HomeMy WebLinkAboutAdopting written Fiscal Plan and establishing a policy for the provisions of services to an annexations area in Clay township (John Roy Annexation Area)RESOLUTION
3580-06
Passed by the Common Council of the City of South Bend, Indiana
April 27, 06
20
Attest:
City Clerk
President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana
April 28,
Approved and signed by me
20 6
April 28,
204.2._ .
City Clerk
RESOLUTION NO. ~ ~$~ ~O
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
(JOHN ROY 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 Clay 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 0.77 acres
of vacant, unimproved land, which property is at least 12.5% contiguous to the current City
limits, i.e., approximately 18% contiguous, generally located east of Willis Avenue
approximately 440 feet north of Vaness Street. It is anticipated that the annexation area will be
developed as a residential subdivision. Such residential use will require a basic level of
municipal public services of anon-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, and 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 anon-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 anon-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 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 following described real property located in Clay Township, St. Joseph County,
Indiana, be annexed to the City of South Bend:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 31,
TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH
COUNTY, INDIANA, WHICH IS DESCRIBED AS: BEGINNING AT THE
SOUTHEAST CORNER OF LOT #41 IN THE PLAT OF "VANESS PLAT" AS
RECORDED IN PLAT BOOK #11, PAGE #13, AS RECORDED IN THE
RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDERS
OFFICE, THENCE WEST ALONG THE SOUTH LINE OF LOT 41 AND ITS
WESTERLY EXTENSION 260.00 FEET MORE OR LESS TO A POINT ON
THE WEST RIGHT-OF-WAY LINE OF WILLIS AVENUE; THENCE NORTH
ALONG SAID WEST RIGHT-OF-WAY LINE 129.80 FEET MORE OR LESS;
THENCE EAST 260.00 FEET MORE OR LESS TO THE NORTHEAST
CORNER OF LOT 41 IN SAID PLAT; THENCE SOUTH ALONG THE EAST
LINE OF SAID LOT 129.80 FEET MORE OR LESS TO THE POINT OF
BEGINNING.
CONTAINING 0.77 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 anon-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 shall and does hereby now
establish and adopt The Fiscal Plan as set forth in Exhibit "A", as amended, 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 the public sanitary sewer network is available with
capacity sufficient to service this area; that street lighting, parking and additional streets as needed
will be installed at the developer's expense; and that a street drainage plan will also be planned,
provided, and paid for by the developer subject to compliance with state and local law.
Section IV. As a condition of annexation the Developer shall incorporate building design
elements for the four (4) units directly adjacent to Willis Avenue that might add interest to the
western facade of said units to insure that private development will enhance and reinforce the .
City's commitment to development and design of the highest possible quality.
Section V. 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.
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Member, South Be ommon Council
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ADOPTED
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
06-30 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, JOHN ROY 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