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REGULAR MEETING
<br />NOVEMBER 11, 2002
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 3.42 acres
<br />of vacant land which is at least 12.5% contiguous to the current City limits, i.e., approximately
<br />13.3% contiguous, which property is located on the west side of Portage Avenue, approximately
<br />2700 feet north of Cleveland Road. This annexation area is part of a two -step annexation process,
<br />the ultimate purpose of which is to construct a combination of commercial, office and multi - family
<br />uses. However, the parcel which is the subject of this annexation is landlocked until the second
<br />phase annexation occurs which will annex the entire tract intended for development. This
<br />annexation area as developed will require a basic level of municipal public services of a non - capital
<br />improvement nature, including police and fire protection, street and road maintenance, street
<br />sweeping, flushing, snow removal, and sewage collection; it will also require services of a capital
<br />improvement nature, including a sanitary sewer system, a water distribution system, a drainage
<br />system, street lighting, and possible street and road construction; 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 a sanitary sewer system, a water distribution system, a
<br />drainage system, street lighting, and possible street and road construction; (2) the method (s) of
<br />financing those services; (3) the plan for the organization and extension of those services; (4) that
<br />services of a non - capital nature will be provided to the annexed area within one (1) year after the
<br />effective date of the annexation, and that they will be provided in a manner in standard and scope
<br />to similar non - capital services provided to areas within the corporate boundaries of the City of South
<br />Bend, regardless of similar topography, patterns of land use, or population density; (5) that the
<br />services of a capital improvement nature will be provided to the annexed area within four (4) years
<br />after the effective date of the full and complete 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 />THAT PART OF THE NORTHWEST QUARTER OF SECTION 22,
<br />TOWNSHIP 38 NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH
<br />COUNTY, INDIANA WHICH IS DESCRIBED AS:
<br />BEGINNING AT THE SOUTHWEST CORNER THE NORTHWEST QUARTER
<br />OF SAID SECTION 22; THENCE N. 00'-00'-00" E. ALONG THE WEST LINE
<br />OF SAID QUARTER SECTION, 292.71 FEET MORE OR LESS TO THE SOUTH
<br />LINE OF THE PLAT OF "PORTAGE FARMS" AS RECORDED IN PLAT BOOK
<br /># 15 ON PAGE "P -5" IN THE RECORDS OF THE ST. JOSEPH COUNTY,
<br />INDIANA RECORDER'S OFFICE; THENCE N. 900 — 00' -00" E. (ASSUMED
<br />BEARING) ALONG SAID SOUTH LINE, 510.00 FEET MORE OR LESS;
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