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REGULAR MEETING NOVEMBER 27, 2006 ~ ~ o
<br />snow removal, and sewage collection, and other non-capital services normally provided
<br />within the corporate boundaries; and services of a capital improvement nature including
<br />street and road construction, street lighting, a sanitary sewer extension, a water
<br />distribution system, and a storm water system to be furnished to the territory to be
<br />annexed (2) the method(s) of financing those services; (3) the plan for the organization
<br />and extension of those services; (4) that services of anon-capital nature will be provided
<br />to the annexed area within one (1) year after the effective date of the annexation, and that
<br />they will be provided in a manner equivalent in standard and scope to similar non-capital
<br />services provided to areas within the corporate boundaries of the City of South Bend,
<br />regardless of similar topography, patterns of land use, and population density; (5) that
<br />services of a capital improvement nature will be provided to the annexed area within
<br />three (3) years after the effective date of the annexation within the same manner as those
<br />services are provided to areas within the corporate boundaries of the City of South Bend
<br />regardless of similar topography, patterns of land use, or population density, and in a
<br />manner consistent with federal, state and focal Laws, procedures, and planning criteria;
<br />and (6) the plan for hiring the employees or other governmental entities whose jobs will
<br />be eliminated by the proposed annexation.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC
<br />WORKS OF THE CITY 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
<br />to be annexed that the real property described more particularly at Page 15 of Exhibit "A"
<br />attached hereto be annexed to the City of South Bend.
<br />Section II. That it shall be and hereby is now declared and established that it is
<br />the policy of the City of South Bend, by and through its Board of Public Works, to
<br />furnish to said territory services of anon-capital nature, such as street and road
<br />maintenance, street sweeping, flushing, and snow removal, within one (1) year of the
<br />effective date of the annexation in a manner equivalent in standard and scope to services
<br />furnished by the City to other areas of the City regardless of similar topography, patterns
<br />of land utilization, and population density; and to furnish to said territory, services of a
<br />capital improvement nature such as street and road construction, a street light system, a
<br />sanitary sewer system, a water distribution system, a storm water system and drainage
<br />plan, within three (3) years of the effective date of the annexation in the same manner as
<br />those services are provided to areas within the corporate boundaries of the City of South
<br />Bend regardless of similar topography, patterns of land use, or population density.
<br />Section III. That the Board of Public Works shall and does hereby now establish
<br />and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the
<br />furnishing of said services to the territory to be annexed, which provides, among other
<br />things, that the public sanitary sewer and water network is available with capacity
<br />sufficient to service this area; that street lighting and parking will be installed at the
<br />developer's expense; and that a street drainage plan will be also be planned, provided and
<br />paid for by the developer subject to compliance with state and local law.
<br />Section IV. In consideration of pedestrian safety and proper vehicular movement,
<br />it is required as a condition of rezoning and annexation that the developers give very
<br />careful consideration to vehicular access and circulation as well as pedestrian movement
<br />for the developments within the annexation area. In this regard, the annexation and
<br />rezoning is subject to the following conditions: 1) vehicular access to Burdette Street on
<br />the west side of hotel/condo site should be eliminated and a vehicular access created
<br />along Vaness Street. 2) the elimination of gates and other devices that restrict access to
<br />the developments in order to create a gated community. 3) the installation of public
<br />infrastructure along the appropriate frontage of each site, including standardizing the
<br />width of Vaness Street according to City standards.
<br />It is required that the annexation area integrate harmoniously with the surrounding
<br />residential areas. It should also be required that neo-traditional building/site design
<br />elements be included in terms of context, setback, orientation, spacing, style, massing,
<br />height, entry, fenestration, materials, accessory buildings, landscape buffering and
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