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HomeMy WebLinkAbout03/18/74 Board of Public Works MinutesREGULAR MEETING MARCH 18, 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, March 18, 1974 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. CHARLES F. LENNON, JR. RE: CIVIC CENTER CONTRACTS Mr. Charles F. Lennon, Jr., Contract Administrator for the Civic Center Authority, was present and asked the Board to approve two contracts for the Civic Center Authority. One is a proposal from Clyde E. Williams and Associates for the plot map and design survey for the Civic Center site at a cost of $1500. Upon motion made, seconded and carried, the Board approved the contract with Clyde Williams and Associates for the Civic Center -site plan survey. The second request was for approval of an Agreement for Soils Investigation between the City of South Bend Civic Center Authority and Cole Associates, with the contract not to exceed $11,000. This contract will be submitted to the Common Council for approval after Board approval. Upon motion made, seconded and carried, the Board approved the contract with Cole Associates for Soils Investigation. O BIDS - BUREAU OF FIRE TRACTOR This was the date set for accepting bids for a Tractor for the Bureau of Fire. p� The Clerk tendered proofs of publication of notice in the South Bend Tribune and W the Tri-County News which were found to be sufficient. The following bids were W opened and publicly read: MICHIANA MACK Bid - $21,897.00 Bid was signed by Ronald Delcamp, non -collusion affidavit was in order and a 10% bid bond accompanied the bid. This was the only bid received. Chief Joseph Nagy was present and inspected the bid.. He then recommended to the Board that the bid be accepted. Upon motion made, seconded and carried, the Board accepted the bid of Michiana Mack for one 1974 Mack Low Tilt Diesel Tractor at a bid price of $21,897.00, this being the low and only bid. CONFIRMATION OF IMPROVEMENT RESOLUTION NO. 3393, 1974 This was the date set for receiving written comments regarding Improvement Resolution No. 3393, 1974 for the improvement of South Main Street from Chippewa Avenue to Ireland Road by constructing water mains. No remonstrators having appeared and no written remonstrances having been received, the Board, upon motion made, seconded and carried, confirmed Improvement Resolution No. 3393, 1974 as adopted on February 4, 1974, and the improvement is hereby ordered to be made. FILING OF ASSESSMENT ROLL FOR IMPROVEMENT RESOLUTION NO. 3386, 1974 The Final Assessment Roll for Improvement Resolution No. 3386, 1974, the Cambridge Drive Sewer Project, was filed with the Board by Rollin E. Farrand, P. E., Civil City Engineer. Notice of hearing on the Assessment Roll will be published on March 22 and 29, 1974, with the hearing to be held on Monday, April 1, 1974 in the Board of Public Works Hearing Room. Upon motion made, seconded and carried, the Board ordered the Assessment Roll filed and set the hearing date for 9:30 a.m. on Monday, April 1, 1974. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3194, 1974 (MC DONALD'S) Rollin E. Farrand, City Engineer, files an Assessment Roll showing the award of damages and assessment of benefits in Vacation Resolution No. 3394, 1974, for the vacation of the east -west alley between Madison and Marion Streets running from the east right-of-way line of Michigan Street to west right-of-way line of the first north -south alley east of Michigan Street. The east -west alley between.Lots 139 and 138 in the Original Plat of South Bend. REGULAR MEETING MARCH 18, 1974 The following property may be injuriously or beneficially affected by.such vacation: Lots No. 139 and 138 in the Original Plat of South Bend. Total Net Benefits $0.00 Total Net Damages $0.00 Upon motion made, seconded and carried, the Board adopted the Assessment Roll and set 9:30 a.m. on Monday, April 22, 1974, Room 1308 County -City Building, South Bend, Indiana, as the date and place of hearing all persons interested in or affected by such vacation. CONTRACTS FOR GAS SERVICE SIGNED Contracts were received from the Northern Indiana Public Service Company for gas service for the ventilating system at the Municipal Services Facility. Mr. Farrand recommended that the Board approve the contracts. Upon motion made, seconded and carried, the contracts with the Northern Indiana Public Service Company were approved and will be submitted to be signed by Company officials. RECOMMENDATION ON BID FOR BUREAU OF STREETS TRUCKS Mr. Farrand explained to the Board that action on this bid had been tabled last week. He then made a motion that the Board accept the bid of Michiana Mack for Bureau of Streets trucks and that Mr. Decker, Director of the Division of Transportation be authorized to purchase units, as bid, within their 1974 budget. The motion was seconded and carried. RECOMMENDATION ON PARKING ON CITY -OWNED LOTS The Bureau of Traffic and Lighting had been asked to review a situation where complaints had been received about vehicles driving across the sidewalk and parking on a city -owned lot