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REGULAR MEETING OCTOBER 13, 2003
<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 German 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 1.62 acres
<br />of land containing two single family homes, which property is at least 12.5% contiguous to the
<br />current City limits, i.e., approximately 100% contiguous, generally located on the east side of Olive
<br />Road at the intersection of Enterprise Drive. It is anticipated that in the future the annexation area
<br />may be developed as either commercial or industrial, based on surrounding land uses, which will
<br />require a basic level of municipal public services, of a non - capital improvement nature, including
<br />police and fire protection, street and road maintenance, street sweeping, flushing, snow removal, and
<br />sewage 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, a storm water
<br />system and drainage plan; 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: (1) 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 />distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the
<br />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 (1)
<br />year after the effective date of the annexation, and that they will be provided in a manner in standard
<br />and scope to similar non - capital services 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 />(5) that the services of a capital improvement nature will be provided to the annexed area within
<br />three (3) years after the effective date of the annexation in the same manner as the services are
<br />provided to areas within the corporate boundaries of the City of South Bend, regardless of similar
<br />topography, patterns of land use, or population density, and in a manner consistent with federal, state
<br />and local laws; and (6) the plan for hiring the employees of other governmental entities whose jobs
<br />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 Public
<br />Safety of the City of South Bend, have each approved a written fiscal plan and established a policy
<br />for the provision of services to the territory proposed to be annexed, which plan and policy the
<br />Common Council finds to be appropriate and in the best interest of the City, and, which it desires
<br />to adopt.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
<br />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 German Township, St. Joseph County, Indiana, described
<br />more particularly as follows, be annexed to the City of South Bend:
<br />A parcel of land in the Northeast Quarter of the Southwest Quarter of Section 19,
<br />Township 38 North, Range 2 East, St. Joseph County, Indiana described as follows:
<br />Beginning at the-southwest corner of Lot "D" of the Olive Road Commerce Park -
<br />Second Replat subdivision; thence north 320 feet to the place of beginning of the
<br />parcel herein described; thence north along the west line of said Lot "D" 220 feet;
<br />thence west 220 feet to the east line of the Olive Road right -of -way, and also being
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