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<br />REGULAR MEETING
<br />MAY 23, 2005
<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 following described real property located in Centre Township, St. Joseph
<br />County, Indiana, be annexed to the City of South Bend:
<br />Lot Numbered Thirty-nine (39) as shown on the recorded Plat of Whitcomb &
<br />Keller's Southmoor, an Addition to the City of South Bend, recorded in Plat
<br />Book 13, page 39 in the office of Recorder of St. Joseph County, Indiana. Lot
<br />Numbered Forty (40) as shown on the recorded Plat of Whitcomb & Keller=s
<br />Southmoor, an Addition to the City of South Bend, recorded in Plat Book 13,
<br />page 39 in the office of Recorder of St. Joseph County, Indiana.
<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 an
<br />existing water main line will be sufficient to service this area and that a lateral sewer line may
<br />need to be installed from the sanitary sewer service available on U.S. 31 South, to be paid for by
<br />the developer; that street lighting will be provided by revenue in the General Fund; that no new
<br />streets are presently required, but any future street construction will be planned, provided, and
<br />paid for by the developer; and that a street drainage plan will be also be planned, provided and
<br />paid for by the developer subject to compliance with state and local law.
<br />Adopted the 23d day of May 2005.
<br />BOARD OF PUBLIC WORKS
<br />OF THE CITY OF SOUTH BEND, INDIANA
<br />s/Gary Gilot, President
<br />s/Carl Littrell, Member
<br />APPROVAL OF AGENCY AGREEMENT/ADOPT RESOLUTION NO. 40-2005 —
<br />AUTHORIZING THE BOARD OF PUBLIC WORKS TO ACT AS AN AGENT FOR THE
<br />REDEVELOPMENT COMMISSION RELATING TO THE ACQUISITION OF THE KITTY
<br />KAT PROPERTIES
<br />Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Agency Agreement
<br />was approved and the Resolution was adopted by the Board of Public Works:
<br />RESOLUTION NO. 40-2005
<br />RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF
<br />PUBLIC WORKS APPROVING AND AUTHORIZING THE EXECUTION
<br />OF AN AGENCY AGREEMENT BY AND BETWEEN THE SOUTH BEND
<br />REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND,
<br />INDIANA, BOARD OF PUBLIC WORKS RELATING TO
<br />THE KITTY KAT LOUNGE PROPERTIES
<br />(Sample -Ewing Development Area)
<br />WHEREAS, Arthur T. Ford and Linette L. Ford, husband and wife, are the owners of
<br />certain real property and improvements located within the .Sample -Ewing Development Area
<br />more commonly known and numbered as 1303 South Michigan Street and Arthur T. Ford,
<br />individually, is the owner of certain real property and improvements more commonly known and
<br />numbered as 1315 South Michigan Street, 1321-1323 South Michigan Street, St. Joseph County,
<br />Indiana (the aforementioned real property and improvements are hereinafter referenced
<br />collectively as the "Kitty Kat Lounge Properties"); and
<br />WHEREAS, J.R.'s Kitty Kat Lounge, Inc. ("Kitty Kat, Inc."), an entity doing business at
<br />the Kitty Kat Properties, is a plaintiff in a lawsuit against the City of South Bend filed in St.
<br />Joseph Superior Court as Cause No. 71D07-0010-CP-01348 and captioned J.R.'s Kitty Kat
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