HomeMy WebLinkAbout4994-22 Adopting a fiscal plan & Est. Policy for Provision to an Annexation Area: German Twnshp RESOLUTION
No. 4994-22
Passed by the Common Council of the City of South Bend, Indiana
December 12, 20 22
Attest: C • ( t-a) City Clerk
Dawn M. Jones
Attest; //(11.All 17\11V-6/0 President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
December 13, 20 22
/4„76.ezz) ` a City Clerk
Dawn M. Jones
Approved and signed by me '" °`^ lr/ 20 2 Z
Mayor
BILL NO. 22-59
RESOLUTION NO. 4994-22
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
(CLEVELAND-SHELLBARK 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 2.8 acres
of land containing a commercial building which property is at least 12.5% contiguous to the
current City limits, i.e., 50% contiguous, generally located at the northwest corner of Cleveland
Road and Shellbark Avenue (21275 Cleveland Road). It is anticipated that the annexation area
will be used for a car wash; 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 Portage Township, St. Joseph
County, Indiana be annexed to the City of South Bend:
Part of the West Half of the Southeast Quarter of Section 22, Township 38 North,
Range 2 East, German Township, St. Joseph County, Indiana, being more
particularly described as follows:
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Starting at the Southwest corner of the Southeast Quarter of Section 22,Township
38 North, Range 2 East; thence East 940 feet; thence North 40 feet to the
Southwest Corner of Lot 91 in the Proposed Plat of Lilac Acres Subdivision to the
Point of Beginning; thence North 318 feet along the West Line of Said Lot 91 to
the Northwest Corner of Said Lot 91; thence East 380 feet to the Northwest
Corner of Lot 95 in the Proposed Plat of Lilac Acres Subdivision; thence South
318 feet along the West Line of Said Lot 95, also being the East Right-of-Way
Line of Shellbark Avenue, to the Southwest Corner of Said Lot 95; thence West
380 feet along the North Right-Of-Way Line of Cleveland Road to the Point of
Beginning. Containing 2.77 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, any improvements in sewer or water capacity, and a City-approved
drainage system to be paid for by the developer, all in compliance with state and local law; that
no additional street lighting will be necessary and any future lighting especially of a decorative
nature or with underground wiring will be at the developer/owner's expense; that no new roads
or streets will be required with the owner/developer to complete a traffic impact study to
determine if any additional improvements are required for the car wash use; and for the
developer to relocate the existing Cleveland Road driveway approach to be at least one hundred
feet away from the Shellbark Avenue intersection.
Section IV. Sidewalks should be provided along public streets, to 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 improvements or
alterations to the property meet the City of South Bend's building, zoning and subdivision
requirements.
Section VI. This Resolution shall be effective from and of the date of adoption by the
Common Council.
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Sharon McBride, Council President
South Bend Common Council
Attest:
/12U(7 /
Dawn M. Jones, City Cl
Office of the City Clerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the I day of 00L�/.tvtait , 2022, at //
o'clock at-,. m.
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/60/5'-D 71( - )7)a4')
Dawn M. Jones, City Cler
Office of the City Clerk
Approved and signed by me on the «ta day of de-c"$.1 , 2022, at t o'clock ies m
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Jam Mueller, Mayor
City of South Bend, Indiana
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