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SUBSTITUTE RESOLUTION NO. SLR -9�
<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 GERMAN TOWNSHIP
<br />(SHIVELY- DEMAEGT ANNEXATION)
<br />WHEREAS, there has been submitted to the Common Council of the
<br />City of South Bend, Indiana, a substitute ordinance which proposes the
<br />annexation of the hereinafter described real estate located in German
<br />Township, St. Joseph County, Indiana; and
<br />WHEREAS, the territory proposed to be annexed is vacant land
<br />located in German Township, St. Joseph County, contiguous therewith
<br />and generally located east of Mayflower Road, between Brick and
<br />Cleveland Roads. The development of the territory proposed to be
<br />annexed will require a basic level of municipal public services, which
<br />services shall include services of a non-- capital nature, including
<br />street and road maintenance, and services of a capital improvement
<br />nature, including street construction, street lighting, sewer
<br />facilities, and storm water facilities; and
<br />WHEREAS, the Common Council of the City of South Bend, Indiana
<br />now desires to establish and adopt a fiscal plan and establish a
<br />definite policy showing (1) the cost estimates of services of a
<br />non- capital nature, including street and road maintenance, police and
<br />fire protection and other non - capital services normally provided
<br />within the corporate boundaries, and services of a capital improvement
<br />nature, including street construction, street lighting, water
<br />facilities, sewer facilities, and storm water drainage facilities to
<br />be furnished to the territory to be annexed; (2) the method(s) of
<br />financing those services; (3) the plan for the organization and
<br />extension of those services; (4) that services of a non - capital nature
<br />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
<br />manner equivalent in standard and scope to similar non - capital
<br />services provided to areas within the corporate boundaries of the City
<br />of South Bend, that have characteristic of topography, patterns of
<br />land use, and population density similar to that of the territory to
<br />be annexed; (5) that services of a capital improvement nature will be
<br />provided to the annexed area within three (3) years after the
<br />effective date of the annexation in the same manner as those services
<br />are provided to areas within the corporate boundaries of the City of
<br />South Bend that have characteristics of topography, patterns of land
<br />use and population density similar to that of the territory to be
<br />annexed and in a manner consistent with federal, state and local laws,
<br />procedures, and planning criteria; and (6) the plan for hiring the
<br />employees of other governmental entities whose jobs will be eliminated
<br />by the proposed annexation; and
<br />WHEREAS, the Board of Public Works of the City of South Bend, the
<br />Board of Public Safety of the City of South Bend, and the Board of
<br />Water Works.Commissioners of the City of South Bend have approved a
<br />written fiscal plan and established a policy for the provision of
<br />services to the territory to be annexed which plan and policy, as it
<br />relates to the territory to be annexed, the Common Council finds to be
<br />in the best interests of the City.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
<br />OF SOUTH BEND, INDIANA, AS FOLLOWS:
<br />Section I. That it is in the best interest of the City of South
<br />Bend and of the area proposed to be annexed that the real property
<br />located in German Township, St. Joseph County, Indiana, described in
<br />Exhibit "A," attached hereto and made a part hereof, be annexed to the
<br />City of South Bend.
<br />Section II. That it shall be and hereby is now declared and
<br />established that it is the policy of the City of South Bend to furnish
<br />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
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