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
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