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organization and extension of those services; (4) that services of a non - capital
<br />nature will be provided to the annexed area within one (1) year after the effective
<br />date of the annexation, and that they will be provided in a manner equivalent in
<br />standard and scope to similar non - capital services provided to areas within the
<br />corporate boundaries of the City of South Bend, that have characteristic of
<br />topography, patterns of land use, and population density similar to that of the
<br />territory to be annexed; (5) that services of a capital improvement nature will be
<br />provided to the annexed area within three (3) years after the effective date of the
<br />annexation in the same manner as those 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; and (6) the plan for hiring the employees of
<br />other governmental entities whose jobs will be eliminated by the proposed annexation;
<br />and
<br />WHEREAS, the Board of Public Works of the City of South Bend, the Board of
<br />Public Safety of the City of South Bend, and the Board of Water Works Commissioners
<br />of the City of South Bend have approved a written fiscal plan and established a
<br />policy for the provision of services to the territory to be annexed which plan and
<br />policy, as it relates to the territory to be annexed, the Common Council finds to be
<br />in the best interests of the City.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,
<br />INDIANA, AS FOLLOWS:
<br />Section I. That it is in the best interest of the City of South Bend and of the
<br />area proposed to be annexed that the real property located in German Township, St.
<br />Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part
<br />hereof, be annexed to the City of South Bend.
<br />Section II. That it shall be and hereby is now declared and established that it
<br />is the policy of the City of South Bend to furnish to said territory services of a
<br />non - capital nature, such as street and road maintenance, police and fire protection,
<br />within one (1) year of the effective date of the annexation, in a manner equivalent
<br />in standard and scope to the services furnished by the City to other areas of the
<br />City which have characteristics of typography, patterns of land utilization and
<br />population density similar to said territory; and to furnish to said territory
<br />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 corporate boundaries of the City of South
<br />Bend that have characteristics of topography, patterns of land use and population
<br />density similar to that of the territory to be annexed and in a manner consistent
<br />with Federal, State and local 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/ Stephen Luecke
<br />Member, Common Council
<br />EXHIBIT A
<br />Parcels of land located in the Northwest quarter of Section 21 and the Northeast
<br />quarter of Section 21 and the Northeast quarter of Section 21 and the Northeast
<br />quarter of Section 20, Township 38 North, Range 2 East, German Township, St. Joseph
<br />County, Indiana. More particularly described as follows:
<br />Beginning at the center point of Section 21, thence North 1325.083 feet; thence West
<br />661.020 feet; thence West 800.00 feet; thence South 350 feet; thence West 3164.05
<br />feet along the parallel to a line 1000 feet South of the center line of Brick Road;
<br />thence North 1000 feet to the center line of Brick Road; thence West 660 feet to the
<br />center line of Mayflower Road; thence South 1308 feet; thence Southeast 74.74 feet;
<br />thence East by Southeast 2757 feet along the North right -of -way line of Cleveland
<br />Road extension; thence North 669.74 feet; thence East 561.72 feet; thence South
<br />795.17 feet to the North right -of -way line of Cleveland Road extension; then
<br />Southeasterly 1630.36 feet along the North right -of -way line of Cleveland Road
<br />extension; thence East 180 feet to the center point of Section 21, being the point of
<br />beginning and containing approximately 142.7 acres.
<br />A public hearing was held on the resolution at this time. Council Member Slavinskas
<br />reported that the Zoning and Vacation Committee had met on this bill and recommended
<br />it be continued. Larry Magloiozzi, Economic Development Specialist, made the
<br />presentation for the bill. He indicated this fiscal plan represents the Shiveley-
<br />Demaegt Annexation located in the northwest on Cleveland, and the property is at
<br />least 56% contiguous to the City limits. He indicated there is no population, no
<br />buildings or homes within the area, and the City tax rate will apply upon the
<br />annexation. Kenneth Fedder, attorney representing Marilyn Brown, indicated she was a
<br />property owner in the area that the City is proposing to annex, and she would like
<br />all of her property to be annexed and would like this bill continued and the legal
<br />rewritten to include the remainder of her property. Bob Martinelli, 512771
<br />
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