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Richard L. Hill <br />City Attorney <br />Robert M. Parker <br />Chief Deputy <br />Thomas L. Bodnar <br />Gregory O. Loughridge <br />James A. Masters <br />Carolyn V. Pfotenhauer <br />Robert C. Rosenfeld <br />Eugenia S. Schwartz <br />Kathleen E. Skiba - <br />APPENDIX C <br />CITY of SOUTH BEND <br />ROGER 0. PARENT, Mayor <br />` COUNTY.CITy BUILDING sOUrN BEND. INDIANA 46601 <br />January 14, 1982 <br />219/284.9241 <br />Area Plan Commsision <br />County -City Building; <br />South.Bend, IN 46601 <br />Re: Bill No. 140-81 <br />Historic Preservation Commssion Proposed Amendments <br />Gentlemen: <br />This office has reviewed, the above Bill and we would make the follow- <br />ing comments on three sections of the proposed ordinance amendments. <br />These are: <br />(1) Section 21-117.2(k) concerning the acceptance of gifts, <br />(2) The penalty clause of Section 21-117.3(a), <br />(3) The enforcement provisions of 21-117.2(1) and 21-117.3(6). <br />The question involving Section 21-117.2(k) is raised by Karen <br />Ki.emnec's letter of December 10, 1981 to the Common Council -stating <br />that the intent of the Section is to allow the Commission to accept <br />facade easements thereby granting tax benefits to owners of historic <br />buildings. The Historic Preservation ordinance as initially enacted <br />made provision in Section 21-117.2(b) for the Commission to accept <br />real estate, interest in real estate, etc. through purchase, gift, <br />,grant, lease, legacy, bequest or endowment. This paragraph was sub- <br />sequently repealed. The new Section 21.-117.2(k) provides for the <br />Commission to accept monev for the purpose of historic preservation, <br />but does not refer to the acceptance of real estate or an interesr_ to <br />17Q.11 estate which would appear be applicable to facade easemf'nt�. <br />i havl2 not reviewed the provisions of the Internal Revenue Code i:l <br />r_hi.s rep-ard or researched the issue of what interest in land a <br />huildinp Facade may constitltr_f,, but I would suggest that this <br />