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REGULAR MEETING MAY 29, 2007 <br />,~ v <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 Centre 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 0.75 acres <br />of vacant land, which is at least 12.5% contiguous to the current City limits, i.e., approximately <br />22.24% contiguous, generally located at the Northeast corner of Pulling Street and US 31 South. <br />It is anticipated that the annexation area will be developed for uses applicable under the ,, <br />Commercial Business zoning classification as defined by the City of South Bend's Zoning <br />Ordinance and a parking lot. <br />This development will require a basic level of municipal public services of anon-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 anon-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 anon-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 I. 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 II. 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 anon-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 />of said services to the territory to be annexed, which provides, among other things, that a City <br />water connection will be required payable by the developer; that a sewer extension will be <br />