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RESOLUTION NO. 38 R
<br />A RESOLUTION OF THE COMMON COUNCIL
<br />OF THE CITY OF SOUTH BEND ADOPTING A
<br />WRITTEN FISCAL PLAN AND ESTABLISHING A
<br />POLICY FOR THE PROVISION OF SERVICES TO
<br />AN ANNEXED AREA IN PORTAGE TOWNSHIP
<br />(YOUNG ANNEXATION)
<br />WHEREAS, there has been submitted to the Common Council of the City of South Bend,
<br />Indiana, an ordinance which proposes the annexation of the hereinafter described real estate located
<br />in Portage Township, St. Joseph County, Indiana; and
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 50.7 acres
<br />comprised primarily of undeveloped land, located in Portage Township, St. Joseph County,
<br />contiguous to the City of South Bend, approximately 76% of its aggregate external boundaries
<br />coinciding with the boundaries of the City of South Bend, is generally located at the Northeast
<br />corner of New Energy Drive and State Road 23, and is needed and can be used by the City of South
<br />Bend for its development in the reasonably near future. The development of the territory proposed to
<br />be annexed will require a basic level of municipal public services, which services shall include
<br />services of a non - capital nature, including street and road maintenance, fire and police protection,
<br />and services of a capital improvement nature, including street construction, street lighting, sewer
<br />facilities, water facilities and storm water facilities; and
<br />WHEREAS, the Common Council of the City of South Bend, Indiana now desires to establish
<br />and adopt a fiscal plan and establish a definite policy showing (1) the cost estimates of services of a
<br />non - capital nature, including street and road maintenance, police and fire protection and other
<br />non - capital services normally provided within the corporate boundaries, and services of a capital
<br />improvement nature, including street construction, street lighting, water facilites, sewer facilities, and
<br />storm water drainage facilities to be furnished to the territory to be annexed; (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 nature will be provided to the annexed area within one (1) year after the
<br />effective date of the annexation, and that they will be provided in a manner equivalent in standard
<br />and scope to similar non - capital services provided to areas within the corporate boundaries of the
<br />City of South Bend, that have characteristic of topography, patterns of land use, and population
<br />density similar to that of the territory to be annexed; (5) that services of a capital improvement
<br />nature will be provided to the annexed area within three (3) years after the effective date of the
<br />annexation in the same manner as those services are provided to areas within the corporate
<br />boundaries of the City of South Bend that have characteristics of topography, patterns of land use
<br />and population density similar to that of the territory to be annexed and in a manner consistent with
<br />federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the
<br />employees of other governmental entities whose jobs will be eliminated by the proposed annexation;
<br />and
<br />WHEREAS, the Board of Public Works of the City of South Bend and the Board of Public
<br />Safety of the City of South Bend have approved a written fiscal plan and established a policy for the
<br />provision of services to the territory to be annexed, which plan and policy the Common Council
<br />finds appropriate and the adoption of which as the plan and policy for the City of South Bend the
<br />Common Council finds to be in the best interests of the City.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE
<br />CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
<br />Section I. That it is in the best interest of the City of South Bend and of the area proposed to
<br />be annexed that the real property located in Portage Township, St. Joseph County, Indiana, described
<br />at Exhibit "A," attached hereto and made a part hereof,
<br />be annexed to the City of South Bend.
<br />Section II. That it shall be and hereby is now declared and established that it is the policy of
<br />the City of South Bend to furnish to said territory services of a non - capital nature, such as street and
<br />road maintenance, police and fire protection, within one (1) year of the effective date of the
<br />annexation, in a manner equivalent in standard and scope to the services furnished by the City to
<br />other areas of the City which have characteristics of typography, patterns of land utilization and
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