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RESOLUTION NO. ,25 'V <br />A RESOLUTION OF THE COMMON COUNCIL <br />OF THE CITY OF SOUTH BEND <br />ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A <br />POLICY FOR THE PROVISION OF SERVICES TO <br />AN ANNEXED AREA IN GERMAN TOWNSHIP <br />(WALMART /PORTAGE ANNEXATION) <br />WHEREAS, there has been submitted to the Common Council of <br />the City of South Bend, Indiana, an ordinance which proposes the <br />annexation of the real estate described hereinafter as Exhibit <br />"A ", located in German Township, St. Joseph County, Indiana; and <br />WHEREAS, the territory proposed to be annexed encompasses <br />approximately 12.2 acres of land, presently used primarily for <br />residential purposes but contemplated for commercial development <br />and located on the west side of Portage Avenue, approximately <br />2,500' north of Cleveland Road in German Township, St. Joseph <br />County, Indiana; with 53% of its aggregate external boundaries <br />coinciding with the boundaries of the City of South Bend; and <br />this territory is needed and and can be used by the City of South <br />Bend for its development in the reasonably near future. The <br />development of the territory proposed to be annexed will require <br />a basic level of municipal public services, including fire and <br />police protection, street and road maintenance, water and sewer <br />service, and services of a capital improvement nature, including <br />street lighting; potential street widening and traffic light <br />installation; and <br />WHEREAS, the Common Council of the City of South Bend, <br />Indiana, now desires to establish and adopt a fiscal plan and <br />establish a definite policy showing: (1) the cost estimates of <br />services of a non - capital nature, including street and road <br />maintenance, police and fire protection, and other non - capital <br />services normally provided within the corporate boundaries, and <br />services of a capital improvement nature, including street <br />lighting; (2) the method(s) of financing those services; (3) the <br />plan for the organization and extension of those services; (4) <br />that services of a non - capital nature will be provided to the <br />annexed area within one (1) year after the effective date of the <br />annexation, and that they will be provided in a manner in <br />standard and scope to similar non - capital services provided to <br />areas within the corporate boundaries of the City of South Bend, <br />regardless of similar topography, patterns of land use, or <br />population density; (5) that services of a capital <br />improvement nature will be provided to the annexed area within <br />four (4) years after the effective date of the annexation in the <br />same manner as the services are provided to areas within the <br />corporate boundaries of the City of South Bend, regardless of <br />similar topography, patterns of land use, or population density, <br />and in a manner consistent with federal, state and local laws; <br />and (6) the plan for hiring the employees of other governmental <br />entities whose jobs will be eliminated by the proposed <br />annexation; and <br />WHEREAS, the Board of Public Works of the City of South <br />Bend, the Board of Public Safety of the City of South Bend, and <br />the Board of Water Works Commissioners of the City of South Bend, <br />have each approved a written fiscal plan and established a policy <br />for the provision of services to the territory proposed to be <br />annexed, which plan and policy the Common Council finds <br />appropriate and the adoption of which as the plan and policy for <br />the City of South Bend, the Common Council finds to be in the <br />best interests of the City. <br />