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RESOLUTION NO. 12- <br /> A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF <br /> SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA <br /> MAKING A RECOMMENDATION TO THE <br /> COMMON COUNCIL OF THE CITY OF SOUTH BEND <br /> ON ESTABLISHING THE AVON THEATRE <br /> AS A HISTORIC LANDMARK <br /> WHEREAS,the Historic Preservation Commission of South Bend and St. Joseph County, <br /> Indiana(the "Commission") exists and operates under the provisions of ordinances enacted by the <br /> Common Council of the City of South Bend,Indiana,and the County Council of St.Joseph County, <br /> Indiana(the "Enabling Ordinances"); and <br /> WHEREAS,the Commission is empowered,pursuant to the Enabling Ordinances,to make <br /> recommendations to the Common Council of the City of South Bend,Indiana for the establishment <br /> of historical landmarks; and <br /> WHEREAS,on July 12,2012,the Commission held a meeting to consider land mark status <br /> for the Avon Theatre located at 309 South Michigan Street, in the city of South Bend, Indiana; and <br /> WHEREAS, at that meeting, the Commission adopted a proposal to recommend to the <br /> Common Council of the City of South Bend (the "Common Council") that the Avon Theatre be <br /> designated as a historic landmark pursuant to South Bend City Ordinance No.5565-73,as amended; <br /> and <br /> WHEREAS, at that meeting, the Commission further declared that the Avon Theatre be <br /> place under interim protection pursuant to the Municipal Code of the City of South Bend, Section <br /> 21-13.02(d)(5); and <br /> WHEREAS, on July 23, 2012, the Common Council introduced its Bill No. 35-12, <br /> proposing to establish the Avon Theatre as a historical landmark within the City of South Bend;and <br /> WHEREAS,pursuant to Section 21-13.02(d)(4),the Common Council has referred Bill No. <br /> 35-12 to the Commission to hold a public hearing to hear comments on the establishment of the <br /> Avon Theatre as a historic landmark and to make a recommendation back to the Common Council; <br /> and <br /> WHEREAS,the Commission has heard and considered the comments made at said public <br /> hearing at the Commission's regularly scheduled meeting on September 17,2012,at 7:00 p.m.; and <br /> WHEREAS, the Commission now desires to make a recommendation to the Common <br />