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REGULAR MEETINGMAY 23, 2005
<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 German Township, St. Joseph
<br />County, Indiana, be annexed to the City of South Bend:
<br />Being a part of the Southwest and Northwest Quarters of Section 22, Township 38
<br />North, Range 2 East, of German Township, St. Joseph County, Indiana, which is
<br />described as: Beginning at the intersection of the North right-of-way line of
<br />Darden Road and the East line of the West Half of the Northwest Quarter of said
<br />Section 22; thence South 00 -00'-00" East, (all bearings assumed) along said
<br />East line and the East line of the West Half of the Southwest Quarter of said
<br />Section 22, 332.97 feet more or less; thence South 70 -56'-51" West 187.14 feet
<br />more or less to a point on the Easterly right-of-way line of Portage Road; thence
<br />Northwesterly along said Easterly right-of-way line, 416.82 feet more or less
<br />along said Easterly right-of-way line of Portage Road to its intersection with the
<br />North right-of-way line of Darden Road; thence North 90 -00'-00" East, along
<br />said North right-of-way line, 312.75 feet more or less to the Point of Beginning.
<br />Section II. It shall be and hereby is now declared and established that it is the policy of
<br />the City of South Bend, to furnish services to said territory of a non-capital nature, such as police
<br />and fire protection, street and road maintenance, sewage collection, street sweeping, flushing,
<br />and snow removal, within one (1) year of the effective date of the annexation, in a manner
<br />equivalent in standard and scope to the services furnished by the City to other areas of the City
<br />regardless of similar topography, patterns of land use, or population density; and to furnish to
<br />said territory services of a capital improvement nature, such as street and road construction,
<br />street lighting, a sanitary sewer extension, a water distribution system, a storm water system, and
<br />drainage plan, within three (3) years of the effective date of the annexation in the same manner
<br />as those 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, 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
<br />provides among other things, that existing water mains and sewer main lines will be sufficient to
<br />service this area with the developer paying for the extension of an existing sewer main line; that
<br />the developer will install necessary street lighting at its expense; that the developer will
<br />construct and pay for any new public streets necessary to access the development area; and that a
<br />street drainage plan will be planned, provided and paid for by the developer subject to
<br />compliance with state and local law.
<br />Section IV. This Resolution shall be in full force and effect from and of its date of adoption by
<br />the Common Council and approval by the Mayor.
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