HomeMy WebLinkAbout4688-17 Adopting a Written Fiscal Plan to Baney Annexation Area RESOLUTION
No. 4688-17
Passed by the Common Council of the City of South Bend, Indiana
December 11, 20 17
Attest: City Clerk
Attest- President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 12, 20 17
City Clerk
Approved and signed by me I 20 I- .
MW
RESOLUTION NO. HW v—17
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND,INDIANA,ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN GERMAN TOWNSHIP
(BANEY ANNEXATION AREA)
WHEREAS,there has been submitted to the Common Council of the City of South Bend,
Indiana,an Ordinance and a petition by all(100%)property owners which proposes the annexation
of real estate located in German Township, St. Joseph County, Indiana,which is more particularly
described at Section I of this Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately 9.65 acres
of land containing a single-family house which property is at least 12.5%contiguous to the current
City limits, i.e., 100% contiguous, generally located on the north side of Cleveland Road (Nimtz
Parkway) west of the St. Joseph Valley Parkway (24605 Cleveland Road). It is anticipated that
the annexation area will be used for light industrial uses; and
WHEREAS,this development will require a basic level of municipal public services of a
non-capital improvement nature,including police and fire protection, street and road maintenance,
street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital
improvement nature, including street and road construction, sidewalks, street lighting, a sanitary
sewer system, a water distribution system, and a storm water system and drainage plan; and
WHEREAS,the South Bend Common Council now desires to establish and adopt a fiscal
plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital
nature,including police and fire protection, street and road maintenance, street sweeping,flushing,
and snow removal,and sewage collection,and other non-capital services normally provided within
the corporate boundaries; and services of a capital improvement nature including street and road
construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm
water system to be furnished to the territory to be annexed; (2) the method(s) of financing those
services; (3) the plan for the organization and extension of those services; (4) that services of a
non-capital nature will be provided to the annexed area within one (1) year after the effective date
of the annexation, and that they will be provided in a manner equivalent in standard and scope to
similar non-capital services provided to areas within the corporate boundaries of the City of South
Bend, regardless of similar topography, patterns of land use, and population density; (5) that
services of a capital improvement nature will be provided to the annexed area within three (3)
years after the effective date of the annexation within 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, and in a manner consistent with federal,
state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees
or other governmental entities whose jobs will be eliminated by the proposed annexation.
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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 German Township, St. Joseph
County, Indiana be annexed to the City of South Bend:
The West Half of the East Half of the Southeast Quarter of the Southwest Quarter of
Section Nineteen(19), Township Thirty-Eight(3 8)North, Range Two (2) East,
containing ten(10) acres, more or less, excepting therefrom the south 40.00 feet
measured at right angles, of the West Half of the East Half of the Southeast Quarter
of the Southwest Quarter of Section 19, Township 38 North, Range 2 East, German
Township, St. Joseph County, Indiana, more particularly described as follows:
Commencing at the Southeast Corner of the Southwest Quarter(SW 1/4) of Section
19; thence North 89°51'49" West along said South Line of the Southwest Quarter
(SW 1/4) a distance of 331.51 feet; thence North 00°24'05" West, 40.00 feet to the
North Right of Way Line of Cleveland Road, and to the point of beginning of this
description; thence North 89°51'49" West, being 40 feet North of and parallel with
the South Line of the Southwest Quarter of said Section 19, a distance of 328.86 feet,
to the East Line of the recorded plat of"Wells Electronics Minor"as known and
recorded in the Office of the Recorder of St. Joseph County in Instrument Number
9540132; thence North 00'25'16" West, along said East Line and also along the East
Line of Lot 1 in the recorded plat of"Fawn Development Minor Subdivision"as
known and recorded in the Office of the Recorder of St. Joseph County in Instrument
Number 9749756, a distance of 1276.63 feet to the South Line of Lot 2 in the
recorded plat of"Olive Road Commerce Park Ameriplex Minor Subdivision"as
known and recorded in the Office of the Recorder of St. Joseph County in Instrument
Number 0157246; thence North 89°51'00" East, along said South Line and also
along the South Line of Lot AAA in the recorded plat of"Olive Road Commerce
Park-Second Replat", as known and recorded in the Office of St. Joseph County in
Instrument Number 0035547, a distance of 329.28 feet,to the West Line of a parcel
of land owned by"31 Nimtz Land, LLC" and recorded in the Office of the Recorder
of St. Joseph County in Instrument Number 1704026, and as shown on Instrument
Number 1611106 -A Recorded Survey;thence South 00°24'05" East, along said
West Line, a distance of 1278.27 feet to the aforementioned point of beginning.
Above description containing 9.65 acres of land more or less, and is subject to all
easements, restrictions, and public rights of way of record.
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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 the
developer to pay the costs for lateral extensions and any improvements in sewer or water capacity
as well as a City-approved drainage system, all in compliance with state and local law; that no
additional street lighting will be necessary; that no new roads or streets will be required.
Section IV. Site planning should employ Complete Streets principles; and sidewalks
should be provided along public streets and be in compliance with the Americans with Disabilities
Act(ADA).
Section V. It is required as a condition of annexation that any future alterations to the
property meet the City of South Bend's building and zoning requirements.
Section VI. This Resolution shall be effective from and of the date of adoption by the
Common Council.
Member, South Bend Common Counci
Filed in Clerk's Office
3 NOV 2 9 2011
P�cEstNTEa Z�
��� I I l KAREEMAH FOWLER
CBOT APaR0V CITY CLERK,SOUTH BEND,IN