at the corner of Jacob and Arthur Streets. The following recommendation was received: "Complaints reference vehicles being parked and stored on a city - owned lot at the southwest corner of Cedar and Arthur was referred to this Bureau for investigation and recommendation. It was found that three vehicles registered to a Durwood Elliott, 1130 E. Cedar Street, were parked on the lot. Section 20-7 of the Municipal Code provides for restrictions. Since a hazard exists in that vehicles are being drive on and over the sidewalk and curb, it is recommended that this lot be posted "No Parking, Vehicles Will Be Towed", etc. and the Police Department be informed to enforce. s/ Clem F. Hazinski Manager, Bureau of Traffic and Lighting " Upon motion made, seconded and carried, the Board accepted the recommendation and directed that the Police Department be notified to enforce the No Parking Ban as soon as the lot is posted. Councilman Roger Parent was also present in regard to this matter. He said he had received complaints about vehicles on this lot and was glad the Board was taking action. LETTER FROM AREA PLAN COMMISSION RE: ZONING STUDY The Board received a letter from the Area Plan Commission in regard to a proposed zoning change in the area of the intersections of Forest Avenue, LaMonte Terrace and Lindsay Street with Portage Avenue. Notification of the proposed study and change is being sent to all property owners in the area. The City of South Bend owns the property at 706 Portage Avenue, the Old #6 Fire Station, which is currently being leased to the South Bend Civic Theatre Association. It was the feeling of the Board that this letter should be discussed by the Cabinet this week and the matter was taken under advisement until after that meeting. REGULAR MEETING MARCH 18, 1974 owl NLAZA PAYMENT REQUEST NO. 30 - WASTEWATER TREATMENT PLANT ADDITIONS Payment Request No. 30 for Wastewater Treatment Plant Additions from the Sollitt Construction Company in the amount of $73,739.72 was received by the Board. Upon motion made, seconded and carried, the payment request was approved. APPROVAL OF TRAFFIC CONTROL DEVICES The following recommendations were received from the Bureau of Traffic and Lighting: A. Installation of One Hour Parking Limit Signs between 3614 and 3618 Mishawaka Avenue. Upon motion made, seconded and carried, the Board approved the installation. B. Installation of Stop Signs at Ford Street and Sample Street. There are Yi-eld,S.igns at this location at present and traffic warrants stop signs. Upon motion made, seconded and carried, the Board approved the installation. © C. Installation,of Stop Signs at Mayflower Circle,and Sample Street. This Cz location presently has Yield Signs and the traffic warrants Stop Signs. Upon motion made seconded and carried the Board approved the installation. � P � � PP W W STREET LIGHT OUTAGE REPORT FILED Upon motion made, seconded and carried, the Street Light Outage Report for the period of March 6 through March 13, 1974 was received and ordered filed. APPROVAL OF BONDS The Board received a recommendation from Ray S. Andrysiak, Bureau of Engineering, that the following bonds were properly executed and could be approved: EXCAVATION BOND CONTINUATION CERTIFICATE FOR: Sollitt Construction Co. to 4/2/75 Creed's Excavating Co. to 4/20/75 Upon motion made, seconded and carried, the continuation certificates were approved by the Board to the dates listed. REQUEST TO ADVERTISE FOR BUREAU OF STREETS MATERIALS APPROVED Mr. Farrand requested that the Board approve advertising for street and alley materials for the Bureau of Streets for 1974. Upon motion made, seconded and carried, the Board approved the request and the Clerk is directed to advertise for bids on March 22 and 29, 1974 with bids to be received at 9:30 a.m. on April 1, 1974. ANNEXATION RESOLUTIONS ADOPTED Mr. Roemer presented to the Board an Amended Resolution and an Alternate Resolution for the proposed annexed lands in Portage, Clay and German Townships. The Common Council will hold a public hearing on the resolutions at their next meeting. Mr. Roemer said the resolutions outline the fiscal plan and he recommended that the Board adopt the resolutions. Mr. Barcome noted that the City Controller's Office would have to check the fiscal plans. Upon motion made, seconded and carried, the following resolutions were adopted by the Board, subject to any changes in the fiscal plan which may be determined by the City Controller's Office. • M REGULAR MEETING MARCH 18, 1974 AMENDED RESOLUTION 1-1974 WHEREAS, the Common Council of the City of South Bend,, has by ordinance proposed annexation of certain real estate containing territory in Portage, Clay and German Townships, St. Joseph County, Indiana; and WHEREAS, the City of South Bend has need in the reasonably near future for land suitable for additional industrial and commercial development; and WHEREAS, the City of South Bend has need in the reasonably near future. for undeveloped land suitable for additional residential development; and WHEREAS, land use analysis of St. Joseph County for future