HomeMy WebLinkAbout8338-93 Rescinding Ordinance 8261-92 Annexation Douglas & SR 23 ORDINANCE No. 8338-93
Passed by the Common Council of the City of South Bend, Indiana_
January 11, 93
- 19
Attest: ' City Clerk
IRENE K. GAMMON
Attest: President of Common Council
Presented by me to the Mayor of the City of South Bend, Indiana—
January 12, 93
19
City Clerk
IRENE K. GAMMON
Approved and sired by me / c Ig !3
• Mayor
ORDINANCE NO. 23.3?-- 9 Jr
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, RESCINDING.
ORDINANCE NO. 8261-92 OF THE. CITY OF SOUTH BEND,
INDIANA, ENTITLED "AN ORDINANCE OF THE COMMON COUNCIL
OF THE. CITY OF SOUTH BEND, INDIANA, ANNEXING TO
THE CITY OF SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH"
STATEMENT OF PURPOSE. AND INTENT
On May 11, 1992, the Common Council of the City of South Bend,
Indiana, enacted Ordinance No. 8261-92 entitled "An Ordinance of the
Common Council of the. City of South Bend, Indiana, Annexing to the
City of South Bend Certain Territory Contiguous Therewith."
Ordinance No. 8261-92. annexed to the City of South Bend approximately
2.1 acres of land located to the southeast of the intersection of
Douglas Road and State Road 23 in St. Joseph County, and contiguous
with and adjacent to the external boundaries of the City. Ordinance
No. 8261-92, by operation of law, is not yet effective as a
remonstrance was filed in the St. Joseph Circuit Court within the
time period established by statute. The sufficiency of this
remonstrance has yet to be determined by the Court.
On November 19, 1992, Mayor Joseph E. Kernan presented to the.
South. Bend_ Common Council the South Bend Annexation Policy and Plan
prepared with the assistance of Cole Associates.
Consideration of said Plan and Policy, in consultation with the
Department. of Economic Development of the City of South Bend, yields
the conclusion that the interests of the City and the efficient
implementation of the Plan and Policy, would be best served by
focusing the efforts and resources of the City and its staff on areas
other than the area addressed by Ordinance No. 8261-92, (including
for example, areas wholly surrounded by the City of South Bend)
rather than on the litigation surrounding Ordinance No. 8261-92.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF SOUTH BEND, as follows:
Section I. Ordinance 8261-92, enacted May 11, 1992, and entitled
"An Ordinance of the Common Council of the City of South Bend,
Indiana, Annexing to the City of South Bend Certain Territory
Contiguous Therewith" shall be and hereby is rescinded and of no
force and effect.
Section II. This ordinance shall be of full force and effect
from and after its adoption by the Common Council, approval by the
Mayor, and proper legal publication.
Membe , Sa Bend Common Council
aionunittn itrpart
Ohl tilt Gammon Moonlit of tilt Olitg of li+outli �itnh:
Your Committee of the Whole
to whom was referred
BILL NO.
115-92 SECOND READING ON A BILL OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, RESCINDING ORDINANCE NO.
8261-92 OF THE CITY OF SOUTH BEND, INDIANA, ENTITLED
"AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF
SOUTH BEND CERTAIN TERRITORY CONTIGUOUS THEREWITH"
• Respectfully report that they have examined the matter and that in their opinion
This bill should be recommended to the Council favorable.
Thomas Zakrzewski
Chairman
SoUTHy���\��1
�. , ,� r/ d;� City of South Bend
�l/ Joseph E. Kernan, Mayor
1`\\ 1865 _
Department of Economic Development
Jon R. Hunt Ann E. Kolata
Executive Director Deputy Executive Director
December 9, 1992
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. 8261-92 of the City of South Bend, Indiana,
Entitled "An Ordinance of the Common Council of
the City of South. Bend, Indiana, Annexing to the
City of South Bend Certain Territory Contiguous
Therewith
Dear Steve:
As you are aware, on May 11, 1992, the Common Council of the City
of South Bend, Indiana, enacted Ordinance No. 8261-92 entitled "An
Ordinance of the Common Council of the City of South Bend, Indiana.,
Annexing to the City of South Bend Certain Territory Contiguous
Therewith," annexing to the City of South Bend approximately 21
acres of land located to the southeast of the intersection of Douglas
Road and State Road 23 in St. Joseph County. Ordinance No. 8261-92,
by operation of law, is not yet effective as a remonstrance was filed
in the St. Joseph Circuit Court within the time period established by
statute.
As you are also aware, on November 19, 1992, Mayor Joseph E.
Kernan presented to the South. Bend Common Council the South Bend
Annexation Policy and Plan prepared with the assistance of Cole
Associates.
In light of the Plan' s goals and priorities, the Department of
Economic Development of the City of South Bend, has concluded that
the interests of the City and. the efficient implementation of the
Plan and Policy, would be best served by focusing the efforts and
1200 County-City Building • South Bend, Indiana 46601 • 219/284-9371 Fax 219/284-9021
Redevelopment Economic Development Housing Rehabilitation Financial & Program Human Rights Planning
Ann Kolata & Business Assistance Kathryn Baumgartner Management Cynthia Love-Bush David Roos
284-9371 Donald Inks 521 Eclipse Place Elizabeth Leonard 284-9355 284-9449
284-9335 284-9475 284-9335
•
Mr. Steve Luecke
Page Two
December 9, 1992
resources of the City and its staff on areas other than the area
addressed by Ordinance No. 8261-92 and recommends the Council adopt
the attached ordinance, rescinding Ordinance No. 8261-92.
Your consideration and approval is respectfully requested.
Sincerely,
t, Director
of Economic Development
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JRH/j1
Attachment
JPM/ORD/RES4