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WHEREAS, in a letter sent to Commissioner Cheryl Musgrave of the Department of Local Government Finance ("DLGF"), dated June 18, 2008, Mayor Stephen Luecke states that "though the original financing documents called for demolition of the current Marquette Primary Center, the School Corp., at my request has agreed to consider alternate uses for that building. It is my preference to save structures when possible and to find suitable alternate uses when the original use is no longer practical". (Exhibit C) WHEREAS, on June 26, 2008, DLGF, Commissioner Musgrave approved a petition from the South Bend Community School Corporation ("SBCSC") including the construction of a new school on the Marquette site and "As a condition of this Order, SBCSC, over the next 12 months, shall work in good faith with the City of South Bend to explore viable alternative uses for the existing Marquette School Building". (Exhibit C) WHEREAS, in an effort to formally recognize Marquette School for its architectural merit as an unaltered example of the Collegiate -Gothic Revival style with Art Deco influence, its design by Austin and Shambleau, workmanship by Thomas L. Hickey, historic significance as a Public Works Administration project of the Roosevelt Administration and for its continuous use as a neighborhood school since 1937, the HPC prepared its National Register application in conjunction with Partners in Preservation, Inc. WHEREAS, the ultimate listing of any structure within the National Register of Historic Places, will in no conceivable way limit or hamper its current or future purpose, use, disposition or adaptive reuse. WHEREAS, Marquette School's listing within the National Register of Historic Places is an honorable status and offers rehabilitation tax credit opportunities which are a benefit for any alternate or improvised use. WHEREAS, on September 22, 20112:05 PM, a letter was sent by Andrea L. Beachkofsky, Deputy City Attorney, Dept. of Law; City of South Bend to the Building Department Commissioner and states as follows: "Please be advised that no COA [Certificate of Appropriateness] is needed in order to grant a demo permit for the Marquette project. While an ordinance was passed certifying the school as a local historic landmark that ordinance was VETOED by the Mayor. Therefore, the school is NOT A HISTORIC LANDMARK and a COA is NOT NEEDED as a prerequisite to granting a demo permit." (Exhibit D) WHEREAS, on October 3, 2011, the SBCSC adopted a Resolution "Opposing the Nomination of Marquette Primary Center to the National Register of Historic Places." NOW, THEREFORE, BE IT RESOLVED BY THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY THAT MARQUETTE IS UNDER INTERIM PROTECTION. 1. OUR POSITION IS THAT THE ORDINANCE NO. 9807-07 IS IN EFFECT AND THE VETO WAS NOT AVAILABLE. THE ORDINANCE WAS ENACTED, PUBLISHED AND REMAINS IN EFFECT. 2. THIS ACTION IS TAKEN TO SECURE THE STRUCTURE FROM CHANGES AND DAMAGE THAT WOULD OTHERWISE COMPROMISE ITS HISTORIC AND ARCHITECTURAL INTEGRITY. 3. THIS RESOLUTION SHALL BE IN FULL FORCE AND EFFECT UPON ITS ADOPTION BY THE HISTORIC PRESERVATION COMMISSION Board President Klusczinski moves to adopt the Resolution with a second by Jerry Niezgodski. Vote: 5-0 APPROVED UNANIMOUSLY V. ADJOURNMENT On a motion by Lynn Patrick with a second by Mike Voll to adjourn. Vote: 5-0 Meeting adjourned at 5:20 p.m. Attest: Lynn Patrick, Secretary Date 2 ,/E•(Rlr .11r"�2GoO,Ckr �1.Q r