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REGULAR MEETINGMAY 9, 2005
<br />Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the
<br />annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is
<br />described more particularly in Section I of this Resolution, and;
<br /> WHEREAS, the territory proposed to be annexed encompasses approximately 10.07
<br />acres of land containing one residential structure, which property is at least 12.5% contiguous to
<br />the current City limits, i.e., approximately 50% contiguous, generally located on the south side of
<br />Kern Road, approximately 1,600 feet west of U.S. 31 South. This annexation territory is
<br />intended for eventual development as a 17 lot single family subdivision. The residential
<br />subdivision usage of this annexation territory will require a basic level of municipal public
<br />services of a non-capital improvement nature, including police and fire protection, street and
<br />road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as
<br />services of a capital improvement nature, including street and road construction, street lighting, a
<br />sanitary sewer system, a water distribution system, a storm water system and drainage plan; and
<br /> WHEREAS, the Common Council of the City of South Bend, Indiana, now desires to
<br />establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of
<br />services of a non-capital nature, including street and road maintenance, sewage collection, street
<br />sweeping, flushing, and snow removal, police and fire protection, and other non-capital services
<br />normally provided within the corporate boundaries, and services of a capital improvement
<br />nature, including 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 annexed; (2)
<br />the method(s) of financing those services; (3) the plan for the organization and extension of those
<br />services; (4) that services of a non-capital nature will be provided to the annexed area within one
<br />(1) year after the effective date of the annexation, and that they will be provided in a manner in
<br />standard 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 use, or
<br />population density; (5) that the services of a capital improvement nature will be provided to the
<br />annexed area within three (3) years after the effective date of the annexation in the same manner
<br />as the 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 manner
<br />consistent with federal, state and local laws; and (6) the plan for hiring the employees of other
<br />governmental entities whose jobs will be eliminated by the proposed annexation; and
<br /> WHEREAS, the Board of Public Works of the City of South Bend, and the Board of
<br />Public Safety of the City of South Bend, have each approved a written fiscal plan and established
<br />a policy for the provision of services to the territory proposed to be annexed, which plan and
<br />policy the Common Council finds to be appropriate and in the best interest of the City, and,
<br />which it desires to adopt.
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
<br />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 to be
<br />annexed that the following described real property located in Centre Township, St. Joseph
<br />County, Indiana, be annexed to the City of South Bend:
<br />A PART OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 36
<br />NORTH, RANGE 2 EAST, CENTRE TOWNSHIP, ST. JOSEPH COUNTY,
<br />INDIANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
<br />COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION
<br />2; THENCE NORTH 89 DEGREES 04 MINUTES 47 SECONDS WEST
<br />ALONG THE NORTH LINE OF SAID SECTION 2, A DISTANCE OF 1315.56
<br />FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 10
<br />MINUTES 52 SECONDS WEST ALONG THE WEST BOUNDARY LINE OF
<br />LAFAYETTE FALLS, SECTION TWO, AS RECORDED UNDER
<br />INSTRUMENT NUMBER 0451995 IN THE OFFICE OF THE RECORDER OF
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