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9)too <br />REGULAR MEETING MARCH 28, 2005 <br />to the annexed area within one (1) year after the effective date of the annexation, and that <br />they will be provided in a manner equivalent in standard and scope to similar non -capital <br />services provided to areas within the corporate boundaries of the City of South Bend, <br />regardless of similar topography, patterns of land use, and population density; (5) that <br />services of a capital improvement nature will be provided to the annexed area within <br />three (3) years after the effective date of the annexation within the same manner as those <br />services are provided to areas within the corporate boundaries of the City of South Bend <br />regardless of similar topography, patterns of land use, or population density, and in a <br />manner consistent with federal, state and local laws, procedures, and planning criteria; <br />and (6) the plan for hiring the employees or other governmental entities whose jobs will <br />be eliminated by the proposed annexation. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC <br />WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: <br />Section I. It is in the best interest of the City of South Bend and the area proposed <br />to be annexed that the real property located in German Township, St. Joseph County, <br />Indiana, described at Table 2 on pages 15-16 of Exhibit "A" (The Fiscal Plan) attached <br />hereto and made a part hereof be annexed to the City of South Bend. <br />Section II. That it shall be and hereby is now declared and established that it is <br />the policy of the City of South Bend, by and through its Board of Public Works, to <br />furnish to said territory services of a non -capital nature, such as street and road <br />maintenance, street sweeping, flushing, and snow removal, within one (1) year of the <br />effective date of the annexation in a manner equivalent in standard and scope to services <br />furnished by the City to other areas of the City regardless of similar topography, patterns <br />of land utilization, and population density; and to furnish to said territory, services of a <br />capital improvement nature such as street and road construction, a street light system, a <br />sanitary sewer system, a water distribution system, a storm water system and drainage <br />plan, within three (3) years of the effective date of the annexation in the same manner as <br />those services are provided to areas within the corporate boundaries of the City of South <br />Bend regardless of similar topography, patterns of land use, or population density. <br />Section III. That the Board of Public Works shall and does hereby now establish <br />and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the <br />furnishing of said services to the territory to be annexed, which provides, among other <br />things, that an existing water main line should be sufficient to service this area; that <br />adequate sewer service is presently available with upgrade of the lift station and some <br />sections of the sewer main; that street lighting will be provided; that new public streets <br />will be required to access the lots proposed for development with costs to be paid by the <br />developer; and that the developer will pay the costs of an approved drainage plan which <br />will be required in the annexation area. <br />Adopted this 28th day of March 2005. <br />BOARD OF PUBLIC WORKS <br />s/Gary A. Gilot, President <br />s/Carl P. Littrell, Member <br />ATTEST: <br />s/Angela K. Jacob, Clerk <br />APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO <br />REMONSTRATE <br />Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of <br />Right to remonstrate as submitted by Michael and Patricia Hensley, 55306 Lexington <br />Avenue, South Bend, Indiana. The Consent indicates that in consideration for permission <br />to tap into public sanitary water system of the City, to provide sanitary water service to <br />55306 Lexington Avenue, South Bend, Indiana, (Key #17-1027-0594 ), the `s waive and <br />release any and all right to remonstrate against or oppose any pending or future <br />annexation of the property by the City of South Bend. Therefore, Mr. Gilot made a <br />motion that the Consent be approved. Mr. Littrell seconded the motion, which carried. <br />