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REGULAR MEETING APRIL 12, 2004
<br /> WHEREAS, there has been submitted to the Common Council of the'City of South Bend,
<br /> Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the
<br /> annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is
<br /> described more particularly in Section I of this Resolution, and;
<br /> WHEREAS, the territory proposed to be annexed encompasses approximately 116.2
<br /> acres of unimproved, vacant land, which property is at least 12.5%contiguous to the current City
<br /> limits, i.e., approximately 16% contiguous, generally located on the south side of Kern Road,
<br /> approximately 2,600 feet west of U.S. 31, Centre Township,Indiana. This annexation territory is
<br /> intended for development as a single family home subdivision and will require a basic level of
<br /> municipal public services, of a non-capital improvement nature, including police and fire
<br /> protection, street and road maintenance, street sweeping, flushing, snow removal, and sewage
<br /> collection, as well as services of a capital improvement nature, including street and road
<br /> construction, street lighting, a sanitary sewer system, a water distribution system and a storm
<br /> water system; and
<br /> WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to
<br /> establish and adopt a fiscal plan and establish a definite policy showing: 91) the cost estimates of
<br /> services of a non-capital nature, including street and road maintenance, sewage collection, street
<br /> sweeping, flushing, and snow removal,police and fire protection, and other non-capital services
<br /> normally provided within the corporate boundaries, and services of a capital improvement nature,
<br /> including street and road construction, street lighting, a sanitary sewer extension, a water
<br /> distributions system, and a storm water system to be furnished to the territory to be annexed; (2)
<br /> the method(s) of financing those services; (3) the plan for the organization and extension of those
<br /> services; (4) that services of a non-capital nature will be provided to the annexed area within one
<br /> (1) year after the effective date of the annexation, and that they will be provided in a manner in
<br /> standard and scope to similar non-capital services provided to areas within the corporate
<br /> boundaries of the City of South Bend,regardless of similar topography,patterns of land use, or
<br /> population density; (5) that the services of a capital improvement nature will be provided to the
<br /> annexed area within three (3) years after the effective date of the annexation in the same manner
<br /> as the services are provided to areas within the corporate boundaries of the City of South Bend,
<br /> regardless of similar topography,patterns of land use, or population density, and in a manner
<br /> consistent with federal, state and local lawsl and(6) the plan for hiring the employees of other
<br /> governmental entities whose jobs will be eliminated by the proposed annexation; and
<br /> WHEREAS, the Board of Public Works of the City of South Bend, and the Board of
<br /> Public Safety of the City of South Bend, have each approved a written fiscal plan and established
<br /> a policy for the provision of services to the territory proposed to be annexed, which plan and
<br /> policy the Common Council finds to be appropriate and in the best interest of the City, and which
<br /> it desires to adopt.
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
<br /> 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 located in Centre Township, St. Joseph County, Indiana, described
<br /> more particularly as follows,be annexed to the City of South Bend:
<br /> A part of the Northwest Quarter of Section 2, Township 36 North, Range 2 East, Centre
<br /> Township, St. Joseph County, Indiana, being more particularly described as follows:
<br /> Commencing at the northwest corner of said Northwest Quarter, said corner lying South
<br /> 00 degrees 16 minutes 41 seconds West, a distance of 3.99 feet from a railroad spike, 0.1 feet
<br /> below the surface of the pavement; thence South 89 degrees 04 minutes 47 seconds East along
<br /> the north line of said Northwest Quarter, a distance of 1315.56 feet to the northeast corner of the
<br /> Northwest Quarter of said Northwest Quarter and the Point of Beginning; thence North 00
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