CED Annexation Policy Plan 1992 - Laserfiche WebLink

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The terms and conditions applicable to any such annexation may relate to any matter reasonable and fairly calculated to render such annexation just and reasonable both to the City and to the annexed territory, including, but not restricted to, such matters as: a. Postponing the effective date of such annexation; b. impounding in a special fund, in whole or in part, the municipal property taxes to be imposed upon the annexed territory after annexation shall take effect, in such amount and for such period of time not to exceed three (3) years, as the City Council may determine, and using the impounded taxes solely for the benefit of the annexed territory, its property owners and inhabitants, in the extension of municipal services and benefits and the making of municipal or public improvements in annexed territory; and, C. establishing equitable provisions for the future management and improvement of the annexed territory and for the rendering of needed services. E. REMONSTRANCE An annexation ordinance may be appealed by either a majority of the owners of land within the area to be annexed, or by the owners of more than seventy-five percent (75%) of the assessed valuation of the real estate within the area to be annexed. In order to appeal the ordinance, a copy of the ordinance and a written remonstrance stating why annexation should not take place must be filed in the Superior Court of St. Joseph County within sixty (60) days from final publication of the ordinance. Upon receipt of the remonstrance by the Court, the judge shall determine whether it is a valid remonstrance and set a time for a hearing thereafter. The City would become the defendant and be required to appear. The judge of the Superior Court shall order the proposed annexation to take place if the evidence establishes all of the criteria for one of the options discussed below and the preparation of a written fiscal and policy plan. If the decision is against annexation, no further annexation proceedings on the part of the City may be undertaken for two years after judgment has been rendered for the area sought to be annexed. 1. Annexation Option 1 The aggregate external boundaries of the territory sought to be annexed are 1/8 contiguous to the boundaries of South Bend, and that either of the following exist: • The resident population density of the territory is at least three (3) persons per acre; or 15