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SUBSTITUTE <br /> ORDINANCE NO. S6.o7-95 <br /> AN ORDINANCE AMENDING CHAPTER 21, ARTICLE 6 .5, <br /> SECTION 21 . 117 .2 OF THE MUNICIPAL CODE OF <br /> THE CITY OF SOUTH BEND, INDIANA CONCERNING THE <br /> POWERS AND DUTIES OF THE HISTORIC PRESERVATION COMMISSION <br /> STATEMENT OF PURPOSE AND INTENT <br /> Article 6 .5 of Chapter 21 of the South Bend Municipal Code was <br /> amended on August 14, 1989 to require that after a proposed <br /> ordinance is introduced to the Common Council for the purpose of <br /> creating a new historic district or landmark, then the matter shall <br /> be referred to the Historic Preservation Commission for a public <br /> hearing. However, when the Historic Preservation Commission itself <br /> is involved in the designation of a new landmark or historic <br /> district, the Historic Preservation Commission conducts a public <br /> hearing prior to the introduction of an ordinance to the Common <br /> Council to establish such district or landmark. The ordinance in <br /> its present formulation as amended in 1989 could conceivably result <br /> in the conducting of two public hearings by the Historic <br /> Preservation Commission, the second of which would be superfluous <br /> and an unnecessary expense and burden to the Historic Preservation <br /> Commission as well as to landowners and interested parties . <br /> This proposed amendment to Chapter 21, Article 6 .5, Section <br /> 21-117 .2 (d) , will allow the Historic Preservation Commission to <br /> dispense with public hearing after introduction to the Common <br /> Council of an ordinance creating a new district or landmark or <br /> repealing, altering or modifying a district or historic landmark if <br /> the Historic Preservation Commission has conducted a proper public <br /> hearing prior to the introduction to the Common Council of such a <br /> proposed ordinance. <br /> NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND, INDIANA, as follows : <br /> SECTION I . Chapter 21, Article 6 .5, Section 21-117 .2 (d) , of <br /> the Municipal Code of the City of South Bend, Indiana, shall be <br /> amended to read as follows : <br /> The Historic Preservation Commission shall have the following <br /> powers and duties : <br /> * * * <br /> (d) Survey, identify, plan for and advise the Common Council <br /> and the Area Plan Commission concerning the designation of historic <br /> landmarks and the establishment of Historic Preservation Districts . <br /> The Historic Preservation Commission shall recommend the <br /> designation of historic landmarks and the establishment of Historic <br /> Preservation Districts on the basis of historical and cultural <br /> significance, educational value and suitability for preservation. <br /> Historic landmarks shall be designated and Historic <br /> Preservation Districts established by the Common Council through <br /> the passage of an ordinance. Said ordinance shall be initiated in <br /> the usual manner: By a member of the Common Council; by a petition <br />