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Home My WebLink AboutFiscal Plan for Arby's Annexation Area in Centre TownshipAttest: RESOLUTION 3027 -01 Passed by the Common Council of the City of South Bend, Indiana August 27, 2001 . Presented by me to the Mayor of the City of South Bend, Indiana August 28, 20 01 City Clerk President of Common Council City Clerk Approved and signed by me August 29, 2001 �LL:W RESOLUTION NO. 22 "b A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (ARBY'S 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 ofreal estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly at Section I of this Ordinance and also in the Fiscal Plan at Table I, page 11, attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.15 acres of improved land, which property is at least 12.1% contiguous to the current City limits, i.e., approximately 28% contiguous, generally located at the southwest comer ofthe intersection ofKern Road and U.S. 31 South in Centre Township, Indiana. The annexation territory is proposed for development of an Arby's Restaurant, convenience store, gasoline station and car wash to be zoned upon annexation to "C" Commercial "A" Height and Area (subject to requisite approval), and 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, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; 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 sewer collection system, a water distribution system, and a street lighting system; (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 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, the Board of Public Safety of the City of South Bend, and the Board of Water Works Commissioners 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 Centre Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: Part of the Northeast 1/4 of the Northeast 1/4 of Section 2, Township 36 North, Range 2 East, Centre Township, St. Joseph County, Indiana, described as follows: Beginning at the intersection of the Westerly right of way line of U.S. Highway 31 and the Southerly right of way line of Kern Road; thence North 89 degrees - 29 feet - 4 inches West on the Southerly right of way line of Kern Road, a distance of 311.00 feet; thence South 00 degrees - 18 feet - 32 inches West, a distance of 294.87 feet; thence South 89 degrees - 09 feet - 17 inches East, a distance of 222.81 feet to the Westerly right of way line of U.S. Highway 31; thence North 16 degrees - 54 feet - 34 inches East on said West right of way line, a distance of 308.70 feet to the point of beginning. Together with the following described tract: Beginning at the intersection of the Westerly right of way line of U.S. Highway 31 and the Southerly right of way line of Kern Road; thence Westerly on the Southerly right of way line of Kern Road to the Northwest comer of the above described tract; thence North to the Northerly right of way line of Kern Road; thence Easterly on the Northerly right of way line of Kern Road to the Westerly right of way line of U.S. Highway 31 and the Westerly corporation line of the City of South Bend; thence South on said Westerly line to the point of beginning. The area of the described tract is 2.145 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, 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, street and road construction, and a street lighting system, within four (4) 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 shall and does hereby now establish and adopt the fiscal plan described 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 existing water and sewer mains are sufficient to service this area, that existing streets will appropriatelyprovide forpublic access, and that the developer will provide street lighting at its costs subject to 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 0- 2;),Ot X Member, South Bend ComrnoW Council [riled In Clerk's Office AN 17 2001 LORMA J. DUDA CITY CL0r, BO. BEW, D9. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 01 -68 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (ARBY'S 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. Andrew Udjak Chairman