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HomeMy WebLinkAboutRepealing Ordinance No 5177-70 Annexed Described as Gilmer ParkORDINANCE NO. 6091 -76 Passed by the Common Council of the City of South Bend, Indiana. December 13 .__ 76 Clerk IRENE K. GAMMON of Common Council Presented by me to the Mayor of the City of South Bend, Indiana December 14 - 76 Clerk IRENE K. GAMMON Approved and signed by me Q� - - - �/ u z924L- ORDINANCE NO. („n 9 1 -1 G AN ORDINANCE REPEALING ORDINANCE NO. 5177 -70 PASSED APRIL 28, 1970 WHICH ANNEXED TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, CERTAIN TERRITORY EMBRACING 890 ACRES AND GENERALLY DESCRIBED AS GILMER PARK. WHEREAS, the City of South Bend by Ordinance No. 5177 -70 passed by the Common Council April 28, 1970 and approved and signed by the Mayor on April 30, 1970 annexed to the Municipal City of South Bend approximately 890 acres of land located in Sections 25and 26 Township 37 North Range 2 East and Sections 35 and 36 Township 37 North Range 2 East and Sections 1 and 2 Township 36 North Range 2 East, all in Centre Township, St. Joseph County, Indiana, which territory is generally known and described as Gilmer Park. WHEREAS, remonstrance was filed to said Ordinance within sixty (60) days after the last publication of said Ordinance by a majority of the owners of land in the territory and that said remonstrance is currently pending for a hearing in St. Joseph Superior Court, Cause No. E -5094. WHEREAS, the City of South Bend has determined that it would be in the best interest of the City not to pursue said annexa- tion and remonstrance further, and that said annexation ordinance should now be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND: SECTION I. That Ordinance No. 5177 -70 passed by the Common Council on April 2T,_ 1970 approved and signed by the Mayor on April 30, 1970 is hereby repealed. SECTION II. This Ordinance shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor. st READIN'3 !"JBLIC IicARING 2nd READING NOT APPROVED REFERRED PASSED I a- l 3 -i (e E.�-� -. Member of the Common Council Irene Gammon CITY CLERK, SOUTH BEND, IND. Thomas J. Brunner, Jr. City Attorney Robert M. Parker Chief Deputy CITY of SOUTH BEND PETER J. NEMETH, Mayor COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 November 17, 1976 South Bend Common Council County -City Complex 227 West Jefferson Boulevard South Bend, Indiana 46601 Dear Members of the Common Council: PLIJTQ4 6c� LU � m 6 a 7NDIANP 219/284 -9241 Pursuant to a decision mutually reached between the Council and the Administration at a Council Caucus in August 1976, a final attempt was made to reach settlement of the pending Gilmer Park annexation case. An offer was made in writing to the attorney for the remon- strators setting forth the proposed terms acceptable to the City of this settlement. This offer has been rejected by the attorney for the remonstrators. The Administration now believes that it is in the best interest of the City if the litigation of the pending case is discontinued. One of the alternative legal procedures for terminating this litigation is a repeal of the original annexation Ordinance by the Common Council. After repeal of this Ordinance the City then proposes to petition the court for a dismissal of the pending litizat;nn. Very truly yours, ( p k/ Par �e� Deputy City Attorney RMP /klh Tvmmittre Stpart (To tke (80MU n (90uuril of Or (gffg of Ovnt4 1knk- Your Committee OF THE WHOLE to whom was referred AN ORDINANCE REPEALING ORDINANCE NO. 5177 -70, PASSED APRIL 28, 1970 WHICH ANNEXED TO THE MUNICIPAL CITY OF SOUTH BEND, INDIANA, CERTAIN TERRITORY ENBRACING 890 ACRES AND GENERALLY DESCRIBED AS GILMER PARK. Respectfully report that they have examined the matter and that in their opinion THIS ORDINANCE BE RECOMMENDED TO THE COUNCIL FAVORABLY. Frank Horvath Chairman FR 6[ I.... u .......... CO.