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REGULAR MEETING JULY 26, 2010 <br /> <br /> <br /> <br />Councilmember Rouse made a motion to adopt Bill No. 10-29. Councilmember White <br />seconded the motion which carried and the Resolution was adopted by a roll call vote of <br />eight (8) ayes. <br /> <br />Councilmember Henry Davis, Jr. present at this time. <br /> <br />RESOLUTION NO. 4040-10 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING AN ORDER OF THE ST. JOSEPH <br /> COUNTY AREA PLAN COMMISSION <br /> APPROVING A CERTAIN DECLARATORY <br /> RESOLUTION AND AN AMENDMENT TO THE <br /> AIRPORT ECONOMIC DEVELOPMENT AREA <br /> DEVELOPMENT PLAN ADOPTED BY THE <br /> SOUTH BEND REDEVELOPMENT <br /> COMMISSION <br /> <br />, <br />WHEREAS the South Bend Redevelopment Commission (the <br />“Commission”), the governing body of the South Bend Department of Redevelopment <br />and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana <br />Code 36-7-14 (the “Act”), on May 21, 2010, approved and adopted its Resolution No. <br />2688 (the “921 N. Bendix Declaratory Resolution”), and on June 4, 2010, approved and <br />adopted its Resolution No. 2692 (the “755 S. Michigan Declaratory Resolution”) <br />(collectively referred to as the “Declaratory Resolutions”), copies of which are attached <br />hereto as “Exhibit A”, amending the acquisition list in the Airport Economic <br />Development Area Development Plan (the “Plan”) for the Airport Economic <br />Development Area (the “Area”) and amending the Airport Economic Development Area <br />Development Plan (the “Plan Amendment”); and <br /> <br />, <br />WHEREAS the Plan Amendment calls for the addition of one or more <br />parcels, located within the Area, to the Acquisition List contained within the Plan; and <br /> <br />, <br />WHEREAS the St. Joseph County Area Plan Commission (the “Plan <br />Commission”), which is the duly designated and acting official planning body for the <br />City of South Bend, Indiana (the “City”), on July 20, 2010, adopted and approved a <br />resolution, a copy of which is attached hereto as “Exhibit B”, determining that the <br />Declaratory Resolutions and the Plan Amendment conform to the plan of development <br />for the City and approving, ratifying and confirming the Declaratory Resolutions and the <br />Plan Amendment, and designating such resolution as the written order of the Plan <br />Commission approving the Declaratory Resolutions and the Plan Amendment as required <br />by Section 16 of the Act (the “Plan Commission Order”); and <br /> <br />, <br />WHEREAS Section 16 of the Act prohibits the Commission from <br />proceeding until the Plan Commission Order is approved by the municipal legislative <br />body of the City; and <br /> <br />WHEREAS, the Common Council of the City is the municipal legislative <br />body of the City and now desires to approve the Plan Commission Order in order to <br />permit the Commission to proceed with the redevelopment of the Area; <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the <br />City of South Bend, Indiana, as follows: <br /> <br />1. The Plan Commission Order attached hereto is in all respects <br />hereby approved, ratified and confirmed. <br /> <br />2. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council of the City and compliance with procedures required <br />by law. <br /> <br /> 21 <br /> <br />