HomeMy WebLinkAboutFiscal Plan for Salah & Cybthia Hilal Annexation Area in German TownshipAttest:
RESOLUTION
3132 -02
Passed by the Common Council of the City of South Bend, Indiana
November 11,
zo 02
WA
C
Presented by me to the Mayor of the City of South Bend, Indiana
November 13 20 02.
Approved and signed by me
November 15,
City Clerk
President of Common Council
20-2-2—.
City Clerk
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RESOLUTION NO. 3 (3 Z Z
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
( SALAH AND CYNTHIA HILAL ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana, an Ordinance and a petition by the sole (100 %) property owner 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 3.42 acres
of vacant land which is at least 12.5% contiguous to the current City limits, i.e., approximately
13.3% contiguous, which property is located on the west side of Portage Avenue, approximately
2700 feet north of Cleveland Road. This annexation area is part of a two -step annexation process,
the ultimate purpose of which is to construct a combination of commercial, office and multi - family
uses. However, the parcel which is the subject of this annexation is landlocked until the second
phase annexation occurs which will annex the entire tract intended for development. This
annexation area as developed 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; it will also require services of a capital
improvement nature, including a sanitary sewer system, a water distribution system, a drainage
system, street lighting, and possible street and road construction; 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, police and fire protection,
and other non - capital services normally provided within the corporate boundaries, and services of
a capital improvement nature, including a sanitary sewer system, a water distribution system, a
drainage system, street lighting, and possible street and road construction; (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 four (4) years
after the effective date of the full and complete 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 a written Fiscal Plan 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 real property located in German Township, St. Joseph County, Indiana, described
more particularly as follows, be annexed to the City of South Bend:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 22,
TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA WHICH IS DESCRIBED AS:
BEGINNING AT THE SOUTHWEST CORNER THE NORTHWEST QUARTER
OF SAID SECTION 22; THENCE N. 00'-00'-00" E. ALONG THE WEST LINE
OF SAID QUARTER SECTION, 292.71 FEET MORE OR LESS TO THE SOUTH
LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED IN PLAT BOOK
# 15 ON PAGE "P -5" IN THE RECORDS OF THE ST. JOSEPH COUNTY,
INDIANA RECORDER'S OFFICE; THENCE N. 900 — 00' -00" E. (ASSUMED
BEARING) ALONG SAID SOUTH LINE, 510.00 FEET MORE OR LESS;
THENCE S. 000 - 00' -00" W., 292.27 FEET MORE OR LESS TO THE EAST &
WEST QUARTER LINE OF SAID SECTION 22; THENCE S. 890 — 57' -01" W.
ALONG SAID QUARTER LINE, 510.00 FEET MORE OR LESS TO THE POINT
OF BEGINNING.
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 services to said territory 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 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 a sanitary sewer system, a water distribution system, a drainage system, street
lighting, and possible street and road construction, within four (4) years of the effective date of the
full, complete 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 shall and does hereby now
establish and adopt the Fiscal Plan set forth in Exhibit "A ", attached hereto and made a part hereof,
for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides among
other things, that virtually all capital improvements required to service the annexation area will be
planned, provided, and paid for by the owner /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
NOT APPROVED
ADOPTED
CCU. r/
Member, South Bend Common Coun 1
Filed In Clerk's Office
OCT 14 2002
LORETTA J. OUDA
CRYCLERK, SO. SEND. IN.
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
02 -80 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,
SALAH AND CYNTHIA HILAL 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.
Karl King
Chairman