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sot]TII8; <br /> , �/ <br /> 11 City of South Bend <br /> Joseph E.Kernan,Mayor <br /> x 1865 <br /> Office of the Mayor <br /> August 13, 1996 <br /> Mr. Roland Kelly <br /> President <br /> South Bend Common Council <br /> 4th Floor, County-City Building <br /> South Bend, IN 46601 <br /> Re: ORDINANCE NO. 8702-96: AN ORDINANCE OF THE COMMON COUNCIL OF <br /> THE CITY OF SOUTH BEND, INDIANA, ANNEXING TO THE CITY OF SOUTH <br /> BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH LOCATED IN CLAY <br /> TOWNSHIP, ST. JOSEPH COUNTY INDIANA (IRONWOOD NORTH <br /> ANNEXATION) <br /> RESOLUTION 2391-96: A RESOLUTION OF THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND <br /> ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN <br /> ANNEXED AREA IN CLAY TOWNSHIP <br /> Dear Mr. Kelly, <br /> I have been advised by the City Attorney that an error of <br /> a technical nature exists in the legal description of the territory <br /> proposed for annexation under the above-referenced Ordinance. The <br /> legal description does not include all public right-of-way <br /> contiguous to the territory proposed for annexation, as is required <br /> by Indiana law for any annexations occurring after June 30, 1996. <br /> Therefore, I advise you that I respectfully decline to approve the <br /> above-referenced Ordinance and Resolution. <br /> I understand it was the intent of the Council that all <br /> right-of-way contiguous to the territory proposed for annexation by <br /> Ordinance No. 8702-96 be included within the described territory. <br /> I support the Council ' s intended action and would support this <br /> annexation if the Council were to make the necessary modifications <br /> to the Ordinance and Resolution and present the same to me for my <br /> approval. <br /> County-City Building •South Bend,Indiana 46601 •219/235-9261 •Telefax 219/235-9892 <br /> Jack Reed James R.Caldwell Mary Downes <br /> Administrative Assistant Administrative Assistant for Neighborhoods Administrative Assistant for Youth&Education <br />