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T14 0
<br />REGULAR MEETING APRIL 25, 2005
<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. That it is in the best interest of the City of South Bend and the area
<br />proposed to be annexed that the real property located in Centre Township, St. Joseph
<br />County, Indiana, described more particularly at Table 2 on page of Exhibit "A" (The
<br />Fiscal Plan) attached hereto and made a part hereof, be annexed to the City of South
<br />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, and a storm water system, within
<br />three (3) years of the effective date of the annexation in 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.
<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 the developer will extend the sewer network at its expense from the Lafayette
<br />Falls Phase Two Subdivision through the new annexation area; that the water main within
<br />the Lafayette Falls development will adequately serve the annexation area until full
<br />development of the annexation area when it will be necessary to install a water main
<br />along Kern Road to loop the service; that the developer will plan, provide, and pay for
<br />construction of new public streets and installation of street lighting subject to compliance
<br />with state and local law; and that a drainage plan will be addressed through the
<br />subdivision process.
<br />Adopted the 25th day of April 2005.
<br />BOARD OF PUBLIC WORKS
<br />s/Gary A. Gilot, President
<br />s/Carl P. Littrell, Member
<br />s/Donald E. Inks, Member
<br />ATTEST: _
<br />s/Angela K. Jacob, Clerk
<br />APPROVAL OF PERMIT TO ENCROACH
<br />Mr. James Lyphout, University of Notre Dame, submitted a revocable Permit for
<br />decorative, high architectural style entrance gates on Notre Dame Avenue and on Angela
<br />Boulevard at the new campus entrance under construction. Upon a motion made by Mr.
<br />Inks, seconded by Mr. Littrell and carried, the Revocable Permit was approved.
<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 Portage Realty Corporation, 129 Dixie Way North,
<br />South Bend, Indiana. The Consent indicates that in consideration for permission to tap
<br />into public sanitary sewer and water system of the City, to provide sanitary sewer and
<br />water service to West Pointe Estates, Section II, South Bend, Indiana, Portage Realty
<br />Corporation waives and releases any and all right to remonstrate against or oppose any
<br />
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