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RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA ("HPC") PLACING MARQUETTE SCHOOL, LOCATED AT 1905 COLLEGE STREET; SOUTH BEND, INDIANA, UNDER INTERIM PROTECTION WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, Indiana was established in 1973 by South Bend Ordinance No. 5565-73 and is charged to "Survey, identify, plan for and advise the Common Council and the Area Plan Commission concerning the establishment of Historic Preservation Districts [and] the designation of Historic Landmarks. South Bend Municipal Code § 21-13.02 WHEREAS, the HPC is a Certified Local Government Agency, and is the local authority charged to identify, study, and recommend those local sites and structures with qualities recognized by the State of Indiana or the United States National Park Service for historic designation or for inclusion in the National Register of Historic Places, respectively. WHEREAS, Marquette School has been endorsed as a candidate for the National Register of Historic Places by both the National Trust for Historic Preservation (Exhibit A) and the Indiana Department of Natural Resources — Division of Historic Preservation and Archeology (Exhibit B). WHEREAS, on November 26, 2007 the South Bend Common Council, passed Substitute Bill No. 61-07, thereby establishing Marquette School as a Local Historic Landmark. WHEREAS, on December 5, 2007, Mayor Stephen Luecke sent a letter to the South Bend Common Council stating that he would veto Substitute Bill No. 61- 07. WHEREAS, on December 10, 2007, the South Bend Common Council, at its regular meeting, ratified the opinion of its Counselor, Kathleen Cekanski- Ferrand that, "Under the relevant Indiana law and the relevant provisions of the current South Bend Municipal Code, the Mayor does not have the authority to veto an ordinance passed by the Common Council which establishes a local historic landmark". WHEREAS, Substitute Bill No. 61-07 became Ordinance No. 9807-07 [Source: Council Record, Book #49 on file in the Office of the City Clerk]