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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 to
<br />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 following described real property located in Centre Township, St. Joseph County,
<br />Indiana, be annexed to the City of South Bend:
<br />A lot or parcel of land in the North half of the Northeast Quarter of Section 2,
<br />Township 36 North, Range 2 East, in St. Joseph County, Indiana, described
<br />as:
<br />Beginning at a point on the westerly line of the Michigan Road 767.64 feet
<br />southerly (measured along the westerly line of said road) of the middle line of
<br />Kern Road; thence running west on a line parallel with said Kern Road a
<br />distance of 255 feet; thence due south 121.63 feet; thence south 71
<br />degrees, 08 minutes east 210.95 feet to the westerly line of said Michigan
<br />Road; thence north 16 degrees, 09 minutes east with the westerly line of the
<br />Michigan Road 198 feet to the place of beginning.
<br />Section II. It shall be and hereby is now declared and established that it is the policy of the
<br />City of South Bend, to furnish services to said territory of a non - capital nature, such as police and
<br />fire protection, street and road maintenance, sewage collection, street sweeping, flushing, and snow
<br />removal, within one (1) year of the effective date of the annexation, in a manner equivalent in
<br />standard and scope to the services furnished by the City to other areas of the City regardless of
<br />similar topography, patterns of land use, or population density; and to furnish to said territory
<br />services of a capital improvement nature, such as street and road construction, street lighting, a
<br />sanitary sewer extension, a water distribution system, a storm water system, and drainage plan,
<br />within three (3) years of the effective date of the annexation in the same manner as those 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, procedures, and planning criteria.
<br />Section III. The Common Council for the City of South Bend shall and does hereby now
<br />establish and adopt The Fiscal Plan as set forth in Exhibit "A ", attached hereto and made a part
<br />hereof, for the furnishing of said services to the territory to be annexed, which Fiscal Plan provides
<br />among other things, that the developer will extend the sewer network at its expense from the Hidden
<br />Valley (Creek) subdivision through the new annexation area; that an existing water main at the west
<br />side of U.S. 31 South has sufficient capacity to service the annexation area and that the cost for
<br />extension of that water main line to service the annexation area will be shared equally between the
<br />City and the developer; that the developer will plan, provide, and pay for construction of new public
<br />streets and installation of street lighting subject to compliance with state and local law; and that a
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