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SUBSTITUTE <br />RESOLUTION NO. 12 1 O -R D <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 />WHEREAS, there has been submitted to the Common Council of the <br />City of South Bend, Indiana, an 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 adjacent to <br />and /or near the Michiana Regional Airport and is to be developed, as <br />part of the City's Airport 2010 project, which development will <br />require a level of municipal public services basic to the <br />establishment and maintenance of such development, which services <br />shall include services of a non - capital nature, including street and <br />road maintenance, fire and police protection, and services of a <br />capital improvement nature, including street construction, street <br />lighting, sewer facilities, water facilities and storm water <br />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 <br />improvement nature, including street construction, street lighting, <br />water facilities, sewer facilities, and storm water drainage <br />facilities to be furnished to the territory to be annexed; (2) the <br />method(s) of financing those services; (3) the plan for the <br />organization and extension of those services; (4) that services of a <br />non - capital nature will be provided to the annexed area within one <br />(1) year after the effective date of the annexation, and that they <br />will be provided in a manner equivalent in standard and scope to <br />similar non - capital services provided to areas within the corporate <br />boundaries of the City of South Bend, that have characteristic of <br />topography, patterns of land use, and population density similar to <br />that of the territory to be annexed; (5) that services of a capital <br />improvement nature will be provided to the annexed area within three <br />(3) years after the effective date of the annexation in the same <br />manner as those services are provided to areas within the corporate <br />boundaries of the City of South Bend that have characteristics of <br />topography, patterns of land use and population density similar to <br />that of the territory to be annexed and in a manner consistent with <br />federal, state and local laws, procedures, and planning criteria; and <br />(6) the plan for hiring the employees of other governmental entities <br />whose jobs will be eliminated 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 an area which includes the territory to be annexed, which <br />plan and policy, as it relates to the territory to be annexed, the <br />Common Council finds appropriate and the adoption of which as the <br />plan and policy for the City of South Bend the Common Council finds <br />to be in the best interests of the City. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF <br />THE CITY 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 following <br />described real property located in German Township, St. Joseph <br />County, Indiana, be annexed to the City of South Bend: <br />