REGULAR MEETING MARCH 25, 2002
<br />more particularly in Section I of this Resolution, and;
<br />WHEREAS, the territory proposed to be annexed encompasses approximately 9.17 acres
<br />of vacant, unimproved land, which property is at least 12.1 % contiguous to the current City limits,
<br />i.e., approximately 28.4% contiguous, generally located on both sides of Douglas Road,
<br />approximately 1,500 feet east of State Road 23 in Clay Township, Indiana. This annexation territory
<br />is intended to be used for a small office complex and commercial strip with a remote possibility of
<br />residential units. Accordingly, the 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 road
<br />maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a
<br />capital improvement nature, including street and road construction, a storm water system, a sanitary
<br />sewer system, and a water distribution system; 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, police and fire protection,
<br />and other non - capital services normally provided within the corporate boundaries, and services of
<br />a capital improvement nature, including a sewer collection system, a water distribution system, and
<br />a street lighting system; (2) the method (s) of financing those services; (3) the plan for the
<br />organization and extension of those services; (4) that services of a non - capital nature will be
<br />provided to the annexed area within one (1) year after the effective date of the annexation, and that
<br />they will be provided in a manner in standard and scope to similar non - capital services provided to
<br />areas within the corporate boundaries of the City of South Bend, regardless of similar topography,
<br />patterns of land use, or population density; (5) that the services of a capital improvement nature will
<br />be provided to the annexed area within four (4) years after the effective date of the annexation in the
<br />same manner as the services are provided to areas within the corporate boundaries of the City of
<br />South Bend, regardless of similar topography, patterns of land use, or population density, and in a
<br />manner consistent with federal, state and local laws; and (6) the plan for hiring the employees of
<br />other 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, the Board of Public
<br />Safety of the City of South Bend, and the Board of Water Works Commissioners of the City of
<br />South Bend, have each approved a written fiscal plan and established a policy for the provision of
<br />services to the territory proposed to be annexed, which plan and policy the Common Council finds
<br />to be appropriate and in the best interest of the City, and, which it desires to adopt.
<br />NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY
<br />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 real property located in Clay Township, St. Joseph County, Indiana, described more
<br />particularly as follows, be annexed to the City of South Bend:
<br />PARCEL I.
<br />THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 38 NORTH,
<br />RANGE 3 EAST, CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA WHICH IS
<br />DESCRIBED AS: BEGINNING AT A POINT ON THE WEST LINE OF THE NORTHEAST
<br />QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 32 WHICH IS S. 00° - 00' -00"
<br />W. (ALL BEARINGS ASSUMED), 444.00 FT. MORE OR LESS FROM THE NORTHWEST
<br />CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
<br />SECTION 32; THENCE S. 00° - 00' -00" W. ALONG SAID WEST LINE, 20.00 FT. MORE OR
<br />LESS; THENCE N. 90'-00'-00" E., ALONG THE SOUTH LINE OF A PARCEL OF GROUND
<br />WITH A TAX KEY IDENTIFICATION NUMBER OF 02- 2023 -0548 IN THE RECORDS OF THE
<br />ST. JOSEPH COUNTY, INDIANA AUDITOR'S OFFICE, 66.8 FT. MORE OR LESS TO THE
<br />EXISTING CITY OF SOUTH BEND CORPORATE LIMIT LINE; THENCE S. 00 - 00' -00" W.
<br />ALONG SAID CORPORATE LINE, 288.5 FT. MORE OR LESS TO THE NORTH LINE OF A
<br />PARCEL OF GROUND WITH A TAX KEY IDENTIFICATION NUMBER OF 02- 2023 - 0548.10
<br />In
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