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REGULAR MEETING AUGUST 26. 2002
<br />of 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 storm water system, a sanitary sewer system, and a water distribution
<br />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: (1) the cost estimates of
<br />services of a non - capital nature, including street and road maintenance, police and fire protection,
<br />and other non - capital services normally provided within the corporate boundaries, and services of
<br />a capital improvement nature, including street and road construction, street lighting, a sanitary sewer
<br />extension, a water distribution system, and a storm water system to be furnished to the territory to
<br />be annexed; (2) the method (s) of financing those services; (3) the plan for the organization and
<br />extension of those services; (4) that services of a non - capital nature will be provided to the annexed
<br />area within one (1) year after the effective date of the annexation, and that they will be provided in
<br />a manner in 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 four (4) years after the effective date of the annexation in the same manner as
<br />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 laws; 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 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; and
<br />WHEREAS, this Annexation Area was initially and preliminarily named the Westwood
<br />Annexation Area which is how it was identified in Resolutions by the Board of Works and Board
<br />of Safety, but has been renamed The Villas at Lake Blackthorn, so that all references to the
<br />Westwood Annexation Area shall be deemed to relate to The Villas at Lake Blackthorn Annexation
<br />Area. Moreover, when the Petition for Annexation was filed with this Council the annexation area
<br />was identified as "vacant land adjacent to the north and east side of 24545 Brick Road, along the
<br />west side of the 31 bypass ramp from/to the Cleveland/Brick Road exit." The foregoing description
<br />shall be deemed to be the equivalent of the Villas at Lake Blackthorn.
<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 part of the Northwest, Southwest, and Southeast Quarters of Section 18, Township
<br />38 North, Range 2 East, German Township, St. Joseph County, Indiana being more
<br />particularly described as follows:
<br />Commencing at the Northeast corner of the Southeast Quarter of Section 18,
<br />Township 38 North, Range 2 East, 5.8 feet south of a 2" iron monument with a cap
<br />labeled "SEC. CORNER "; thence South 89 degrees 49 minutes 49 seconds West, a
<br />distance of 2278.97 feet to the east line of the west 160 acres of the south half of said
<br />Section 18; thence along said east line, South 0 degrees 45 minutes 39 seconds West,
<br />a distance of 80.00 feet to the POINT OF BEGINNING; thence continuing along said
<br />east line South 0 degrees 45 minutes 39 seconds West to the northeast corner of land
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