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8338-93 Rescinding Ordinance 8261-92 Annexation Douglas & SR 23
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8338-93 Rescinding Ordinance 8261-92 Annexation Douglas & SR 23
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10/10/2012 10:58:17 AM
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10/10/2012 10:58:04 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
1/11/1993
Ord-Res Number
8338-93
Bill Number
115-92
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ORDINANCE NO. 23.3?-- 9 Jr <br /> AN ORDINANCE OF THE COMMON COUNCIL OF THE <br /> CITY OF SOUTH BEND, INDIANA, RESCINDING. <br /> ORDINANCE NO. 8261-92 OF THE. CITY OF SOUTH BEND, <br /> INDIANA, ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL <br /> OF THE. CITY OF SOUTH BEND, INDIANA, ANNEXING TO <br /> THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH" <br /> STATEMENT OF PURPOSE. AND INTENT <br /> On May 11, 1992, the Common Council of the City of South Bend, <br /> Indiana, enacted Ordinance No. 8261-92 entitled "An Ordinance of the <br /> Common Council of the. City of South Bend, Indiana, Annexing to the <br /> City of South Bend Certain Territory Contiguous Therewith." <br /> Ordinance No. 8261-92. annexed to the City of South Bend approximately <br /> 2.1 acres of land located to the southeast of the intersection of <br /> Douglas Road and State Road 23 in St. Joseph County, and contiguous <br /> with and adjacent to the external boundaries of the City. Ordinance <br /> No. 8261-92, by operation of law, is not yet effective as a <br /> remonstrance was filed in the St. Joseph Circuit Court within the <br /> time period established by statute. The sufficiency of this <br /> remonstrance has yet to be determined by the Court. <br /> On November 19, 1992, Mayor Joseph E. Kernan presented to the. <br /> South. Bend_ Common Council the South Bend Annexation Policy and Plan <br /> prepared with the assistance of Cole Associates. <br /> Consideration of said Plan and Policy, in consultation with the <br /> Department. of Economic Development of the City of South Bend, yields <br /> the conclusion that the interests of the City and the efficient <br /> implementation of the Plan and Policy, would be best served by <br /> focusing the efforts and resources of the City and its staff on areas <br /> other than the area addressed by Ordinance No. 8261-92, (including <br /> for example, areas wholly surrounded by the City of South Bend) <br /> rather than on the litigation surrounding Ordinance No. 8261-92. <br /> NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY <br /> OF SOUTH BEND, as follows: <br /> Section I. Ordinance 8261-92, enacted May 11, 1992, and entitled <br /> "An Ordinance of the Common Council of the City of South Bend, <br /> Indiana, Annexing to the City of South Bend Certain Territory <br /> Contiguous Therewith" shall be and hereby is rescinded and of no <br /> force and effect. <br /> Section II. This ordinance shall be of full force and effect <br /> from and after its adoption by the Common Council, approval by the <br /> Mayor, and proper legal publication. <br /> Membe , Sa Bend Common Council <br />
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