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REGULAR MEETING JUNE 23, 2008
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<br /> WHEREAS, the territory proposed to be annexed encompasses approximately
<br />0.85 acres of land, which property is at least 12.5% contiguous to the current City limits,
<br />i.e., approximately 100% contiguous, generally located just north of the intersection of
<br />Portage and Appaloosa with a postal address of 52610 Portage Road. It is anticipated that
<br />the annexation area will be developed for a commercial building and a restaurant under
<br />the “CB” (Commercial Business) zoning classification as defined by the City of South
<br />Bend’s Zoning Ordinance. This development will require a basic level of municipal
<br />public services of a non-capital improvement nature, including police and fire protection,
<br />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, sidewalks, street lighting, a sanitary sewer system, a water distribution
<br />system, and a storm water system and drainage plan; and
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<br /> WHEREAS, the South Bend Common Council now desires to establish and adopt
<br />a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a
<br />non-capital nature, including police and fire protection, street and road maintenance,
<br />street sweeping, flushing, and snow removal, and sewage collection, and other non-
<br />capital services normally provided within the corporate boundaries; and services of a
<br />capital improvement nature including street and road construction, street lighting, a
<br />sanitary sewer extension, a water distribution system, and a storm water system to be
<br />furnished to the territory to be annexed (2) the method(s) of financing those services; (3)
<br />the plan for the organization and extension of those services; (4) that services of a non-
<br />capital 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 standard
<br />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
<br />use, and population density; (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 within the same manner as those services are provided to areas within the
<br />corporate boundaries of the City of South Bend regardless of similar topography, patterns
<br />of land use, or population density, and in a manner consistent with federal, state and local
<br />laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other
<br />governmental entities whose jobs will be eliminated by the proposed annexation.
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<br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF
<br />THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
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<br /> Section I. It is in the best interest of the City of South Bend and the area proposed
<br />to be annexed that the following described real property located in German Township, St.
<br />Joseph County, Indiana be annexed to the City of South Bend:
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<br />A part of the West Half of the Southwest Quarter of Section Numbered 22,
<br />Township Numbered 38 North, Range Numbered 2 East, lying East of the
<br />State Road leading from South Bend to Niles, Michigan, known as
<br />Portage Highway, more particularly described as follows, to-wit:
<br />Beginning at the intersection of the East and West center line of said
<br />Section Numbered 22, Township and Range aforesaid with the center line
<br />of said Portage Highway; thence Southeasterly along the center line of
<br />said highway a distance of 385 feet to the point of beginning of this
<br />description; thence Northeasterly at right angles to the centerline of said
<br />Portage Highway, 209.38 feet to a point on the East line of the West Half
<br />of the Southwest Quarter of said Section Numbered 22; which point is
<br />283.6 feet South of the East and West centerline of said Section Numbered
<br />22; thence South along the East line of the West Half of the Southwest
<br />Quarter of said Section Numbered 22, 503.25 feet to a point in the center
<br />line of said Portage Highway; thence Northwesterly with the center line of
<br />said Highway, 176.5 feet to a point; thence continuing Northwesterly with
<br />the center line of said highway, 363.9 feet to the place of beginning.
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