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REGULAR MEETINGSEPTEMBER 12, 2005
<br />westerly right-of-way line of Portage Avenue and the east line of Field
<br />Pointe Subdivision Phase 2 Section 3 as shown in the Office of the
<br />Recorder of St. Joseph County, Indiana as Instrument No. 0003856, said
<br />point being the point of beginning; thence North 69°38’41” East, at right
<br />angles with said westerly right-of-way line, a distance of 70 feet, more or
<br />less to the easterly right-of-way line of said Portage Avenue; thence South
<br />20°21’19” East along said easterly right-of-way line, a distance of 384.09
<br />feet; thence South 69°38’41” West, at right angles with said easterly right-
<br />of-way line, a distance of 70 feet, more or less to a point on the westerly
<br />right-of-way line of said Portage Avenue being the northeast corner of Lot
<br />9 as shown on the recorded plat of Field Pointe Phase Three in said
<br />Recorder’s Office as Instrument No. 0051408; thence South 75°13’56”
<br />West along the north line of said Lot 9, a distance of 140.81 feet to the
<br />northwest corner of said Lot 9, said point also being on said east line of
<br />Field Pointe Phase 2 Section 3; thence North 00°22’11” East along said
<br />east line, a distance of 396.01 feet to the point of beginning containing
<br />1.24 acres more or less.
<br />Section II. It shall be and hereby is now declared and established that it is the
<br />policy of the City of South Bend, to furnish services to said territory of a non-capital
<br />nature, such as police and fire protection, street and road maintenance, sewage collection,
<br />street sweeping, flushing, and snow removal, within one (1) year of the effective date of
<br />the annexation, in a manner equivalent in standard and scope to the services furnished by
<br />the City to other areas of the City regardless of similar topography, patterns of land use, or
<br />population density; and to furnish to said territory services of a capital improvement
<br />nature, such as street and road construction, street lighting, a sanitary sewer extension, a
<br />water distribution system, a storm water system, and drainage plan, within three (3) years
<br />of the effective date of the annexation in the same manner as those services are provided
<br />to areas within the corporate boundaries of the City of South Bend regardless of similar
<br />topography, patterns of land use, or population density, and in a manner consistent with
<br />federal, state and local laws, procedures, and planning criteria.
<br />Section III. The Common Council for the City of South Bend, Indiana shall and
<br />hereby does now establish and adopt the Fiscal Plan, attached hereto as Exhibit “A”, for
<br />the furnishing of said services to the territory to be annexed, which Fiscal Plan provides,
<br />among other things, that existing water and sewer main lines will be sufficient to service
<br />this area; that no new roads or road improvements are required in this annexation area; and
<br />that a street drainage plan will be provided and paid for by the property developer subject
<br />to compliance with state and local law.
<br />Section IV. This Resolution shall be in full force and effect from and of its date
<br />of adoption by the Common Council and approval by the Mayor.
<br /> s/Charlotte D. Pfeifer
<br /> Member of the Common Council
<br />Councilmember Kuspa, Chairperson, Community and Economic Development
<br />Committee, reported that this committee held a Public Hearing on this bill this afternoon
<br />and voted to send it to the full Council with a favorable recommendation.
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<br />Mr. Larry Magliozzi, Assistant Director, Community & Economic Development, 12
<br />Floor County-City Building, 227 W. Jefferson Blvd, South Bend, Indiana, made the
<br />presentation for this bill.
<br />Mr. Magliozzi advised that this is a voluntary annexation and is a 1.24 acre parcel on the
<br />west side of Portage Road, approximately 200 feet south of Brick Road. Mr. Magliozzi
<br />stated that all public improvements, if any, will be required to be done at the expense of
<br />the developer.
<br />A Public Hearing was held on the Resolution at this time.
<br />There was no one present wishing to speak to the Council in favor of or in opposition to
<br />this Resolution, Councilmember Kelly made a motion to adopt this Resolution.
<br />Councilmember Varner seconded the motion which carried and the Resolution was
<br />adopted by a roll call vote of nine (9) ayes.
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