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HomeMy WebLinkAboutFiscal Plan for Brick Road L.L.C. in German TownshipAttest: RESOLUTION 2980 -01 Passed by the Common Council of the City of South Bend, Indiana April 9, 01 20_. Presented by me to the Mayor of the City of South Bend, Indiana April 10, Approved and signed by me APRIL 11, 01 City Clerk President of Common Council 20 01 City Clerk ME RESOLUTION NO. Z \ 0 © � 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 GERMAN TOWNSHIP (BRICK ROAD L.L.C. 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 on page 11 in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 7.5 acres of land together with a vacant farm house and farm related buildings, which property is at least 12.1 % contiguous to the current City limits, i.e. approximately 48% contiguous, generally located about on the South side of Brick Road approximately 850 feet East of Mayflower. Road in German Township, Indiana. The annexation territory is proposed for development of a Business Park district with a change of zoning from "Residential" to `B.P." upon annexation (subject to requisite approval), and this annexation area 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 • capital improvement nature, including a sewer collection system, a water distribution system, and • 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 German Township, St. Joseph County, Indiana, described more particularly as follows, be annexed to the City of South Bend: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 17 AND THE NORTHEAST QUARTER OF SECTION 20, ALL IN TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS DESCRIBED AS: BEGINNING AT THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 20; THENCE ALONG THE EAST LINE OF SAID WEST HALF, S. 00 - 00' -00" W. (ALL BEARINGS ASSUMED), 750.00 FT. MORE OR LESS TO THE EXISTING CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE ALONG SAID LINE FOR THE NEXT TWO COURSES, S. 90 - 00' -00" W., 420.00 FT. MORE OR LESS AND N. 00 - 00' -00" E., 770.00 FT. MORE OR LESS TO THE NORTH RIGHT -OF -WAY LINE OF BRICK ROAD; THENCE ALONG SAID NORTH LINE FOR THE NEXT FIVE COURSES, N. 90 - 00' -00" E. 75.16 FT. MORE OR LESS AND N. 00 - 00' -00' E., 20.00 FT. MORE OR LESS AND N. 90 - 00' -00" E., 162.84 FT. MORE OR LESS AND S. 00 - 00' -00" W., 20.00 FT. MORE OR LESS AND N. 90 - 00' -00" E., 182.00 FT. MORE OR LESS TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 17; THENCE ALONG SAID EAST LINE, S. 00 - 00' -00" W., 20.00 FT. MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 7.50 ACRES MORE OR LESS. SUBJECT TO ALL LEGAL HIGHWAYS, EASEMENTS AND RESTRICTIONS OF RECORD. 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, 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, and that the other capital improvements required to service the annexation area will be planned, provided, and paid for by the 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 \ -6\ NOT APPROVED ADOPTED k-�"V-Ok Member, South Bend Commol C&@Icil Filed In Clerk's Office MAR 2 7 2�Qi LOBETTAJ. WDA Cf(Y CLERK, 80. BEND, ltd. COMMITTEE REPORT TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 01 -21 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 GERMAN TOWNSHIP (BRICK ROAD L.L.C. 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 Udj ak Chairman