10-23-06 Council Meeting Minutes

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REGULAR MEETING OCTOBER 23, 2006 the plan for the organization and extension of those services; (4) that services of a non- capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation; and WHEREAS, the City of South Bend Board of Public Safety and Board of Public Works have each approved the written fiscal plan and policy and established a policy for the provision of services to the territory proposed to be annexed, which plan and policy the Common Council finds to be appropriate and in the best interest of the City, and which it desires to adopt. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the following described real property located in Portage Township, St. Joseph County, Indiana, be annexed to the City of South Bend: A PART OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 31, TOWNSHIP 38 NORTH, RANGE 3 EAST, CLAY TOWNSHIP, AND A PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION 6, TOWNSHIP 37 NORTH, RANGE 3 EAST, PORTAGE TOWNSHIP, ALL IN ST. JOSEPH COUNTY, INDIANA AND BEING MORE PARTICULARLY DESCRIBED AS: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTH LINE OF SAID SECTION 31 AND THE EAST RIGHT-OF-WAY LINE OF IVY ROAD EXTENDED SOUTH; THENCE NORTH ALONG SAID EXTENDED LINE A DISTANCE OF 52.20 FEET MORE OR LESS TO A POINT; THENCE WEST A DISTANCE OF 70 FEET MORE OR LESS TO A POINT OF INTERSECTION OF THE WEST RIGHT- OF-WAY LINE OF SAID IVY ROAD WITH THE NORTH RIGHT-OF-WAY LINE OF EDISON ROAD AS SAID NORTH LINE IS SHOWN ON A SET OF EDISON ROAD RE-ALIGNMENT ROAD PLANS PREPARED FOR THE UNIVERSITY OF NOTRE DAME, BY THE DLZ INDIANA, LLC AND KNOWN AS PROJECT NO. 04612558, DATED, FEBRUARY 25, 2005 AND AS RECORDED IN THE RECORDS OF THE ST. JOSEPH COUNTY, INDIANA RECORDER'S OFFICE BY DOCUMENT NO. 0537239; THENCE WEST ALONG THE NORTH LINE OF EDISON ROAD AS SHOWN ON SAID PLANS A DISTANCE OF 168.29 FEET MORE OR LESS TO STATION NO. 85+20.00 ON SAID PLANS; THENCE CONTINUING WEST A DISTANCE OF 175.61 FEET MORE OR LESS TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF TWYCKENHAM DRIVE AS SAID DRIVE IS SHOWN ON SAID PLANS; THENCE SOUTHWESTERLY ALONG SAID WEST LINE A DISTANCE OF 34.15 FEET MORE OR LESS TO STATION NO. 83+28.3 ON SAID PLANS, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF RE- ALIGNED EDISON ROAD SHOWN ON SAID PLANS; THENCE SOUTHWESTERLY ON SAID NORTHERLY LINE A DISTANCE OF 59.40 FEET MORE OR LESS TO STATION NO. 82+68.90 ON SAID PLANS; THENCE CONTINUING ON SAID NORTHERLY LINE OF RE-ALIGNED EDISON ROAD AROUND A 1,176.00 FOOT RADIUS CURVE TO THE LEFT SHOWN ON SAID PLANS, A CURVE LENGTH DISTANCE OF 543.90 FEET MORE OR LESS TO STATION NO. 77+50.30 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 99.90 FEET MORE OR LESS TO STATION NO. 76+50.40 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A DISTANCE OF 39.84 FEET MORE OR LESS TO STATION NO. 76+10.56 ON SAID PLANS; THENCE CONTINUING ALONG SAID NORTHERLY LINE, SOUTHWESTERLY A 4