industrial development projects such development principally in the area in the vicinity of the St. Joseph County Airport, and the intersection of the U. S. 20 bypass and the Northern Indiana Toll Road, and in an extension of the existing industrial devel- opment in the southwest area of South Bend extending southwest of the U. S. 20 bypass; and WHEREAS, -land use analysis of St. Joseph County for future residential development in the largely undeveloped area west of U. S. 31, north of the Indiana east -west toll road and east of the projected extension of the U. S. 20 bypass; and WHEREAS, the above enumerated industrial, commercial and residential areas are included in the territory described in said annexation ordinance; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy to furnish to said territory to be annexed within a period of three (3) years, governmental and proprietary services sub- stantially equivalent in standard and scope to the governmental and proprietary services furnished by the City to other areas of the City which have characteristics of topography, patterns of land utilization and population density similar to said territory. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend: SECTION 1. The real estate in the Exhibit attached hereto and made a part hereof is needed and can be used by the City of South Bend for its future development in the reasonably near future. SECTION 2. It is now hereby declared and established that it is the policy of the City of South Bend to furnish to said territory within a period of three (3) years governmental and proprietary services substantially equivalent in standard and scope to the governmental and proprietary services furnished by the City to other areas of the City which have characteristics of topography, patterns of land utilization and population density similar to said territory, and that such services, among others, shall include street maintenance, traffic control, street lighting, sanitation service and sewer service. SECTION 3. The Board of Public Works now establishes the following timetable for the furnishing of such services: A. Street Maintenance - maintenance of streets and roads within the territory to be annexed could be begun by the City within 30 days after the effective date of the annexation by the use of present equipment owned and operated by the City. B. Traffic Control - traffic studies would be commenced within 60 days of the effective date of the annexation and signage and controls would be erected as needed within 18 months of the effective,date.:of the annexation. C. Street Lighting - survey of necessary street lighting within the area would be made within 90 days after the effective date of REGULAR MEETING MARCH 18, 1974 annexation and contracts for the erection of street lighting as needed to furnish an equivalent lighting to that of the other areas of the City with similar characteristics of topography, land utilization and population density would be contracted for within 6 months of the effective date of the annexation and such lighting could be completed dependent upon the supplies and equipment of the Indiana and Michigan Electric Co. within 9 to 12 months thereafter. D. Sanitation Service - this service can be available immediately upon the effective date of the annexation at the request of any residents within the area who wish to avail themselves of this service. E. Sewer Service - construction of trunk sewers could be commenced within 1 year of the effective date of the annexation and all trunk sewers would be completed within the 3years of the effective date. Local sewers can be installed to O connect to these trunk sewers as requested by the Cc residents of the territory as soon as the trunk sewer 4r is available to receive the sewage. SECTION 4. The Board of Public Works now establishes and adopts the following fiscal plan for the furnishing of such services: A. Street Maintenance and Traffic Control The Bureau of Streets and Bureau of Traffic will assume the maintenance of all existing streets in the territory to be annexed. Maintenance of 97 miles of streets at $1050 per mile would be an annual cost of $101,850. Annual revenues received by the City from refund of State collected motor vehicle gas taxes at $8.85 per capita would produce $66,428 per annum from the territory to be annexed., The balance of the cost of street maintenance for the initial year will be paid from appropriations from federal revenue sharing funds. Thereafter street maintenance within the territory to be annexed will become a part of the annual budget of the City of South Bend for its general street maintenance program to be financed from the same sources as that budget is presently funded. B. Street Lighting - The annual cost of street lighting for the 97 miles of street, roads and highways within the territory to be annexed is estimated at $225 per mile to furnish equivalent city street lighting at a cost of $21,825 per annum. The first year of cost of operation of the street lighting program will be paid from appropriations from revenue sharing