01/24/12 Board of Public Works Meeting

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REGULAR MEETING JANUARY 24, 2012 20 governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property described more particularly at Page 13 of Exhibit "A" attached hereto be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy , of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non - capital nature, such as 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, 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. That the Board of Public Works shall and does hereby now 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 capacity sufficient 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 in compliance with state and local law; that no additional street lighting will be necessary; and that no new roads or streets will be required, with the existing boundary streets of Terrace Lane and Dunn Road to be maintained by County and City under a mutually agreeable plan. Section IV. It is required as a condition of annexation that any future alterations to the , property meet City of South Bend's building and zoning requirements. It is a further condition of annexation that any sewer main line extension will be done at the developer's expense but that the developer may continue to rely temporarily on its septic system. Upon failure of the septic system after the effective date of annexation, the developer will be responsible for connection to the City's main line provided that the main line has been extended reasonably proximate to the developer's property line. If this has not occurred at the time of septic failure the developer may continue to use a septic system at its sole expense. Failure to comply with the foregoing conditions may result in the City's repeal of annexation. Adopted the 24th day of January, 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary Gilot, President s/Donald Inks, Member s/Kathryn Roos, Member ATTEST: , s /Linda Martin, Clerk ADOPT RESOLUTION NO. 06 -2012 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING THE DONATION OF REAL PROPERTY Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: