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Home My WebLink AboutAmending Chapter 21 Article 6.5 entitled Historic Preservation Commission (2) ORDINANCE No. 7814-87 Passed by the Common Council of the City of South Bend, Indiana November 9, 'go 87 Attest: � l '�-' ter- t J City Clerk IRENE K. GAMMON Attest: i:� �� _ -- - President of Common Council i Presented by me to the Mayor of the City of South Bend, Indiana _ November 10 , 87 19 City Clerk IRENE K. GAMMON Approved and signed by me 11-61"00)231i 1.2 19 �� Mayor • 4 ORDINANCE NO. 710V-87 AN ORDINANCE AMENDING SOUTH BEND MUNICIPAL CODE CHAPTER 21 , ARTICLE 6 .5 , ENTITLED HISTORIC PRESERVATION COMMISSION STATEMENT OF PURPOSE AND INTENT: It is the intent of this Ordinance to amend Chapter 21 of the Municipal Code of the City of South Bend in order to authorize the Historic Preservation Commission to receive and accept preservation easements. NOW, THEREFORE, BE IT ORDAINED by the Common Council of South Bend, Indiana, as follows: SECTION I. Section 21-117 .2 in Article 6 .5 of Chapter 21 of the Municipal Code of the City of South Bend, Indiana, is hereby amended by the addition thereto of the following new subsection (m) : (m) The Historic Preservation Commission shall receive and accept preservation easements, determined by the Commission to be appropriate and acceptable, as follows : (1) The preservation easements shall be created and conveyed in accordance with the provisions of Indiana Code 32-5-2 .6-1 et seq. ("Act") ; (2) The Commission shall receive, accept, 4 administer, monitor and enforce the preservation easements in accordance with the provisions of the Act and rules and regulations adopted by the Commission; (3) The Commission may charge any person granting a preservation easement to the Commission a filing and administration fee reasonably related to the Commission's costs of processing, recording and periodically reviewing and monitoring the preservation easement; (4) The Commission may enforce the terms and provisions of the documents creating any preservation easement and may collect- ,from the person or persons against whom such enforcement is sought the Commission' s costs of enforcement, including without limitation court costs and attorneys ' fees, and the document creating any preservation easement accepted by the Commission shall provide for the payment of such enforcement costs; (5) The Commission may accept a preservation easement only if all persons with an interest in the subject real property at the time that the easement is granted join in the grant and conveyance of the easement to the Commission; and -2- . . (6) As used in this sub-section (m) , "preservation easement" means a non-possessory interest of the Historic Preservation Commission in real property imposing limitations or affirmative obligations for the purpose of preserving the historical, architectural, archeological, or cultural aspects of such real property. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the .Mayor, and any publication required by law. 4egigila..eli r*-■11..7- 5'___# . emb= of the Comm" Co cil id READING 9- / 4"i-8 7 Filed In Clerk's Office PUBLIC HEARING f`- 9- g 7 2nd READING </ - Q- $' 7 SEP APPROVED SEP 2 1987 REFERRED PASSED ,'— 9 - 8'7 IRENE GAMMON CM CLERK, SO. BEND, IN. -3- KJB-1/SBMUN historic p reservation commission of south bend and st. Joseph county ROOM 1123 COUNTY CITY BUILDING south bend, indiana 46601 (219) 284-9798 August 28, 1987 Common Council City of South Bend 4th Floor, County/City Building South Bend, IN 46601 Honorable Council Members: Attached please find a proposed ordinance drafted by our attorney, Kevin Butler. The ordinance would allow the donation of facade easements to the Historic Preservation Commission for the purpose of providing additional preservation incentives for our historic landmark program. Upon the acceptance of the facade easement, property owners would then receive a local property tax reduction according to the provisions of Indiana Code 32-5-2.6-1 et seq. Passage of this proposed ordinance will enable the Historic Preser- vation Commission to implement this program that will provide recognition of the importance of our local historic landmarks. We would appreciate your favorable consideration of this matter. Sincerely, ri John Oxian Vice-President ( ,r Lynette Jentoft-Nilsen Director • AREA PLAN COMMISSION RICHARD S. JOHNSON OF ST. JOSEPH COUNTY, IN Executive Director Room 1140 County-City Building South Bend, Indiana 46601 (219) 284-9571 October 21, 1987 .12 ,, Q The Honorable Common Council City of South Bend County-City Bldg. - 4th Floor South Bend, In 46601 RE: A proposed ordinance initiated by Councilman Joseph Serge amending South Bend Municipal Code Chapter 21, Article 6.5, entitled Historic Preservation Commission, to authorize the Historic Preservation Commission to receive and accept preservation easements - APC #1135-87 Gentlemen: The above referenced ordinance and initiated by Councilman Joseph Serge was legally advertised October 9 and October 10, 1987. The Area Plan Commission gave it a public hearing on October 20, 1987, at which time the following action was taken: Upon a motion by Rene Vandewalle being seconded by William Limerick, and unanimously carried, the proposed ordinance initiated by Councilman Joseph Serge amending South Bend Municipal Code Chapter 21, Article 6.5, entitled Historic Preservation Commission, to authorize the Historic Preservation Commission to receive and accept preservation easements is sent to the Common Council with a favorable recommendation The deliberations of the Area Plan Commission and points considered in arriving at the above decision are shown in the minutes of the public hearing, and will be forwarded to you at a later date to be made a part of this report. Attached, for your consideration in the review of this matter, is a copy of the Area Plan Commission's Staff Report. Sincerely, Richar %S. Johnson RSJ/sr Attachment CC: Historic Preservation Serving: South Bend, Lakeville, New Carlisle, North Liberty, Roseland &'St. Joseph County, IN TAFF REPORT . ,I ITI TED BY JOSEPH SERGE #113-87 October 9, 1987 To authorize Historic Preservation Commission to receive and accept preservation easements • • City of South Bend • REQUESTED ACTION: ' The intent of this amendment is to authorize the Historic Preservation Commission to accept the donation of facade easements for the purpose of providing preservation incentives for the Historic- Landmark Program • • • • • • • • • • •