Loading...
HomeMy WebLinkAbout8461-94 Repealing ordinance 5539-73 entitlled An Ordinance Annexing certain land to city of South Bend ORDINANCE No. 8461-94 Passed by the Common Council of the City of South Bend, Indiana. February 14, 94 Ig •Attest: ' City Clerk IRENE K. GAMMON /�i I��L Attest: _ "�% President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana_ February 1 5, Ig 94._ City Clerk IRENE K. GAMMON Approved and signed by me Z//Y z g Mayor SUBSTITUTE BILL NO. 9-93 ORDINANCE NO. E 4(0 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,REPEALING ORDINANCE NO. 5539-73 OF THE CITY OF SOUTH BEND,INDIANA,ENTITLED "AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF SOUTH BEND, INDIANA." STATEMENT OF PURPOSE AND INTENT On June 25, 1973, the Common Council of the City of South Bend, Indiana, passed Ordinance No. 5539-73. That ordinance annexed into the City of South Bend approximately 3,450 acres of land located to the north of the City of South Bend. It encompassed land within Clay and German Townships which was contiguous with and adjacent to the external boundaries of the City. Ordinance No. 5539-73, by operation of law, is not yet effective since a remonstrance was filed in the St.Joseph Circuit Court within the time period established by state statute. As of this date, the Circuit Court has not determined the sufficiency of this remonstrance. On November 19,1992, Mayor Joseph E. Kernan presented to the South Bend Common Council, documents entitled the "South Bend Annexation Policy and Plan", prepared with the assistance of Cole Associates. The Common Council has reviewed the South Bend Annexation Policy and Plan, and has been updated by the Department of Economic Development of the City of South Bend. The Council believes that the Policy and Plan outlined in the 1992 report is in the best interests of the City. Accordingly, it further believes that to spend further time and tax dollars in litigating the merits of Ordinance No. 5539-73, is not in our City's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, as follows: Section I. Ordinance No. 5539-73, passed by the Common Council on June 25, 1973 and entitled "An Ordinance Annexing Certain Land to the City of South, Indiana" shall be and hereby is repealed, and shall be of no force and effect. Section II. This ordinance shall be of full, force and effect from and after its passage by the Common Council,approval . ,e Mayor,ands,'gal publication. AILs`l. ber of the Co '�• / ouncil "" „9'SpUTN 8 X11' ` �\ �I///y /id i��w _\ !;�� City of South Bend �4 X4.4:,:`;` '�'.'`�: Joseph E. Kernan, Mayor Office of the Mayor February 3 , 1993 Mr. Stephen Luecke, President South Bend Common Council 4th Floor County-City Building South Bend, Indiana 46601 Re: An Ordinance of the Common Council of the City of South Bend, Indiana, Rescinding Ordinance No 5539-73 , Entitled "An Ordinance Annexing Certain Land to the City of South Bend, Indiana” Dear Steve, I am attaching for filing the above-referenced ordinance which rescinds what is commonly known as the Clay Annexation Ordinance. As you know, a remonstrance against this annexation was filed shortly after the adoption of this ordinance in 1973 . This remonstrance has languished in the St. Joseph Superior Court for almost twenty years. As you also know, over the past year or so the City, with the assistance of Cole Associates, has undertaken the formulation of an Annexation Plan and Policy which will serve to guide the City's annexation efforts into the next decade and beyond. The Plan and Policy does not identify the Clay annexation area as a priority. Much time and effort, both on the part of the City and the Superior Court, has been expended in addressing the Clay annexation and remonstrance. We cannot afford to expend additional, scarce, personnel and physical resources to address an annexation area not identified as a priority under the Plan and Policy. Conseqently, we believe the time has come to rescind the Clay Annexation Ordinance, unburden the Superior Court of this case, and move on to more productive uses of staff time. County-City Building • South Bend, Indiana 46601 • 219/284-9261 • Telefax (219) 284-9892 Jack Reed James R. Caldwell Mikki Dobski Administrative Assistant Administrative Assistant for Neighborhoods Community Affairs Mr. Stephen Luecke February 3 , 1993 Page Two I respectfully request the Council' s favorable consideration of the above-referenced ordinance. Sin erely, Joseph E. Kernan Ma or Tritnnitttrt &port can the Mammon Qlountil of tip QlttV of*nutty nnb: Your Committee OF THE WHOLE to whom was referred BILL NO. 9-93 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, RECINDING ORDINANCE NO. 5539-73 OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED "AN ORDINANCE ANNEXING CERTAIN LAND TO THE CITY OF SOUTH BEND, INDIANA. " Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable, as amended1 Q n + Roland Kelly Chairman 1 FREE PRESS PUBLISHING CO.