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REGULAR MEETING OCTOBER 9, 2006
<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 German Township, St. Joseph County, Indiana, which
<br />is more particularly described at Section I of this Resolution; and
<br /> WHEREAS, the territory proposed to be annexed encompasses approximately
<br />.37 acres of agricultural land, which property is at least 12.5% contiguous to the current
<br />City limits, i.e., approximately 63% contiguous, generally located along the north side of
<br />Brick Road near the intersection with Orange Road. It is anticipated that the annexation
<br />area will be developed for public right-of-way as part of a widening project for Brick
<br />Road. The new road will require a basic level of municipal public services of a non-
<br />capital improvement nature, including police and fire protection, street and road
<br />maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as
<br />services of a capital improvement nature, including street and road construction, street
<br />lighting, a sanitary sewer system, a water distribution system, and a storm water system
<br />and drainage plan; and
<br /> WHEREAS, the South Bend Common Council now desires to establish and adopt
<br />a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a
<br />non-capital nature, including police and fire protection, street and road maintenance,
<br />street sweeping, flushing, and snow removal, and sewage collection, and other non-
<br />capital services normally provided within the corporate boundaries; and services of a
<br />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
<br />furnished to the territory to be annexed (2) the method(s) of financing those services; (3)
<br />the plan for the organization and extension of those services; (4) that services of a non-
<br />capital nature will be provided to the annexed area within one (1) year after the effective
<br />date of the annexation, and that they will be provided in a manner equivalent in standard
<br />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
<br />use, and population density; (5) that services of a capital improvement nature will be
<br />provided to the annexed area within three (3) years after the effective date of the
<br />annexation within the same manner as those services are provided to areas within the
<br />corporate boundaries of the City of South Bend regardless of similar topography, patterns
<br />of land use, or population density, and in a manner consistent with federal, state and local
<br />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; and
<br /> WHEREAS, the City of South Bend Board of Public Works and Board of Public
<br />Safety have each approved a written fiscal plan and established a policy which the
<br />Common Council finds to be appropriate and in the best interests of the City and, which
<br />it desires to adopt.
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC
<br />WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
<br /> Section I. It is in the best interest of the City of South Bend and the area proposed
<br />to be annexed that the following described real property located in German Township, St.
<br />Joseph County, Indiana, be annexed to the City of South Bend:
<br />Parcel 2 Fee
<br />A part of the South Half of Section 18, Township 38 North, Range 2 East, German
<br />Township, St. Joseph County, Indiana, and being that part of the grantor's land lying
<br />within the right-of-way lines depicted on the attached Right-of-Way Parcel Plat marked
<br />Exhibit "B", described as follows: Beginning on the south line of said section South 89
<br />degrees 39 minutes 08 seconds East 572.30 feet from the southwest corner of said
<br />section, designated as point "12" on said Exhibit "B"; thence North 0 degrees 20 minutes
<br />52 seconds East 20.00 feet to the north boundary of Brick Road and the point designated
<br />"3015" on said Exhibit "B"; thence North 86 degrees 38 minutes 27 seconds East 510.17
<br />feet to an east line of the grantor's land; thence South 0 degrees 05 minutes 53 seconds
<br />West 52.97 feet along said east line to the south line of said section; thence North 89
<br />2
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