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<br /> REGULAR MEETING 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 23�d day of May 2005.
<br /> BOARD OF PUBLIC WORKS
<br /> OF THE CITY OF SOUTH BEND, INDIANA
<br /> s/Gary Gilot,President
<br /> �
<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 ACOUISITION 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. ("Kiriy Kat, Inc."), an entity doing business at
<br /> the Kiriy 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
<br />
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