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J8 <br />WHEREAS, there has been submitted to the Common Council of the City of South <br />Bend, Indiana, an ordinance which proposes the annexation of the hereinafter <br />described real estate located in German Township, St. Joseph County, Indiana; and <br />WHEREAS, the territory proposed to be annexed is adjacent to and /or near the <br />Michiana Regional Airport and is to be developed, as part of the City's Airport <br />2010 project, which development will require a level of municipal public services <br />basic to the establishment and maintenance of such development, which services <br />shall include services of a non - capital nature, including street and road <br />maintenance, fire and police protection, and services of a capital improvement <br />nature, including street construction, street lighting, sewer facilities, water <br />facilities and storm water facilities; 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 <br />cost estimates of services of a non - capital nature, including street and road <br />maintenance, police and fire protection and other non - capital services normally <br />provided within the corporate boundaries, and services of a capital improvement <br />nature, including street construction, street lighting, water facilities, sewer <br />facilities, and storm water drainage facilities to be furnished to the territory to <br />be annexed; (2) the method(s) of financing those services; (3) the plan for the <br />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 <br />of other governmental entities whose jobs will be eliminated by the proposed <br />annexation; 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 Commissioner <br />of the City of South Bend have approved a written fiscal plan and established a <br />policy for the provision of services to an area which includes the territory to be <br />annexed, which plan and policy, as it relates to the territory to be annexed, the <br />Common Council finds appropriate and the adoption of which as the plan and policy <br />for the City of South Bend the Common Council finds to be in the best interests of <br />the City. <br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF <br />SOUTH BEND, INDIANA, AS FOLLOWS: <br />Section I. That it is in the best interest of the City of South Bend and of tl <br />area proposed to be annexed that the following described real property located in <br />German Township, St. Joseph County, Indiana, be annexed to the City of South Bend: <br />That part of Section 21 and 22, T. 38 N., R. 2 E., German Township, St. Joseph <br />County, Indiana which is described as: Beginning at the Center of Section 21; <br />thence N. 880- 53' -36" E. along the East and West quarter line of said Section, <br />450.58 ft. to the Southeast corner of Lot 6 of the recorded plat of Toll Road <br />Industrial Park, Section 4; thence N. 000- 56' -57" W., 348.63 ft. to the Northwest <br />corner of Lot 3, of the recorded plat of Toll Road Industrial Park, Section 2, <br />thence N. 88 °- 53' -36" E., 385.00 ft. to the West line of Ralph Jones Drive; thence <br />N. 000- 56' -57" W., 504.83 ft.; thence around a 30.00 ft. radius curve to the left <br />an arc distance of 47.21 ft. to the end of a chord which bears N. 460- 01' -41" W. <br />and a distance of 42.49 ft. to the south line of William Richardson Drive; thence <br />along said south line S. 88 °- 53' -36" W., 805.50 ft. to the Northwest corner of Lot <br />6, Toll Road Industrial Park, Section 4; thence N. 000- 56' -57" W., 1126.62 ft. to <br />the Northwest corner of Outlot 7C, of the recorded plat of Toll Road Industrial <br />Park, Section 7; thence N. 88 °- 53' -36" E., 1327.59 ft. to the Northeast corner of <br />Lot 11 of Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 1046.62 <br />ft. to the North line of William Richardson Court; thence along said North line N. <br />88 °- 53' -36" E., 238.43 ft.; thence around 60.00 ft. radius curve to the left an arc <br />distance of 50.47 ft. to the end of a chord which bears N. 640- 47' -51" E. and a <br />distance of 48.99 ft.; thence around a 60.00 ft. radius curve to the right an arc <br />distance of 144.76 ft. to the end of a chord which bears S. 70 °- 04' -02" E. and a <br />distance of 112.12 ft. to the northwest corner of Lot 18 of the recorded plat of <br />Toll Road Industrial Park, Section 6; thence S. 000- 56' -57" E., 604.73 ft. to the <br />southeast corner of Lot 17 of the Toll Road Industrial Park, Section 6; thence <br />crossing Lot 18 of said Section 6, N. 88 °- 53' -36" E., 930.91 ft. to the East line <br />of said Section 21; thence along the said East line S. 00 °- 45' -45" E., 338.81 ft. <br />to the east quarter post of said Section; thence S. 010- 00' -44" E. along the East <br />line of said section, 585.04 ft.; thence N. 890- 44' -31" E., 1219.94 ft. to the <br />Centerline of Portage Road; <br />