funds. Thereafter, the cost of the street lighting will be paid from tax revenues to be derived from the territory to be annexed and from the same fund that finances the existing street lighting budget. C. Sanitation - This service i-s presently provided by the City to residents for a fee of $3.00 per month per family and is currently a self-supporting service. No city costs are assigned to this service. D. Sewer Service - Trunk sewers would be provided for the area by the construction of $1,275,900 0- 12", 1511, 18" and 21" diameter sewers. Based upon 97 miles of sewers, less 15 miles of trunk sewers, there would be 82 miles of local sewers to be constructed at a cost of $42,240 per mile. The total cost of local sewer construction is estimated to be $3,463,680. If the City participates in 50% of this cost there would be a cost to the City of $1,731,840 for local sewer construction. Financing of this construction could be accomplished in several ways. First federal water and sewer grants are expected in the near future for this type of construction. Based upon 75% of federal participation, 10% state participation, and the remainder from local services, the total cost to the City would be $451,161. In the event that this type of financing was not available, general obligation bonds could be issued for the construction of trunk sewers in the amount of $1,275,900. Based on 5% interest and 25 year term, the annual cost of this trunk sewer construction would be $90,528. The City has the present bonding capacity for general obligation bonds to float this amount of loans. REGULAR MEETING MARCH 18 1974 SECTION 5. The Board of Public Works determines that the revenue to the City to be anticipated from such annexation will be derived from the following: A. Property tax revenue based upon assessed valuation of $8,662,550 would produce $436,592 per year to be derived from tax payment made for 1974 payable 1975 taxes. B. Revenue from distribution of State collected taxes from motor vehicle highway tax, special $.02 motor vehicle highway tax, cigarette tqx to general fund and cigarette tax to cumulative capital improvement fund is estimated at $21.06 per capita for a total available distribution of $158,076 per annum. C. Estimated revenue sharing distribution from the federal government based upon present sharing would be in the amoutn of $56,800 per annum. D. Total estimated revenue from the territory to be annexed would be $651,469. E. Total cost of services to be furnished to the area to be annexed including all governmental and proprietary services is estimated at $457,358. Adopted this 18th day of March, 1974. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome 11 ATTEST: s/ Patricia DeClercq, Clerk EXHIBIT A Beginning at a point in the present city limits line which point is at the intersection of the (future) centerline of Kaley Street and northwesterly right- of-way line of Prairie Avenue (State Rd. 23) this point is also the most south- westerly point in Homeland Addition in the northwest V of Section 22, Twp. 37 North, Range 2 East, Portage Twp., St. Joseph County, Indiana; thence southwesterly along.the northwesterly right-of-way line of Liberty Hwy., State Route 23 to the south line of Section 21, Twp. 37 North, Range 2 East which south line is the boundary line between Portage Twp, and Greene Twp; thence west along the south line of Section 21, Twp. 37 North, Range 2 East to the southwest corner of said Section 21; thence to the southeast corner of Section 20, Twp. 37 North, Range 2 East; thence due west along the south line of said Section 20 to the southwest corner of said Section 20; thence to the southeast corner of Section 19, Twp. 37 North, Range 2 East; thence due west along the south line of Section 19, to the southwest corner of said Section 19; thence due north a distance of four miles plus or minus along the west boundary line of Portage Twp. to the northwest corner of Section 6, Twp. 37 North, Rante 2 East; thence to the southwest corner of Section 31, Twp. 38 North, Range 2 East; thence due north a distance of four and fivty seven hundredths (4.57) miles along the west boundary line of German Twp, to the Indiana and Michigan state line; thence due east along the Indiana and Michigan state line a distance of four and eight tenths (4.8) miles plus or minus to a point where the west line of Dixie View 2nd Addition extended to the north would intersect the Indiana and Michigan State line; thence south along the west line of Dixie View 2nd Addition a distance of eight hundred and thirty two and forty seven hundredths (832.47) feet plus or minus; n W REGULAR MEETING MARCH 18, 1974 thence due east along the south property lines of Dixie View 2nd Addition and Dixie View Addition a distance of one thousand three hundred and twenty-eight (1,328) feet plus or minus to the west line of Sec..,12, Twp. 38 North, Range 2 East; thence due south along the west line of said Section 12 a distance of two thousand one hundred and eighty (2180) ft. plus or minus to the southwest corner of said Section 12; thence to the northwest corner