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REGULAR MEETING AUGUST 13, 2001 <br />2001, from 7:00 a.m. until 7:00 p.m. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot <br />and carried, the recommendation was approved. <br />ADOPT RESOLUTION NO. 43-2001- ADOPTING A WRITTEN FISCAL PLAN AND <br />ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION <br />AREA IN CENTRE TOWNSHIP (ARBY' S ANNEXATION AREA) <br />Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was <br />adopted by the Board of Public Works: <br />RESOLUTION NO.44-2001 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS COMMISSIONERS <br />OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND <br />ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION <br />AREA IN CENTRE TOWNSHIP <br />( ARBY' S 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 Centre Township, St. Joseph County, Indiana, which is described <br />more particularly at Table I, page 11 in Exhibit "A" attached hereto and incorporated herein; and <br />WHEREAS, the territory proposed to be annexed encompasses approximately 2.15 acres <br />of improved land, which property is at least 12.1% contiguous to the current City limits, i.e., <br />approximately 28% contiguous, generally located at the southwest corner of the intersection of Kern <br />Road and U.S. 31 South in Centre Township, Indiana. The annexation territory is proposed for <br />development of an Arby's Restaurant, convenience store, gasoline station and car wash to be zoned <br />upon annexation to "C" Commercial "A" Height and Area (subject to requisite approval), and will <br />require a basic level of municipal public services of a non -capital improvement nature, including <br />street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and <br />services of a capital improvement nature, including street and road construction, a street lighting <br />system, a storm 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, <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 />boundaries of the City of South Bend regardless of similar topography, patterns of land use, or <br />population density, and in a manner consistent with federal, state and local laws, procedures, and <br />planning criteria; and (6) the plan for hiring the employees or other governmental entities whose j obs <br />will be eliminated by the proposed 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 <br />be annexed that the real property located in Centre Township, St. Joseph County, Indiana, described <br />more particularly at Table I, page 11 of Exhibit "A" attached hereto and made a part hereof, be <br />annexed to the City of South Bend. <br />