HomeMy WebLinkAbout5090-24 Resolution Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to the Fox Creek Annexation Area in Clay TownshipRESOLUTION No.
5090-24
Passed by the Common Council of the City of South Bend, Indiana
August 26,
Attest:
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President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
August 27,
Approved and signed by me
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Bianca L. Tirado
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City Clerk
Mayor
BILL NO. 24-27
RESOLUTION NO. 5090-24
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
(FOX CREEK 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 7.5 acres of
vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., 57.9%
contiguous, generally located at the northwest corner of Hepler Street and Hickory Road (17023
Hepler Street). It is anticipated that the annexation area will be used for residential development,
primarily in the form of duplexes; 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:
A part of the Southeast Quarter of the Northeast Quarter of Section 32, Township 38
North, Range 3 East, Clay Township, St. Joseph County, Indiana, being more particularly
described as follows:
Beginning at the southeast corner of said Southeast Quarter, also being the intersection of
the centerlines of Hepler Street and Hickory Road; thence west along the centerline of
Hepler Street 247.5 feet to the east line of the Creekwood Villas subdivision extended
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south, also being the north -south South Bend city limits; thence north 1,320 feet to the
east -west South Bend city limits; thence east 247.5 feet to the east line of said Section 32;
then south 1,320 feet to the point of beginning. Containing 7.5 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 and fully incorporated herein 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 public streets will be required.
Section IV. Sidewalks should be provided along public streets as required and must
comply 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.
Sh McBride, Council President
South Bend Common Council
Att ;. t
Bianca L. Tirado, f y Clerk
Office of the City lerk
Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the
City of South Bend, Indiana on the 27th day of u st , 2024, at �12_ o'clock p.m.
Bianca irado, City Clerk
Office of the City Clerk
Approved and signed by me on the 1 day of Stfien , 2024, at 1 I o'clock t .m.
James ueller, Mayor
City f South Bend, Indiana
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