Bill 16-36 Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Portage Township (Cataldo Annexation Area)

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NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Portage Township, St. Joseph County, Indiana be annexed to the City of South Bend: A part of the East Half of the Northeast Quarter of Section 21, Township 37 North, Range 2 East, described as follows: Beginning at a point on the East Line of the East Half of the Northeast Quarter of Section 21, 421.68 feet North of the Centerline of State Road 23; thence South 88 °24' West, 768.80 feet; thence South, 795.81 feet to the Northwesterly right -of -way line of State Road 23; thence Southeasterly, 175 feet, more or less to a point on the Southerly right -of -way of State Road 23; thence Northeasterly along said Southerly right -of -way, 794 feet, more or less, to a point on the East Line of Said East Half, thence North along Said East Line, 470 feet, more or less, to the point of beginning. Containing 12.8 acres more or less. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council, shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with costs for extensions and any improvements in sewer or water capacity to be paid for by the developer in compliance with state and local law; that the developer will create a surface water pollution prevention plan and obtain a storm water discharge permit prior to disturbing the land; that the City can provide basic street lighting with expenses for additional or decorative lighting to be paid by the developer with possible maintenance and operation of additional lighting by the City from property tax revenue; and that no new roads or streets will be required.