CED Annexation Policy Plan 1992 - Laserfiche WebLink

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B. ANNEXATION BY PETITION When residents in an area abutting South Bend desire annexation to the City, fifty-one percent (51%) of the property owners, or the owners of seventy-five percent (75%) of the total assessed value of the land within the area, may petition the City Council requesting a special ordinance for the purpose of annexing their territory. If the Council fails to pass such special ordinance within sixty (60) days from the date of the filing of the petition, the petitioners may file a duplicate copy in the Superior Court of St. Joseph County with reasons why annexation should, in justice, take place. The City becomes_ the defendant and must appear and answer in court. The court shall order the proposed annexation to take place, notwithstanding the provisions of any other law of the State of Indiana, if the evidence establishes all of the following factors: a. Essential municipal services and facilities are not available to inhabitants of such territory; b. the City is physically and financially able to provide municipal services to the area sought to be annexed; c. the total resident population of the areas sought to be annexed is equal to at least three (3) persons for each acre of land included with its boundaries; and, d. at least one -eighth (1 /8) of the aggregate external boundaries of the territory sought to be annexed is contiguous with the boundaries of South Bend. C. SPECIAL USE ANNEXATION The City Council may, by ordinance, annex territory that is not contiguous to the City and is occupied by a City -owned or operated airport (or landing field), sanitary landfill, golf course or hospital. D. ANNEXATION BY COUNCIL The City Council shall have the power, by ordinance, to declare and define the entire corporate boundaries of the City; or by separate ordinance, not purporting to define the entire boundaries of the City, annex contiguous territory by describing the territory. 14