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X39 <br />abatement and hereby makes such a designation, <br />SECTION IV. The Common Council determines that such designation is for personal <br />property tax abatement only and shall be limited to two (2) calendar years from the <br />date of the adoption of this Resolution by the Common Council. <br />SECTION V. The Common council hereby determines that the property owner is <br />qualified for and is granted property tax deduction for a period of five (5) years. <br />SECTION VI. The Common Council directs the City Clerk to cause notice of the <br />adoption of this Declaratory Resolution to be published pursuant to Indiana Code <br />5 -3 -1, said publication providing notice of the public hearing before the Common <br />Council on said declaration. <br />SECTION IX. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council and approval by the Mayor. <br />/s/ Steve Luecke <br />Member of the Common Council <br />A public hearing was held on the resolutions at this time. Council Member Kelly <br />reported the Human Resources Committee had met on these resolutions and recommended <br />them to the Council favorable. He made a motion to accept the substitute Bill No. <br />92 -26, seconded by Council Member Washington. The motion carried. Council Member <br />Slavinskas made a motion to accept the substitute Bill No. 92 -27, seconded by <br />Council Member Coleman. The motion carried. Charlene Claywell, controller, made <br />the presentation for the resolutions. She indicated Toro had considered closing the <br />South Bend plant, due to declining production, however, they decided to stay in <br />South Bend based in part on the support and commitment made by the City and State. <br />She indicated they closed a southern plant and their production will be transferred <br />to South Bend. Mike Seitz, Chamber of Commerce, spoke in favor of these <br />resolutions. Mayor Kernan spoke in favor of the resolutions. Council Member Kelly <br />made a motion to adopt Resolution No. 92 -26, as amended, seconded by Council Member <br />Coleman. The resolution was adopted by a roll call vote of nine ayes. Council <br />Member Kelly made a motion to adopt Resolution No. 92 -27, as amended, seconded by <br />Council Member Coleman. The resolution was adopted by a roll call vote of nine <br />ayes. <br />RESOLUTION 1940 -92 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND <br />ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE <br />PROVISION OF SERVICES TO AN ANNEXED AREA IN CLAY TOWNSHIP <br />WHEREAS, there has been submitted to the Common Council of the City of South <br />Bend, Indiana, an ordinance which proposes the annexation of the hereinafter <br />described real estate located in Clay Township, St. Joseph County, Indiana; and <br />WHEREAS, the territory proposed to be annexed is located in Clay Township, St. <br />Joseph County, to the southeast of the intersection of Douglas Road and Hickory <br />Road, extended, and is needed and can be used by the City for its development in the <br />reasonably near future, the development of which land will require a level of <br />municipal public services basic to the establishment and maintenance of such nature, <br />including street and road maintenance, and services of a capital improvement nature, <br />including street construction, street lighting, sewer facilities, and storm water <br />facilities; 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 <br />cost estimates of services of a non - capital nature, including street and road <br />maintenance, police and fire protection and other non - capital services normally <br />provided within the corporate boundaries, and services of a capital improvement <br />nature, including street construction, street lighting, water facilities, sewer <br />facilities, and storm water drainage facilities to be furnished to the territory to <br />be annexed; (2) the method(s) of financing those services; (3) the plan for the <br />organization and extension of those services; (4) that services of a non - capital <br />nature will be provided to the annexed area within one (1) year after the effective <br />date of the annexation, and that they will be provided in a manner equivalent in <br />standard and scope to similar non - capital services provided to areas within the <br />corporate boundaries of the City of South Bend, that have characteristic of <br />topography, patterns of land use, and population density similar to that of the <br />territory to be annexed; (5) that services of a capital improvement nature will be <br />provided to the annexed area within three (3) years after the effective date of the <br />annexation in the same manner as those services are provided to areas within the <br />corporate boundaries of the City of South Bend that have characteristics of <br />topography, patterns of land use and population density similar to that of the <br />territory to be annexed and in a manner consistent with federal, state and local <br />laws, procedures, and planning criteria; and (6) the plan for hiring the employees <br />of other governmental entities who jobs will be eliminated by the proposed <br />annexation; and <br />WHEREAS, the Board of Public Works of the City of South Bend, the Board of <br />Public Safety of the City of South Bend, and the Board of Water Works Commissioners <br />of the City of South Bend have approved a written fiscal plan and established a <br />policy for the provision of services of the territory to be annexed which plan and <br />policy, as it relates to the territory to be annexed, the Common Council finds to be <br />