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REGULAR MEETING
<br />JANUARY 9, 2006
<br />RESOLUTION NO. 3548-06 A RESOLUTION OF THE COMMON
<br />COUNCIL OF THE CITY OF SOUTH
<br />BEND, INDIANA, ADOPTING A
<br />WRITTEN FISCAL PLAN AND
<br />ESTABLISHING A POLICY FOR THE
<br />PROVISION OF SERVICES TO AN
<br />ANNEXATION AREA IN GERMAN
<br />TOWNSHIP (JOHN D. AND JAY L.
<br />GILLIS ANNEXATION AREA)
<br />WHEREAS, there has been submitted to the Common Council of the City of South Bend,
<br />Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes
<br />the annexation of real estate located in German Township, St. Joseph County, Indiana,
<br />which is described more particularly in Section I of this Resolution, and;
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 12.72
<br />acres of vacant, undeveloped land, which property is at least 12.5% contiguous to the
<br />current City limits, i.e., approximately 14% contiguous, generally located at the southeast
<br />corner of Portage and Brick Roads. This annexation territory is intended for ultimate
<br />development as a medical office complex, and is proposed to be zoned "O" (Office) upon
<br />incorporation into the City limits and approval by the Common Council. As the site of a
<br />future medical office complex, this annexation territory will require a basic level of
<br />municipal public services of anon-capital improvement nature, including police and fire
<br />protection, street and road maintenance, street sweeping, flushing, snow removal, and
<br />sewage collection, as well as services of a capital improvement nature, including street
<br />and road construction, street lighting, a sanitary sewer system, a water distribution
<br />system, a storm water system and drainage plan; and
<br />WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to
<br />establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost
<br />estimates of services of anon-capital nature, including street and road maintenance,
<br />sewage collection, street sweeping, flushing and snow removal, police and fire
<br />protection, and other non-capital services normally provided within the corporate
<br />boundaries, and services of a capital improvement nature, including street and road
<br />construction, street lighting, a sanitary sewer extension, a water distribution system, and
<br />a storm water system to be furnished to the territory to be annexed; (2) the method(s) of
<br />financing those services; (3) the plan for the organization and extension of those services;
<br />(4) that services of anon-capital nature will be provided to the annexed area within one
<br />(1) year after the effective date of the annexation, and that they will be provided in a
<br />manner in standard and scope to similar non-capital services provided to areas within the
<br />corporate boundaries of the City of South Bend, regardless of similar topography,
<br />patterns of land use, or population density; (5) that the services of a capital improvement
<br />nature will be provided to the annexed area within three (3) years after the effective date
<br />of the annexation in the same manner as the services are provided to areas within the
<br />corporate boundaries of the City of South Bend, regardless of similar topography,
<br />patterns of land use, or population density, and in a manner consistent with federal, state
<br />and local laws; and (6) the plan for hiring the employees of other governmental entities
<br />whose jobs will be eliminated by the proposed annexation; and
<br />WHEREAS, the Board of Public Works of the City of South Bend, and the Board of
<br />Public Safety of the City of South Bend, have each approved a written fiscal plan and
<br />established a policy for the provision of services to the territory proposed to be annexed,
<br />which plan and policy the Common Council finds to be appropriate and in the best
<br />interest of the City, and, which it desires to adopt.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
<br />CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
<br />Section L It is in the best interest of the City of South Bend and the area proposed
<br />to be annexed that the following described real property located in German Township, St.
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