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REGULAR MEETING AUGUST 12, 2002 <br />APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE <br />Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to <br />Remonstrate as submitted by Mr. and Mrs. Raymond Chilcote, 67450 U.S. 31 South, Lakeville, <br />Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary <br />sewer system of the City, to provide sanitary sewer service to 20486 Jewel Street, Lot 21 Jewel Park <br />Addition, South Bend, Indiana (Key #01-1017-0337.20), the Chilcotse's waive and release any and <br />all right to remonstrate against or oppose any pending or future annexation of the property by the <br />City of South Bend. Therefore, Mr. Gilot made a motion that the Consent be approved. Mr. Inks <br />seconded the motion which carried. <br />APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - <br />ERUV <br />Mr. Maryo Pasarel requested permission to create a physical barrier by installing additional posts and <br />a line adjacent to existing posts and fence to create an Eruv. Mr. Gilot advised that the Board is in <br />receipt of a favorable recommendation from Mr. Littrell, Division of Engineering. Upon a motion <br />made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was approved subject to <br />legal review of the particular appropriate instrument for memorializing this installation. <br />ADOPT RESOLUTION NO. 48-2002 - ADOPTING A WRITTEN FISCAL PLAN & <br />ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION IN <br />GERMAN TOWNSHIP WESTWOOD VILLAS <br />RESOLUTION NO. 48-2002 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF <br />SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING <br />A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA <br />IN GERMAN TOWNSHIP (WESTWOOD VILLAS ANNEXATION AREA) <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 German Township, St. Joseph County, Indiana, which is <br />described more particularly at Table 1 on page 13 of Exhibit "A" attached hereto and incorporated <br />herein; and <br />WHEREAS, the territory proposed to be annexed encompasses approximately 38.08 acres <br />of vacant land which is at least 12.5% contiguous to the current City limits, i.e., approximately <br />41.6% contiguous to the current City limits, which property is located north of Brick Road and east <br />of Orange Road in St. Joseph County, Indiana. This annexation area is intended to be used as a <br />residential subdivision development. Accordingly, the annexation territory will require a basic level <br />of municipal public services, of a non -capital improvement nature, including street and road <br />maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of <br />a capital improvement nature, including street and road construction, street lighting, a storm water <br />system, a sanitary sewer system, and 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, street lighting, a <br />sanitary sewer extension, a water distribution system, and a storm water system to be furnished to <br />the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the <br />organization and extension of those services; (4) that services of a non -capital nature will be <br />provided 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 services <br />provided to areas within the corporate boundaries of the City of South Bend, regardless of similar <br />topography, patterns of land use, and population density; (5) that services of a capital improvement <br />nature will be provided to the annexed area within four (4) years after the effective date of the <br />annexation within the same manner as those services are provided to areas within the corporate <br />