CED Annexation Policy Plan 1992 - Laserfiche WebLink

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ness of the township, in proportion to the assessed valuation of the annexed territory to that of the entire township, as assessed for general taxation prior to the annexation. South Bend shall pay such part of the proportion of the indebtedness of the township to the township trustee. If the indebtedness consists of outstanding unpaid bonds or notes, the City will make payment to the trustee at the time the principal or interest of the bonds or notes becomes due. G. FAILURE TO IMPLEMENT FISCAL PLAN Within one (1) year after the expiration of any of the following time periods, any person who pays taxes on property located within the annexed territory may file a complaint alleging injury resulting from the failure of the City to implement the plan. These time periods are: • The one (1) year period for implementation of planned services of a non -capital nature; or, • the three (3) year period for implementation of planned services of a capital improvement nature; or, • the three (3) year period for implementation of a fiscal plan for providing services to an annexed territory. The complaint must name the City as defendant and shall be filed with the Superior Court of St. Joseph County. The court shall hear the case within sixty (60) days without a jury. In order to be granted relief, the plaintiff must establish any of the following: • That the City has willfully failed to implement the fiscal plan within the statutory time limit; or • that the City has not provided police protection, fire protection, sanitary sewers and water for human consumption, unless one of these services is being provided by a separate taxing district or by a privately owned public utility; or • the annexed territory is not receiving governmental and proprietary services similar in scope and standard as other similar areas of the City. The court may impose one of the following decisions: • Grant an injunction prohibiting the collection of taxes levied by the annexing city on the plaintiff's property located in the annexed area; 17