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REGULAR MEETING
<br />IN CLAY TOWNSHIP
<br />(MACRI/LAFREE III ANNEXATION AREA)
<br />MARCH 25, 2002
<br />WHEREAS, there has been submitted to the Common Council of the City of South Bend,
<br />Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the
<br />annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is described
<br />more particularly at Table I on pages 12 and 13 of Exhibit "A" attached hereto and incorporated
<br />herein; and
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 9.17 acres
<br />of vacant, unimproved land which is at least 12.1% contiguous to the current City limits, i.e.,
<br />approximately 28.4% contiguous, generally located on both sides of Douglas Road, approximately
<br />1,500 feet east of State Road 23 in Clay Township, Indiana. This annexation territory is intended
<br />to be used for a small office complex and commercial strip center with a remote possibility of
<br />residential units. Accordingly, the annexation territory will require a basic level of municipal public
<br />services, of a non -capital improvement nature, including street and road maintenance, street
<br />sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement
<br />nature, including street and road construction, a storm water system, a sanitary sewer system, and
<br />a water distribution system; and
<br />WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and
<br />establish a definite policy showing: (1) the cost estimates of services of a non -capital nature,
<br />including street and road maintenance, street sweeping, flushing, and snow removal, and sewage
<br />collection, and other non -capital services normally provided within the corporate boundaries; and
<br />services of a capital improvement nature including street and road construction, a sanitary sewer
<br />extension, a water distribution system, and a storm water system to be furnished to the territory to
<br />be annexed (2) the method(s) of financing those services; (3) the plan for the organization and
<br />extension of those services; (4) that services of a non -capital nature will be provided to the annexed
<br />area within one (1) year after the effective date of the annexation, and that they will be provided in
<br />a manner equivalent in standard and scope to similar non -capital services provided to areas within
<br />the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land
<br />use, and population density; (5) that services of a capital improvement nature will be provided to the
<br />annexed area within four (4) years after the effective date of the annexation within the same manner
<br />as those 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 manner
<br />consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for
<br />hiring the employees or other governmental entities whose jobs will be eliminated by the proposed
<br />annexation.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE
<br />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 proposed to be
<br />annexed that the real property located in Clay Township, St. Joseph County, Indiana, described more
<br />particularly at Table I on page 12 and 13 of Exhibit "A" (the fiscal plan) attached hereto and made
<br />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 the policy of the
<br />City of South Bend, by and through its Board of Public Works, to furnish to said territory services
<br />of a non -capital nature, such as street and road maintenance, street sweeping, flushing, snow
<br />removal, within one (1) year of the effective date of the annexation in a manner equivalent in
<br />standard and scope to services furnished by the City to other areas of the City regardless of similar
<br />topography, patterns of land utilization, and population density; and to furnish to said territory,
<br />services of a capital improvement nature such as a sanitary sewer system, a water distribution
<br />system, and street and road construction, within four (4) years of the effective date of the annexation
<br />in the same manner as those services are provided to areas within the corporate boundaries of the
<br />City of South Bend regardless of similar topography, patterns of land use, or population density.
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