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<br />REGULAR MEETING MARCH 26, 2001
<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 on page 11 of Exhibit "A" attached hereto and incorporated herein; and
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 4.44 acres
<br />of vacant land, which property is at least 12.1% contiguous to the current City limits, i.e.
<br />approximately 12.5% contiguous, generally located on the north side of Juday Creek, about 200
<br />feet of the end of MacErlain Avenue in Clay Township, Indiana. This annexation area will require
<br />a basic level of municipal public services, of a non -capital improvement nature, including street and
<br />road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of
<br />a capital improvement nature, including street and road construction, a street lighting system, a storm
<br />water 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, including
<br />street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and
<br />other non -capital services normally provided within the corporate boundaries; and services of a capital
<br />improvement nature including street and road construction, street lighting, a sanitary sewer extension,
<br />a water distribution system, and a storm water system to be furnished to the territory to be annexed
<br />(2) the method(s) of financing those services; (3) the plan for the organization and extension of those
<br />services; (4) that services of a non -capital nature will be provided to the annexed area within one (1)
<br />year after the effective date of the annexation, and that they will be provided in a manner equivalent
<br />in standard and scope to similar non -capital services provided to areas within the corporate
<br />boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and
<br />population density; (5) that services of a capital improvement nature will be provided to the annexed
<br />area within four (4) years after the effective date of the annexation within the same manner as those
<br />services are provided to areas within the corporate boundaries of the City of South Bend regardless
<br />of similar topography, patterns of land use, or population density, and in a manner consistent with
<br />federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the
<br />employees or other governmental entities whose jobs will be eliminated by the proposed annexation.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
<br />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 proposed to
<br />be annexed that the real property located in Clay Township, St. Joseph County, Indiana, described
<br />more particularly on page 11 of Exhibit "A" attached hereto and made a part hereof, be annexed to
<br />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 services
<br />of a non -capital nature, such as street and road maintenance, street sweeping, flushing, snow removal,
<br />within one (1) year of the effective date of the annexation in a manner equivalent in standard and
<br />scope to services furnished by the City to other areas of the City regardless of similar topography,
<br />patterns of land utilization, and population density; and to furnish to said territory, services of a
<br />capital improvement nature such as a sanitary sewer system, a water distribution system, street and
<br />road construction, and a street lighting system within four (4) years of the effective date of the
<br />annexation in the same manner as those services are provided to areas within the corporate
<br />boundaries of the City of South Bend regardless of similar topography, patterns of land use, or
<br />population density.
<br />Section III. That the Board of Public Works shall and does hereby now establish and adopt
<br />the fiscal plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said
<br />services to the territory to be annexed, which provides, among other things, that existing water mains
<br />are sufficient to service this area, that the developer will plan for storm water control and install a
<br />proper storm system, as well as an extension of the sewer main line to service this area, that the
<br />developer will construct new public streets to access proposed lots for development, that the
<br />developer will further provide street lighting within the subdivision, with the City to pay for the street
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