of Section 13, Twp. 38 North, Range 2 East; thence south along the west line of said Section 13 to the southwest corner of said Section 13; thence to the northeast corner of Section 23, Twp 38 North, Range 2 East; thence due west along the north line of Section 23, Twp. 38 North, Range 2 East to the northwest corner of said Section 23; thence to the northeast corner of Section 22, Twp. 38 North, Range 2 East; thence due west along the north line of said Section 22 to the west right -of way line of Lilac Road; thence south along the west right-of-way line of Lilac Road a distance of thirty (30) feet to the south right-of-way line of Brick Road; thence west along the south right-of-way line of Brick Road a distance of. approximately two thousand three hundred and five (2305) feet plus or minus to the north -south centerline of Section 22, Twp. 38 .North, Range 2 East; thence south and along the present city limits line as set forth in parts of the following annexation ordinances and following the line of the city limits as said city limits was established by each of the following listed annexation ordinances: Engineer's Office Ordinance No. Ordinance No. Year Passed 130 5171 1970 72 4454 1962 121 5127 1969 41 396o 1954 100 4780 1965 79 4465 1962 117 5113 1969 71 4440 1962 60 4314 1960 115 5048 1969 11 2475 1925 105 4850 1966 127 5136 1970 1940 22 3315 134 5311 1971 11 2475 1925 2 1574 1911 133 5309 1971 to the point of beginning, all in German, Clay or Portage Twp., St. Joseph County, Indiana containing fifteen thousand five hundred and fifty two (15,552) acres or twenty four and thirty hundredths (24.30) square miles. RESOLUTION 2-1974 WHEREAS, the Common Council of the City of South Bend has by ordinance proposed annexation of certain real estate containing territory in German Township, St. Joseph County, Indiana; and WHEREAS, the City of South Bend has need in the reasonably near future for land suitable for additional industrial and commercial development; and WHEREAS, the City of South Bend has need in the reasonably near future for undeveloped land suitable for additional residential development; and REGULAR MEETING MARCH 18, 1974 WHEREAS, land use analysis of St. Joseph County for future industrial and commercial development projects such development in the area in the vicinity of the St'. Joseph County Airport, and the intersection of the U. S. 20 bypass as such bypass extension is projected and the Northern Indiana Toll Road; and WHEREAS, land use analysis of St-. Joseph County for future residential development projects residential development in the largely undevelopment area north of the Northern Indiana Toll Road, and west of the projected extension of the U. S. 20 bypass; and WHEREAS, the above enumerated industrial, commercial and residential areas are included in the territory described in said annexation ordinance; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy to furnish governmental and proprietary ser- vices substantially equivalent in standard and scope to the governmental and proprietary services furnished by the .City to other areas of the City which have characteristics of topography, patterns of land utilization and population density sinilar to said territory. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend: SECTION 1. The real estate described in the annexation ordinance attached hereto and made a part hereof is needed and can beuused by the City of South Bend for its future development in the reasonably near future. SECTION 2. It is now hereby declared and established that it is the policy of the City of South Bend to furnish to said territory within a period of three (3) years governmental and proprietary services substantially equivalent in.standard nd scope to the governmental and proprietary services furnished by the City to other areas of the City which have characteristics of topography, patterns of land utilization and population density similar to said territory and that such services, among others, shall include street maintenance, traffic control, street lighting, sanitation service and sewer service. SECTION 3. The Board of Public Works now establishes the following timetable for the furnishing of such services: A. Street Maintenance - maintenance of streets and roads within the territory to be annexed could be begun by the City within 30 days after the effective date of the annexation by the use of present equipment owned and operated by the City. B. Traffic Control - traffic studies would be commenced within 60 days of the effective date of the annexation and the signage and controls would be erected as needed within 18 months of the effective date of the annexation. C. Street Lighting - survey of necessary street lighting within the area would be made within 90 days after the effective date of -the annexation and contracts for the erection of street lighting as needed to furnish an equivalent lighting to that of the other areas of the city with similar characteristics of topography, land utilization and population density would be contracted for within 6 months of the effective