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HomeMy WebLinkAboutFiscal Plan for Mary Ann Powell & Salley Dunn Annexation Area in German TownshipRESOLUTION 3512 -05 Passed by the Common Council of the City of South Bend, Indiana September 12, 05 20_. Attest: City Clerk President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 13, 05 20 -- . Approved and signed by me September 16 20 5. City Clerk mayor RESOLUTION NO. 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 (MARY ANN POWELL & SALLY DUNN 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 described more particularly in Section I of this Resolution; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.24 acres of land which is currently vacant, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 57% contiguous, generally located on the west side of Portage Road, approximately 200 feet south of Brick Road, German Township, Indiana. It is anticipated that upon annexation and Common Council approval, the zoning will be changed from "R" Residential to "SF 1" Single Family Residential District, and that eventually the annexation area will be the site of a single family home. This future expected use 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, street lighting, a sanitary sewer system, a water distribution system, a storm water system and drainage plan; and WHEREAS, the Common Council of the City of South Bend, Indiana, 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 street and road maintenance, sewage collection, street sweeping, flushing, and snow removal, police and fire protection, 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 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, or population density; (5) that the services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation in the same manner as the 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; and (6) the plan for hiring the employees of other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the Board of Public Works of the City of South Bend, and the Board of Public Safety of the City of South Bend, have each approved the written fiscal plan as amended and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. 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, annexed to the City of South Bend: A part of the Northwest Quarter of Section 22, Township 38 North, Range 2 East, German Township, St. Joseph County, Indiana and being more particularly described as follows: Commencing at the northwest corner the Northwest Quarter of Section 22; thence South 00'22'11 " West along the west line of said Northwest Quarter, a distance of 129.38 to the west line's intersection with the westerly right -of -way line of Portage Avenue and the east line of Field Pointe Subdivision Phase 2 Section 3 as shown in the Office of the Recorder of St. Joseph County, Indiana as Instrument No. 0003856, said point being the point of beginning; thence North 69 °38'41" East, at right angles with said westerly right -of -way line, a distance of 70 feet, more or less to the easterly right -of -way line of said Portage Avenue; thence South 20 °21'19" East along said easterly right -of -way line, a distance of 384.09 feet; thence South 69 °38'41" West, at right angles with said easterly right -of -way line, a distance of 70 feet, more or less to a point on the westerly right -of -way line of said Portage Avenue being the northeast corner of Lot 9 as shown on the recorded plat of Field Pointe Phase Three in said Recorder's Office as Instrument No. 0051408; thence South 75 °13'56" West along the north line of said Lot 9, a distance of 140.81 feet to the northwest comer of said Lot 9, said point also being on said east line of Field Pointe Phase 2 Section 3; thence North 00'22'11" East along said east line, a distance of 396.01 feet to the point of beginning containing 1.24 acres more or less. Section H. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish services to said territory of a non - capital nature, such as police and fire protection, street and road maintenance, sewage collection, 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 the services furnished by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as street and road construction, street lighting, a sanitary sewer extension, 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, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. The Common Council for the City of South Bend, Indiana shall and hereby does now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides, among other things, that existing water and sewer main lines will be sufficient to service this area; that no new roads or road improvements are required in this annexation area; and that a street drainage plan will be provided and paid for by the property developer subject to compliance with state and local law. Section IV. This Resolution shall be in full force and effect from and of its date of adoption by the Common Council and approval by the Mayor. PRESENTED O L� OS� NOT APPROVED WDOPTED q-(2- -0S- Member, South Bend Comm Council Filed In Clerk's Office AUG 3 0 2005 JOHN VOOHDE rrry ni rRK. 90. BEND. RL TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 05 -113 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, MARY ANN POWELL & SALLY DUNN ANNEXATION AREA Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation. Roland Kelly Chairman