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REGULAR MEETING SEPTEMBER 13 2010 282 <br /> ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN <br /> ANNEXATION AREA IN CLAY TOWNSHIP <br /> (STADIUM PLACE PHASE TWO 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 all (100%) property owners which proposes the <br /> annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more <br /> particularly described at Page 15 of Exhibit "A" attached hereto; and <br /> WHEREAS, the territory proposed to be annexed encompasses approximately 2.2 acres <br /> of land containing single family structures, which property is at least 12.5% contiguous to the <br /> current City limits, i.e., approximately 43.9% contiguous, generally located near the northwest <br /> comer of Vaness and Willis Avenue (54703, 54719, 54739 Willis Avenue). It is anticipated that <br /> the annexation area will be developed for two three-story, multi-family buildings with a total of <br /> 60 units. <br /> The development will require a basic level of municipal public services of a non-capital <br /> improvement nature, including street and road maintenance, street sweeping, flushing, snow <br /> removal, and sewage collection, as well as services of a capital improvement nature, including <br /> street and road construction, street lighting, a sanitary sewer system, a water distribution system, <br /> and a storm water system and drainage plan; and <br /> WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan <br /> and 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 <br /> to 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 <br /> that they will be provided in a manner equivalent in standard and scope to similar non-capital <br /> services provided to areas within the corporate boundaries of the City of South Bend, regardless <br /> of similar topography, patterns of land use, and population density; (5) that services of a capital <br /> improvement nature will be provided to the annexed area within three (3) years after the <br /> effective date of the annexation within the same manner as those services are provided to areas <br /> within the corporate boundaries of the City of South Bend regardless of similar topography, <br /> patterns of land use, or population density, and in a manner consistent with federal, state and <br /> local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other <br /> 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 L It is in the best interest of the City of South Bend and the area proposed to be <br /> annexed that the real property described more particularly at Page 15 of Exhibit "A" attached <br /> hereto be annexed to the City of South Bend. <br /> Section IL That it shall be and hereby is now declared and established that it is the policy <br /> of 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, <br /> and snow removal, within one (1) year of the effective date of the annexation in a manner <br /> equivalent in standard and scope to services furnished by the City to other areas of the City <br /> regardless of similar topography, patterns of land utilization, and population density; and to <br /> furnish to said territory, services of a capital improvement nature such as street and road <br /> construction, a street light system, a sanitary sewer system, a water distribution system, a storm <br /> water system and drainage plan, within three (3) years of the effective date of the annexation in <br /> the same manner as those services are provided to areas within the corporate boundaries of the <br /> City of South Bend regardless of similar topography, patterns of land use, or population density. <br /> Section III. That the Board of Public Works shall and does hereby now establish and <br /> adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing <br />