HomeMy WebLinkAboutFiscal plan and establishing a policy for the provision of services to an annexation area (Cataldo Annexation Area)Attes-
RESOLUTION
No. 4557 -16
Passed by the Common Council of the City of South Bend, Indiana
April 25, 1 2016
Presented by me to the Mayor of the City of South Bend, Indiana
April 26, 2016
City Clerk
dent of Common Council
----- — City Clerk
Approved and signed by me , P(—, � o) u 20L L.
.
MW
RESOLUTION NO. 455,1-1(0
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 PORTAGE TOWNSHIP
(CATALDO 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 Portage Township, St. Joseph County, Indiana, which is more
particularly described at Section I of this Resolution; and
WHEREAS, the territory proposed to be annexed encompasses approximately 12.8 acres
of land now containing a single family home, which property is at least 12.5% contiguous to the
current City limits, i.e., approximately 28.8% contiguous, generally located on the northwest side
of State Road 23 northeast of the St. Joseph Valley Parkway (22027 Liberty Highway /State Road
23). It is anticipated that the annexation area will be used for a gas station with convenience
store and other commercial uses; and
WHEREAS, this development 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, sidewalks, street
lighting, a sanitary sewer system, a water distribution system, and a storm water system and
drainage plan; and
WHEREAS, the South Bend Common Council 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 police and fire protection, street and road maintenance, street sweeping,
flushing, and snow removal, and sewage collection, 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 equivalent
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, and
population density; (5) that services of a capital improvement nature will be provided to the
annexed area within three (3) years after the effective date of the annexation within 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; and (6)
the plan for hiring the employees or other governmental entities whose jobs will be eliminated by
the proposed annexation.
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 Portage Township, St. Joseph
County, Indiana be annexed to the City of South Bend:
A part of the East Half of the Northeast Quarter of Section 21, Township 37
North, Range 2 East, described as follows: Beginning at a point on the East Line
of the East Half of the Northeast Quarter of Section 21, 421.68 feet North of the
Centerline of State Road 23; thence South 88 °24' West, 768.80 feet; thence
South, 795.81 feet to the Northwesterly right -of -way line of State Road 23; thence
Southeasterly, 175 feet, more or less to a point on the Southerly right -of -way of
State Road 23; thence Northeasterly along said Southerly right -of -way, 794 feet,
more or less, to a point on the East Line of Said East Half, thence North along
Said East Line, 470 feet, more or less, to the point of beginning.
Containing 12.8 acres more or less.
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 to said territory services 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 services furnished by the City to other areas of the City regardless of similar
topography, patterns of land utilization, and population density; and to furnish to said territory,
services of a capital improvement nature such as street and road construction, sidewalks, a street
light system, a sanitary sewer system, 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.
Section III. The South Bend Common Council, shall and does hereby now establish and
adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing
of said services to the territory to be annexed, which provides, among other things, that the
public sanitary sewer and water network is available with capacity sufficient to service this area
with costs for extensions and any improvements in sewer or water capacity to be paid for by the
developer in compliance with state and local law; that the developer will create a surface water
pollution prevention plan and obtain a storm water discharge permit prior to disturbing the land;
that the City can provide basic street lighting with expenses for additional or decorative lighting
to be paid by the developer with possible maintenance and operation of additional lighting by the
City from property tax revenue; and that no new roads or streets will be required.
Section IV. Site planning should employ Complete Streets principles; and sidewalks
should be provided along public streets and be in compliance with the Americans with
Disabilities Act (ADA).
Section V. It is required as a condition of annexation that any future alterations to the
property meet the City of South Bend's building and zoning requirements.
Section VI. This Resolution shall be effective from
Common Council.
�,10T APPROVED
date f adoption by the
I Common Council
Filed in Cleric's Office
APR 15 2016
KAREEMAH FOWLER
CITY CLERK, SOUTH BEND, IN