03-22-10 Common Council Meeting Minutes

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REGULAR MEETING MARCH 22, 2010 Resolution was adopted by a roll call vote of eight (8) ayes and one (1) nay (Councilmember Henry Davis.) RESOLUTION NO. 4021-10 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, APPROVING AN ORDER OF THE ST. JOSEPH COUNTY AREA PLAN COMMISSION APPROVING A CERTAIN DECLARATORY RESOLUTION AND AN AMENDMENT TO THE SOUTH SIDE DEVELOPMENT AREA DEVELOPMENT PLAN ADOPTED BY THE SOUTH BEND REDEVELOPMENT COMMISSION , WHEREAS the South Bend Redevelopment Commission (the “Commission”), the governing body of the South Bend Department of Redevelopment and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana Code 36-7-14 (the “Act”), on March 5, 2010, approved and adopted its Resolution No. 2658 (the “Declaratory Resolution”), Exhibit A, amending the acquisition list in the South Side Development Area Development Plan (the “Plan”) for the South Side Development Area (the “Area”) and amending the South Side Development Area Development Plan (the “Plan Amendment”); and , WHEREAS the Plan Amendment calls for the addition of various parcels located within the Area, to the Acquisition List contained within the Plan; and , WHEREAS the St. Joseph County Area Plan Commission (the “Plan Commission”), which is the duly designated and acting official planning body for the City of South Bend, Indiana (the “City”), on March 16, 2010, adopted and approved a resolution, a copy of which is attached hereto as Exhibit B, determining that the Declaratory Resolution and the Plan Amendment conform to the plan of development for the City and approving, ratifying and confirming the Declaratory Resolution and the Plan Amendment, and designating such resolution as the written order of the Plan Commission approving the Declaratory Resolution and the Plan Amendment as required by Section 16 of the Act (the “Plan Commission Order”); and , WHEREAS Section 16 of the Act prohibits the Commission from proceeding until the Plan Commission Order is approved by the municipal legislative body of the City; and , WHEREAS the Common Council of the City is the municipal legislative body of the City and now desires to approve the Plan Commission Order in order to permit the Commission to proceed with the redevelopment of the Area; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of South Bend, Indiana, as follows: 1. The Plan Commission Order attached hereto is in all respects hereby approved, ratified and confirmed. 2. This Resolution shall be in full force and effect from and after its adoption by the Common Council of the City and compliance with procedures required by law. s/Derek Dieter Member of the Common Council 13