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REGULAR MEETING APRIL 25, 2005 0 1 38
<br />WHEREAS, the territory proposed to be annexed encompasses approximately
<br />2.11 acres of land on which is situated one single family residence, which property is at
<br />least 12.5% contiguous to the current City limits, i.e., approximately 57% contiguous,
<br />generally located on the east side of Portage Road, approximately 500 feet north of
<br />Appaloosa Lane, German Township, Indiana. It is anticipated that upon annexation and
<br />Common Council approval, the zoning will be changed from "R" Residential to "CB"
<br />Community Business District, and that eventually the annexation area will be the site of a
<br />commercial retail center. For its expected future use, this annexation area will require a
<br />basic level of municipal public services of a non -capital improvement nature, including
<br />street and road maintenance, street sweeping, flushing, snow removal, and sewage
<br />collection, as well as services of a capital improvement nature, including street and road
<br />construction, street lighting, a sanitary sewer system, a water distribution system, a storm
<br />water system and drainage plan; and
<br />WHEREAS, the Board of Public Works now desires to establish and adopt a
<br />fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a
<br />non -capital nature, including street and road maintenance, street sweeping, flushing, and
<br />snow removal, and sewage collection, and other non -capital services normally provided
<br />within the corporate boundaries; and services of a capital improvement nature including
<br />street and road construction, street lighting, a sanitary sewer extension, a water
<br />distribution system, and a storm water system to be furnished to the territory to be
<br />annexed (2) the method(s) of financing those services; (3) the plan for the organization
<br />and extension of those services; (4) that services of a non -capital nature will be provided
<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 page 14of Exhibit "A" (The Fiscal Plan) attached hereto
<br />and made apart 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 existing water mains and sewer main lines will be sufficient to service this
<br />area with the developer paying for the extension of an existing sewer main line; that the
<br />developer will install necessary street lighting at its expense; that the developer will
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