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services of a capital improvement nature, such as street construction, street
<br />lighting, water facilities, sewer facilities, and storm water facilities, within
<br />three (3) of the effective date of the annexation, in the same manner as those
<br />services are provided to areas within the
<br />corporate boundaries of the City of South Bend that have characteristics of
<br />topography, patterns of land use and population density similar to that of the
<br />territory to be annexed and in a manner consistent with Federal, State and local
<br />laws, procedures, and planning criteria.
<br />Section III. That the Common Council of the City of South Bend shall and does
<br />hereby now establish and adopt the fiscal plan, attached hereto and made a part
<br />hereof, for the furnishing of said services to the territory to be annexed.
<br />Section IV. This resolution shall be in full force and effect upon its adoption
<br />by the Common Council and approval by the Mayor.
<br />/s/ Eugene Ladewski
<br />Member, Common Council
<br />EXHIBIT A
<br />A PARCEL OF LAND BEING A PART OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 38
<br />NORTH, RANGE 2 EAST, GERMAN TOWNSHIP, ST. JOSEPH COUNTY, INDIANA AND BEING MORE
<br />PARTICULARLY DESCRIBED AS FOLLOWS:
<br />COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH 89 59' 03"
<br />WEST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 345.00 FEET TO THE
<br />CENTERLINE OF LILAC ROAD, THENCE NORTH 0 47' 03" WEST ALONG SAID CENTERLILNE, A
<br />DISTANCE OF 699.97 FEET TO THE PLACE OF BEGINNING; THENCE NORTH 89 43 54" WEST, A
<br />DISTANCE OF 272.48 FEET; THENCE SOUTH O1 06' 53" EAST, A DISTANCE OF 160.00 FEET TO
<br />THE NORTH LINE OF CROSS CREEK, SECTION ONE AS SHOWN IN THE OFFICE OF THE RECORDER OF
<br />ST. JOSEPH COUNTY, INDIANA; THENCE NORTH 89 44'30" WEST ALONG SAID NORTH LINE, A
<br />DISTANCE OF 686.71 FEET; THENCE NORTH 0 08' 04" WEST, A DISTANCE OF 560.46 FEET;
<br />THENCE SOUTH 89 57' 36" EAST A DISTANCE OF 691.82 FEET; THENCE SOUTH 01 -25' 29 EAST,
<br />A DISTANCE OF 233.74 FEET; THENCE SOUTH 89- 20'25" EAST, A DISTANCE OF 254.08 FEET;
<br />THENCE SOUTH 89- 29'25" EAST, A DISTANCE OF 254.08 FEET TO THE CENTERLINE OF SAID
<br />LILAC ROAD; THENCE SOUTH 01- 41'54" EAST ALONG SAID CENTERLINE, A DISTANCE OF 168.54
<br />FEET TO THE PLACE OF BEGINNING.
<br />A public hearing was held on the resolution at this time. Council Member Slavinskas
<br />reported that the Zoning and Annexation Committee had met on this bill and
<br />recommended it to the Council favorable. Marco Mariana, Economic Development, made
<br />the presentation for the bill. He indicated this was a voluntary annexation of 9.93
<br />acres. He said that sewer and water are presently available to the area; the
<br />Department of Public Works. police and fire departments do not anticipate any
<br />problems servicing the area. He said they were planning to construct 26 new homes.
<br />Council Member Slavinskas made a motion to adopt this resolution, seconded by Council
<br />Member Coleman. The resolution was adopted by a roll call vote of eight ayes.
<br />REPORT OF CITY OFFICES
<br />Richard Nussbaum, City Attorney, reported on the porno operations in the City. He
<br />indicated they would classify some legal issues related to pornography, and discuss
<br />some of the steps the prosecutor's office has taken on this matter. He indicated
<br />there were rules prohibiting the City from banning this type of operation. He said
<br />Kokomo and Fort Wayne do not have ordinances to regulate adult uses, however, they
<br />have taken steps to attack adult uses. He indicated increased enforcement of the
<br />ordinances on curfews, drug houses, disorderly houses and prostitution will help.
<br />Michael Barnes, County Prosecutor, gave a summation on his office's attempt to curb
<br />pornography in the City.
<br />Council Member Coleman made a motion to resolve into the Committee of the Whole,
<br />seconded by Council Member Duda. The motion carried.
<br />COMMITTEE OF THE WHOLE
<br />Be it remembered that the Common Council of the City of South Bend met in the
<br />Committee of the Whole at 7:58 p.m. with eight members present. Chairman Washington
<br />presiding.
<br />BILL NO. 38 -95 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,
<br />ANNEXING TO AND BRINGING WITHIN THE CITY LIMITS OF SOUTH BEND,
<br />INDIANA, CERTAIN LAND IN GERMAN TOWNSHIP CONTIGUOUS THEREWITH: TOM
<br />THOMPSON AND ED SMITH
<br />This being the time heretofore set for public hearing on the above bill, proponents
<br />and opponents were given an opportunity to be heard. Council Member Slavinskas
<br />reported that the Zoning and Vacation Committee had met on this bill and recommended
<br />it to the Council favorable. Terry Lang, from Lang Feeney Associates, made the
<br />presentation for the bill. He indicated this property would be used to build twenty -
<br />six single family homes adjacent to Cross Creek. Council Member Kelly made a motion
<br />to recommend this bill to the Council favorable, seconded by Council Member
<br />Zakrzewski. The motion carried.
<br />BILL NO. 39 -95 A BILL TO VACATE THE FOLLOWING DESCRIBED PROPERTY: FIRST EAST -WEST
<br />ALLEY NORTH OF W. OAK STREET FROM THE EAST RIGHT -OF -WAY LINE OF N.
<br />COTTAGE GROVE ST. TO THE WEST RIGHT -OF -WAY LINE OF THE FIRST NORTH -
<br />SOUTH ALLEY EAST OF N. COTTAGE GROVE ST. FOR A DISTANCE OF
<br />APPROXIMATELY 111.5 FEET AND A WIDTH OF APPROXIMATELY 13.86 FEET
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