11-08-10 Council Agenda & Packet

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a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and, which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Clay Township, St. Joseph County, Indiana be annexed to the City of South Bend: A parcel of land being a part of the West half of Southwest Quarter of Section 32, Township 38 North, Range 3 East, Clay Township, St. Joseph County, Indiana and being more particularly described as follows: Beginning at the Southeast corner of Lot 238 Maple Lane Subdivision; thence West along the South line of said Lot 238 and its projection West to the West right-of-way line of Maple Lane Avenue; thence North along said West right-of-way line of Maple lane Avenue and its projection North to the Northwesterly right- of-way line of State Road 23; thence Northeasterly along said Northwesterly right -of -way line of State Road 23 to its intersection with the Northerly projection of the East line of said Lot 238; thence South along the East line of said Lot 238 and its projection North to the place of beginning. Section 11. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, to furnish to said territory services of a non - capital nature, such as police and fire protection, street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, sidewalks, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The South Bend Common Council, shall and does now hereby establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with sufficient capacity to service this area, with fees for prior main line extensions due upon application for a tap permit, and any improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law.