date of the annexation and such lighting could be completed dependent upon the supplies and equipment of the Indiana and Michigan Electric Co. within 9 to 12 months thereafter. D. Sanitation Service - This service can be available immediately upon the effective date of the annexation at the request of any residents within the area who wish to avail themselves of this service. DAM REGULAR MEETING MARCH 18, 1974 E. Sewer Service - construction of trunk sewers could be commenced approximately 1 year after the effective date of the annexation and all trunk sewer construction could be completed within 2 years of the effective date of the ordinance. Local sewers can be installed to connect to these trunk .sewers at any time after construction and within the three year period to serve residents as requested by them and upon arrangement for payment of the prevailing share of cost of local sewer installations, the same being a 50% of the cost.thereof. All local sewer construction, if so petitioned for, could be completed within 3 years of the effective date of the annexation ordinance. SECTION.4. The Board of Public Works now establishes and adopts the following fiscal plan for the furnishing of such services: A. Street Maintenance and Traffic Control - The Bureau of Streets and Bureau of Traffic will assume the maintenance of all existing streets in the territory to be annexed. Maintenance of 16 miles of streets at $2500 per mile would be an annual cost © of $40,000. Annual revenues received by the City from refund of State collected Cz motor vehicle gas taxes at $8.85 per capita would procude $14,160 per annum from �j the territory to be annexed. The balance of the cost of street maintenance for pa the initial year will be paid from appropriations from federal revenue sharing funds. W Thereafter, street maintenance within the territory to be annexed will become a G� part of the annual budget of the City of South Bend for its general street maintenance program to be financed from the same sources as that budget is presently funded. B. Street Lighting - The annual cost of street lighting for the 16 miles of streets, roads and highways within the territory to be annexed is estimated at $775 per mile to furnish equivalent City street lighting at a total cost of $12,400 per annum. The first year of cost of operation of the street lighting program will be paid from appropriations from revenue sharing funds. Thereafter, the cost of street lighting will be paid from tax revenues to be derived from the territory to be annexed and from the same fund that finances the existing street lighting budget. C. Sanitation - This service is presently provided by the City to residents for a fee of $3.00 per month per family and is currently a self-supporting service. No city costs are assigned to this service. D. Sewer Service - Trunk sewers would be provided for thie area by the construction of $544,000 of 15", 18", 21" and 36" diameter sewers. The total highways, roads and city streets in the area would be 16 miles, of which 5.53 miles would be trunk sewers. Of the 10.47 miles remaining, local sewers would be required on 80 per cent thereof, of 8.38 miles. Cost of such local sewers at the rate of $42,240 per mile would be $353,971. If the City participates in 50% of this cost, there would be a total to the City for local sewer construction of $176,986. Financing of this construction could be accomplished in several ways. First, federal water and sewer grants are expected in the near future for this type of construction. Based on 75% of federal participation, 10% state participation, and the remainder from local sources, the total cost would be $108,148. In the event this type of financing was unavailable, general obligation bonds could be issued for the con- struction of trunk sewers in the amount of $544,000. Based on 5% interest and a 25 year term, the annual cost for sewers would be $39,000. The City at this time has bonding capacity for general obligation bonds to finance this amount. SECTION 5. The Board of Public Works determines that the revenue to the City to be anticipated from such annexation will be derived from the following: A. Property tax revenue as based upon assessed valuation of $1,236,610 would produce $62,325 per year to be derived from tax payment made for 1975 payable 1976 taxes. B. Revenue from distribution of State Collected taxes from motor vehicle highway tax, -cigarette tax to general fund and cigarette tax to cumulative capital improvement fund is estimated at $21.06 per capita for a total available distribution of $14,531. C. Estimated revenue sharing distribution from the federal government based upon present revenue sharing would be in the amount of $10,460 per annum. D. Total estimated revenue from the territory to be annexed would be $87,317. REGULAR MEETING ''MARCH 18, 1974 E. Total cost of services to be furnished to the area to be annexed including all governmental services for fire and police protection as well as the proprietary services herein enumerated together with allowance for 10% of governmental overhead expense of $12,503, would be $137,533. Adopted this 18th day of March, 1974. