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Home My WebLink About4759-18 Old National Annexation Area Fiscal Plan RESOLUTION No. 4759-18 Passed by the Common Council of the City of South Bend, Indiana November 12, 20 18 Attest: City Clerk Kareemah N. Fowler Attest' = President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana November 12, 20 18 . 4.fresA---`) City Clerk Kareemah N. Fowler Approved and signed by me WieVntfkrt3 20 �lJ . BILL NO. 18-59 RESOLUTION NO. 4759-18 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 CLAY TOWNSHIP (OLD NATIONAL 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 Clay 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 1.9 acres of land containing one vacant commercial building formerly used as a bank,which is at least 12.5% contiguous to the current City limits, i.e., approximately 65.0% contiguous, generally located on the northeast corner of State Road 23 and Douglas Road. It is anticipated that the annexation area will be used for commercial purposes; 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. 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 Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: That Part of the Southwest Quarter of Section 29, Township 38 North, Range 3 East, St. Joseph County, Indiana,being more particularly described as follows: Beginning at the Northwest Corner of Lot"A"in Standard Federal Bank Replat of Lots 1 and 2 in Tower Minor Subdivision, recorded August 29, 1994 as Instrument Number 94-32933 in the Office of the Recorder of St. Joseph County, Indiana; thence West along the existing City Limit Line 122' more or less to the West Right-of-Way Line of State Road 23, also being the East Line of Lot 2A of Foundation Center First Replat Subdivision; thence Southwesterly along the West Right-of-Way Line of State Road 23, 417 feet,more or less,to the South Right- of-Way Line of Douglas Road;thence East 120 feet, more or less,to the East Right-of-Way Line of State Road 23; thence North along the East Right-of-Way Line of State Road 23 to the existing City Limit; thence West 18 feet, more or less, and Northeasterly 127 feet,more or less, along the existing City Limit Line; thence Southeasterly 30 feet more or less, and Easterly 215 feet, more or less, along the existing City Limit Line to the Southeast Corner of Lot"A"in Standard Federal Bank Replat of Lots 1 and 2 in Tower Minor Subdivision,recorded August 29, 1994 as Instrument Number 94-32933 in the Office of the Recorder of St. Joseph County, Indiana; thence North along the East Line of said Lot 160 feet; thence East along the South Line of said Lot 102.3 feet; thence North along the East Line of said Lot 80 feet to the Northwest Corner of said Lot; thence West along the North Line of said Lot 143.6 feet to the Point of Beginning. Containing approximately 1.89 acres. 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 lateral extensions and any improvements in sewer or water capacity to be paid for by the developer in compliance with state and local law; that no additional street lighting will be necessary; that no new roads or streets will be required; and that the developer will be responsible for extending the sidewalk along the north side of Douglas Road adjacent to the annexed parcel. 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)under the PROWAG standards. 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. Tim Scott, Council President South Bend Common Council PRESENTED i t I X21 _O i , NOT APPRO DOPTEI) 11 1 L2/act ( 1c1)