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460 <br />REGULAR MEETING OCTOBER 18, 1993 <br />On October 11, 1993, the Common Council was asked to consider this <br />annexation for approval. At that time, Mrs. Brown, an affected <br />property owner, requested that the City add the balance of her <br />property into the annexation. Therefore, the Common Council <br />tabled the matter for two (2) weeks to give the staff time to <br />revise the fiscal plan and amend the legal description. Since <br />that time another property owner, Mrs. Shively, has requested that <br />an additional eight (8) acres of her property be brought into the <br />annexation. This addition, however, does exclude the Shively <br />farmhouse from the annexation area. <br />Mr. Magliozzi stated that the Resolution before the Board today <br />incorporates the Brown property and the Shively property with the <br />exclusion of the farmhouse. Mr. Magliozzi noted that with the <br />additional acres added to the annexation the total amount of <br />property to be annexed is 141.5. He noted that previously it was <br />stated that the amount of property to be annexed was 142 acres. <br />That number was incorrect. With the addition of ten (10) acres of <br />the Brown property and eight (8) acres of the Shively property the <br />total annexation area is now 141.5 acres total. <br />Mr. Magliozzi informed the Board that this annexation still meets <br />all state requirements regarding contiguity and the public works <br />required, as noted in the fiscal plan, have not changed. <br />Mr. Magliozzi noted that the Shively's have hired a surveyor in <br />order to get an accurate legal description of the property to be <br />annexed. Based on the results of that survey, the legal <br />description contained in the annexation could change slightly. <br />Therefore, Mr. Magliozzi recommended approval of the fiscal plan <br />and adoption of the Resolution subject to minor changes that may <br />need to be made in the legal description. <br />Board Attorney Mrs. Manier inquired of Mr. Magliozzi if any public <br />works will be affected should there be a slight change in the <br />legal description. Mr. Maglizzoi noted that there would be no <br />change in the provision of services as outlined in the fiscal <br />plan. <br />Therefore, Mrs. Manier made a motion that the appropriate <br />Resolution which has been submitted be adopted. Mr. Caldwell <br />seconded the motion which carried and the following Resolution No. <br />40-1993 was adopted: <br />RESOLUTION NO. 40-1993 <br />A RESOLUTION OF THE BOARD OF PUBLIC WORKS <br />OF THE CITY OF SOUTH BEND ADOPTING A <br />WRITTEN FISCAL PLAN AND ESTABLISHING A <br />POLICY FOR THE PROVISION OF SERVICES TO <br />AN ANNEXED AREA IN GERMAN TOWNSHIP <br />(SHIVELY/DEMAEGT ANNEXATION) <br />WHEREAS, there has been submitted to the Common Council of <br />the City of South Bend, Indiana, a substitute ordinance which <br />proposes the annexation of the hereinafter described real estate <br />located in German Township, St. Joseph County, Indiana; and <br />WHEREAS, the territory proposed to be annexed is vacant land <br />located in German Township, contiguous therewith and generally <br />located east of Mayflower Road, between Brick and Cleveland Roads. <br />The development of the territory proposed to be annexed will <br />require a basic level of municipal public services, which services <br />1 <br />J <br />1 <br />