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James V. Barcome s/ J.ames R. Seitz ATTEST: s/ Patricia DeClercq, Clerk DESCRIPTION OF REAL ESTATE IN ATTACHMENT Beginning at the point of intersection of the easterly right-of-way line of Portage Road Highway with south right-of-way line of the Indiana Toll Road, in Section 27, Twp. 38 North, Range 2, East, German Twp.., St. Joseph County, Indiana. thence northwesterly along the easterly right-of-way line of Portage Road Highway a distance of approximately 6,700 feet to a point 500 feet due north of the centerline of Brick Road. thence due west along a line 500 feet north of and parallel to the center line of Brick Road a distance of approximately 14,500 feet to a point in the west right-of-way line of Olive Road extended to the north. thence due south along the west right-of-way line of Olive Road extended to the north and the west right-of-way line of Olive Road a distance of approximately 11,000 feet to the northerly right-of-way line of Lincolnway West (US 20); thence further south to a point 250 feet due south of the center line of Lincoln Way West; thence south easterly along a line 250 feet south of and parallel to the center line of Lincolnway West (US 20) a distance of approximately 11,500 feet to the point of intersection with the present city limits line, thence meandering along the present city limits line as set forth in the following listed annexation ordinances, Engineer's Office Ordinance No. Ordinance No. Year Passed 11 2475 1925 115 5048 1968 11 2475 1925 60 4314 1960 71 4440 1962 117 5112 1969 79 4465 1962 100 4780 1965 thence to the point of intersection of the south right-of-way line of the Toll Road and the easterly line of Portage Road Highway the point of beginning, all in German Township, St. Joseph County Indiana. Containing approximately 3,830 acres or approximately 6 square miles. INTERIM REPORT - VACATION RESOLUTIONS Mr. Roemer made an interim report to the Board on his office's investigation of procedures whereby vacated land is put on the property tax rolls. Mr. Roemer said this has been a very time consuming investigation. Seventeen of the twenty-nine properties surveyed so far have not shown the vacated property on the assessment of the property owner. The investigation is currently REGULAR MEETING MARCH18, 1974 1 1 covering the years 1960 through 1971. It will be determined later whether the period prior to 1960 should be studied. Prior to 1972, the Board notified City agencies of vacated property but did not notify the Assessor. Any property which did get on the property assessment was done so because of personal inspection by the assessor's office. Mr. Roemer noted that his office is receiving excellent cooperation from Ideal Baldoni, Portage Township Assessor, and S. J. Vitale, Deputy Assessor. Vacated property which has been found in this survey is immediately put on the property tax rolls and back taxes can be collected for the last three years, Mr. Roemer also stated that, so far, his d investigation has been only on business properties. jt wi11 be etermined later whether to pursue the investigation on residential a eys vacated. Mr. Roemer said he wanted to commend the South Bend Tribune, and particularly Marchmont Kovas, for taking the initiative in bringing this matter to the attention of the Board so that it could be looked into. This is the kind of reporting that should be done, especially when it means that tax money will be collected that would not have been collected without such an investigation. NEWS VENDING STANDS Mr. Roemer spoke to the Board about their action last in week in ordering two news vending stands removed from the corner of Washington Street and Main Street and the corner of Main and Wayne Streets. Mr. Roemer noted that a previous Board had removed these stands and a court suit was filed by the owners of the stands. Following this action, City Attorney Charles Sweeney wrote the Attorney for the 'owners of the stands and agreed to allow the stands to be released and replaced on the streets. Mr. Roemer noted that the owners of the stands had filed a complaint with the American Civil Liberties Union saying removal of the stands was a violation of their constitutional rights and infringed on freedom of speech. Mr. Roemer said he would like to avoid a court suit and he recommended that the Board rescind its earlier action and release the news stands. There was some discussion on the matter of waiving the permit requirement for placing anything on the city sidewalks and how this might affect the whole permit procedure. Upon motion made, seconded and carried, the Board ordered the news vending stands replaced at their former locations for a two week period, while the City Attorney's office makes a further study of the situation and reports to the Board. At that time the Board will make a determination as to the proper procedure for placing such news vending stands on the public sidewalks. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:40 a.m.