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REGULAR MEETING
<br />JULY 24, 2018 229
<br />(SOUTH BEND CHOCOLATE 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 German Township, St. Joseph County, Indiana, which is
<br />more particularly described at Page 15 of Exhibit "A" attached hereto; and
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 13.2 acres
<br />of land containing commercial and residential buildings, which property is at least 12.5%
<br />contiguous to the current City limits, i.e., 51.8% contiguous, generally located on the south side
<br />of US 20 (Lincolnway West) near Olive Road (24762, 24810, and 24820 US 20). It is
<br />anticipated that the annexation area will be used for commercial, industrial, and agricultural uses;
<br />and
<br />WHEREAS, the development will require a basic level of municipal public services of a
<br />non -capital improvement nature, including street and road maintenance, street sweeping,
<br />flushing, snow removal, and sewage collection, as well as services of a capital improvement
<br />nature, including street and road construction, street lighting, a sanitary sewer system, a water
<br />distribution system, 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 of 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 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 />of said services to the territory to be annexed, which provides, among other things, that the
<br />public sanitary sewer and water network is available with capacity sufficient to service this area
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