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REGULAR MEETING OCTOBER 27, 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 Portage 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 the entire Right -of -Way
<br />consisting of a total of 7,615 feet located in the 21000 and 21500 blocks of New Cleveland Road,
<br />which property is at least 12.5% contiguous to the current City limits, i.e., approximately 63%
<br />contiguous. It is anticipated that the annexation area will require a basic level of municipal public
<br />services of a non - capital improvement nature, including police and fire protection, street and road
<br />maintenance, street sweeping, flushing, snow removal, as well as services of a capital improvement
<br />nature, including availability of a sanitary sewer system, a water distribution system and street
<br />lighting; and
<br />WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to
<br />establish and adopt a fiscal plan showing: (1) the cost estimates of services of a non - capital nature,
<br />including street and road maintenance, street sweeping, flushing, snow removal, police and fire
<br />protection, and other non - capital services normally provided within the corporate boundaries, and
<br />services of a capital improvement nature, including street lighting, a sanitary sewer system, 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 Portage Township, St. Joseph County, Indiana, described
<br />more particularly as follows, be annexed to the City of South Bend:
<br />A parcel of land located in the North half of the Northwest Quarter of Section 26,
<br />Township 38 North, Range 2 East; the North half of the Northeast Quarter of Section
<br />27, Township 38 North, Range 2 East; the South half of the Southwest Quarter of
<br />Section 23, Township 38 North, Range 2 East; and the South half of the South half
<br />of Section 22, Township 38 North, Range 2 East, City of South Bend, Portage and
<br />German Townships, St. Joseph County and described as follows:
<br />Beginning at the intersection of the South right of way line of the Indiana East /West
<br />Toll Road (180/90) and the Portage /German Township line; thence East along said
<br />South right of way of the Toll Road and the existing City of South Bend Corporate
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