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								    REGULAR MEETINGNOVEMBER 14, 2005 
<br />ALONG THE WEST LINE OF LOT ONE OF SAID CHEROKEE GARDENS  
<br />SUBDIVISION, A DISTANCE OF 1280.01 FEET TO THE POINT OF BEGINNING;  
<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,  
<br />or 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 shall and does  
<br />hereby now establish and adopt The Fiscal Plan as amended and as set forth in Exhibit  
<br />"A", attached hereto and made a part hereof, for the furnishing of said services to the  
<br />territory to be annexed, which Fiscal Plan provides, among other things, that an existing  
<br />water main line should be sufficient to service this area; that adequate sewer service is  
<br />presently available with upgrade of the lift station and some sections of the sewer main;  
<br />that street lighting will be provided; that new public streets will be required to access the  
<br />lots proposed for development with costs to be paid by the developer; and that the  
<br />developer will pay the costs of an approved drainage plan which will be required in the  
<br />annexation area. 
<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 Ervin Kuspa, Chairperson, Zoning and Annexation Committee reported  
<br />that this committee held a meeting this afternoon and sends this bill to the full Council  
<br />with no recommendation due to the lack of a quorum.  
<br />Mr. Larry Magliozzi, Assistant Director, Division of Community Development, 1200  
<br />County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana, made the  
<br />presentation for this bill.  
<br />Mr. Magliozzi advised that this annexation is a 198 acre parcel on the north side of  
<br />Adams Road, on either side of the St. Joseph Valley Parkway.  All public improvements,  
<br />if any, will be done at the expense of the developer.  Possible expansion of the TIF area  
<br />may also assist in the development of certain public improvements.  
<br />A Public Hearing was held on the Resolution at this time.  
<br />There being no one present wishing to speak to the Council either in favor of or in  
<br />opposition to this Resolution, Councilmember Kelly made a motion to adopt this  
<br />Resolution as substituted.  Councilmember Dieter seconded the motion which carried and  
<br />the Resolution was adopted by a roll call vote of eight (8) ayes.  
<br />RESOLVE INTO THE COMMITTEE OF THE WHOLE 
<br />At 7:20 p.m., Councilmember Kuspa made a motion to resolve into the Committee of the  
<br />Whole.  Councilmember Varner seconded the motion which carried by a voice vote of  
<br />eight (8) ayes. Councilmember Kelly, Chairperson, Committee of the Whole, presiding.  
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