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REGULAR MEETING DECEMBER 13, 2004
<br /> northeast corner of a tract land conveyed to Frank J. Prusinski by deed
<br /> record as instrument number 8505339 in the Office of the Recorder of St.
<br /> Joseph County, Indiana; thence west along the north line of said Prusinski
<br /> tract of land, a distance of 440.00 feet to the southeast corner of a tract of
<br /> land conveyed to Bruce R. and Dorothy J. Michalos by deed record as
<br /> instrument number 8108480 in said Recorder's Office; thence north along
<br /> the east line of said Michalos tract of land and it's projection to the north
<br /> right-of-way line of Brick Road, a distance of 2009.24 feet; thence east
<br /> and parallel to the north line of said Northwest Quarter, a distance of
<br /> 440.00 feet to the point of intersection with the east line of said Northwest
<br /> Quarter; thence south along said east line, a distance of 20 feet to the point
<br /> of beginning. Subject to restrictions and taxes of record and rights of way
<br /> for legal highways, drainage tiles, ditches, feeders and laterals.
<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, and a storm water system, within three (3) years of the
<br /> effective date of the annexation in the same manner as those services are provided to
<br /> 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 set forth in Exhibit "A", attached
<br /> hereto and made a part hereof, for the furnishing of said services to the territory to be
<br /> annexed, which Fiscal Plan provides among other things, that virtually all capital
<br /> improvements required to service the annexation area will be planned, provided, and paid
<br /> for by the developer subject 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/Karen L. White
<br /> Member of the Common Council
<br /> Councilmember Kuspa, Chairperson, Zoning& Annexation Committee reported that this
<br /> committee held a Public Hearing on this bill this afternoon and sends it to the full Council
<br /> with a favorable recommendation.
<br /> Mr. George Adler, Division of Community Development, 224 W. Jefferson Blvd., Suite
<br /> 100, South Bend, Indiana made the presentation for this bill.
<br /> Mr. Adler advised that this bill is a companion to Bill No. 81-04. This bill proposes to
<br /> annex contiguous territory in German Township to the City of South Bend. The written
<br /> plan and policy concerns the provision of services,both capital and non-capital in nature,
<br /> to the territory to be annexed. This is a voluntary petition of a 20 acre parcel on the south
<br /> side of Brick Road, west of Portage Avenue. Mr. Adler further advised that all public
<br /> improvements will be required to be done at the expense of 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 either in favor of or in
<br /> opposition to the Resolution. Councilmember Coleman made a motion to adopt this
<br /> Resolution. Councilmember Varner seconded the motion which carried.
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