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02 Q
<br />REGULAR MEETING OCTOBER 14, 2002
<br />AN ANNEXATION AREA IN GERMAN TOWNSHIP
<br />(SALAH AND CYNTHIA HILL 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 2 on Page 13 of Exhibit "A" attached hereto and incorporated
<br />herein; and
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 3.42acres of
<br />vacant land located which is at least 12.5% contiguous to the current city limits, i.e., approximately
<br />13.3% contiguous, which property is located on the west side of Portage Avenue, approximately
<br />2700 feet north of Cleveland Road. This annexation area is part of a two-step annexation process,
<br />the ultimate purpose of which is to construct a combination of commercial, office and multi -family
<br />uses. However, the parcel which is the subject of this annexation is landlocked until the second
<br />phase annexation occurs which will annex the entire tract intended for development. The annexation
<br />territory will require a basic level of municipal public services of a non -capital improvement nature,
<br />including street and road maintenance, street sweeping, flushing, snow removal, and sewage
<br />collection; it will also require services of a capital improvement nature at the time that the remaining
<br />tract intended for annexation is actually annexed, which services include a sanitary sewer system,
<br />a water distribution and storm water system, street lighting, possible street and road construction,
<br />and an approved drainage 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 construction, street lighting, a sanitary
<br />sewer extension, a water distribution system, and storm water system to be furnished to the territory
<br />to 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 of 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 German Township, St. Joseph County, Indiana, described
<br />more particularly at Table 2 on page 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
<br />the City of South Bend, by and through its Board of Public Works, to furnish to said territory
<br />services of a non -capital nature, such as street and road maintenance, street sweeping, flushing, and
<br />snow removal, within one (1) year of the effective date of the annexation, in a manner equivalent
<br />in standard and scope to the services furnished by the City to other areas of the City regardless of
<br />similar topography, patterns of land utilization, and population; and to furnish to said territory
<br />services of a capital improvement nature, such as sanitary sewer system, a water distribution system,
<br />street and road construction, and street lighting, within four (4) years of the effective date of the
<br />entire tract intended for the proposed commercial, office and multi -family use development project,
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