police and fire protection, street and road maintenance, street sweeping, <br />flushing, snow removal, and sewage collection, and services of a capital improvement nature, <br />including street and road construction, a street lighting system, a storm water system, a sanitary <br />sewer system, and a water 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 <br />