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SUBSTITUTE BILL NO. 9-93 <br /> ORDINANCE NO. E 4(0 <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, <br /> INDIANA,REPEALING ORDINANCE NO. 5539-73 OF THE CITY OF SOUTH <br /> BEND,INDIANA,ENTITLED "AN ORDINANCE ANNEXING CERTAIN LAND TO <br /> THE CITY OF SOUTH BEND, INDIANA." <br /> STATEMENT OF PURPOSE AND INTENT <br /> On June 25, 1973, the Common Council of the City of South Bend, Indiana, <br /> passed Ordinance No. 5539-73. <br /> That ordinance annexed into the City of South Bend approximately 3,450 acres of <br /> land located to the north of the City of South Bend. It encompassed land within Clay and <br /> German Townships which was contiguous with and adjacent to the external boundaries of <br /> the City. <br /> Ordinance No. 5539-73, by operation of law, is not yet effective since a <br /> remonstrance was filed in the St.Joseph Circuit Court within the time period established by <br /> state statute. As of this date, the Circuit Court has not determined the sufficiency of this <br /> remonstrance. <br /> On November 19,1992, Mayor Joseph E. Kernan presented to the South Bend <br /> Common Council, documents entitled the "South Bend Annexation Policy and Plan", <br /> prepared with the assistance of Cole Associates. <br /> The Common Council has reviewed the South Bend Annexation Policy and Plan, <br /> and has been updated by the Department of Economic Development of the City of South <br /> Bend. The Council believes that the Policy and Plan outlined in the 1992 report is in the <br /> best interests of the City. <br /> Accordingly, it further believes that to spend further time and tax dollars in <br /> litigating the merits of Ordinance No. 5539-73, is not in our City's best interest. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF <br /> THE CITY OF SOUTH BEND, INDIANA, as follows: <br /> Section I. Ordinance No. 5539-73, passed by the Common Council on June 25, <br /> 1973 and entitled "An Ordinance Annexing Certain Land to the City of South, Indiana" <br /> shall be and hereby is repealed, and shall be of no force and effect. <br /> Section II. This ordinance shall be of full, force and effect from and after its <br /> passage by the Common Council,approval . ,e Mayor,ands,'gal publication. <br /> AILs`l. <br /> ber of the Co '�• / ouncil <br />