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HomeMy WebLinkAboutAnnexing - North of Fillmore Rd West of Lombardy DrORDINANCE No. 5122 -69 Passed by the Common Council of the City of South Bend, November 10, 69 rq Presented by me to the Mayor of the City of South Bend, Approved and signed by November 12, --69 Clerk )f Common Council Clerk 27 Acre Tract Portage Trap. North of-Fill-more Rd. West of- Lombardy Dr. ORDINANCE NO. 5122 -69 AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS, THERHE)F AS AMENDED. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Section 1: That the following described real estate in St. Joseph County, State of Indiana, be and it hereby is annexed to and brought within the City of South Bend, Indiana: A part of the Southeast 1/4 of the Southeast 1/4 of Section 5, Township 37 North, Range 2 East located in St. Joseph County, Indiana, more particularly described as follows: 2 Section,8•. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. A Member of the Commo Council of the City of South Bend, Indiana Beginning at the Southeast corner of said Section 5, thence North along the East line of said Section 5, 0 986. 2 feet; thence West 1319. 87 feet to the West r line of said Southeast 1/4 of the Southeast 1/4 of N Section 5, said line being also the East line of the ,—i recorded plat of Portage Gardens, an addition recorded in the office of the County Recorder of Q0 rn St. Joseph County, Indiana; thence South along said 1 d cI p 1 East line of Portage Gardens, 988.71 feet to the e �? I nrn v I wN� South line of said Section 5; thence East along said o -n o W ° =ol 01 K rn South line of Section 5, 481 feet; thence North y rn 3a� w to parallel with said West line of the Southeast 1/4 -Z.4 mF c '4 q. o of the Southeast 1/4, 476 feet; thence East parallel � o F 1 with said South line of Section 5, 260 feet; thence w a_ Z € South parallel with said West line of the Southeast z i W LLa 0 OO�J ASK 1/4 of the Southeast 1/4, 476 feet to the South line u W °v m� of said Section 5; thence East along said South line Cam. of Section 5, 582. 1 feet to the place of beginning. 2 Section,8•. This Ordinance shall be in full force and effect from and after its enactment, approval by the Mayor, and legal publication. A Member of the Commo Council of the City of South Bend, Indiana EXCERPTS OF THE-MINUTES OF THE MEETINGS ON ORDINANCE NO. 5122 -69. ORDINANCES, FIRST AND SECOND READING, September 22 1969 The Ordinance was given first reading by title and second reading in full. Councilman made a motion that a public hearing be held on October 27, 1969. Councilman Wise seconded the motion. Motion carried. COMMITTEE OF THE WHOLE MEETING; October 27, 1969 This being the time heretofore set for public hearing on the above Ordinance, proponents and opponents were given an opportunity to be heard thereon. Attorney Sam Mirkin spoke in behalf of the residents of the area. He filed a petition which he said bore the names of 530 signers who objected to the annexation, most of which lived outside the tract to be annexed. He stated that the people knew the purpose of the annexation - -'it's for low- income housing and the West Side already is cluttered with public housing." Attorney F. Jay Nimtz represented the petitioner, Neva L. Templeton, 19391 Haviland Drive. The First Community Development Corp. has a contract to purchase the site. He said a plot plan has been filed with the Council showing that 118 single- family housing units are to be erected on the site:. Councilman Grounds stated that the only issue before the Council was an- nexation. Residents speaking against the Ordinance were Mr. Edward Galvas, 55121 Chamberlain, South Bend; Mr. Tom Enyert, 4605 Ridgeway, South Bend, and Mr. Richard O. Chwalek, 205 Woodhill Lane, South Bend. They claimed public housing in this area will overload the sewer systems, the schools and "create chaos." Councilmen Allen and Reinke and City Engineer Lloyd Taylor spoke for the administration and the Council when they replied that the City must increase its base in „orde.r.:- .to,..assure continued growth an 3 ecom`ic growth and economic health. They said the suburban areas are a part of the metropolitain area. Councilman Laven made a motion that the title of the Ordinance be amended as follows: (1)l AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS. (2) Present Section 2 be deleted in its entirity. (3) Present Section 3 be changed to Section 2. Councilman Allen seconded the motion. Motion carried. Councilman Szymkowiak made a motion that the Ordinance go to the Council as unfavorable, Council- man Zielinski seconded the motion. Motion defeated, 4 ayes (Councilmen Szymkowiak, Zielinski, Wise and Craven) 5 nays (Councilmen Reinke, Laven, Palmer, Allen and Grounds) Councilman Laven made a motion that the Ordinance go to the Council as favorable, Councilman Reinke seconded the motion. 5 ayes (Councilmen Laven, Allen, Reinke, Grounds, Palmer) 4 nays (Councilmen Craven, Wise, Zielinski and Szymkowiak) Motion carried. REPORT OF THE COMMITTEE OF THE WHOLE, October 28 1969 To the Common Council of the City of South Bend: Your Committee of the Whole to whom was referred "AN ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS AND PROVIDING FOR THE ZONING CLASS- IFICATION THEREOF ", respactfully report that they have examined the matter and that in their opinion the Ordinance go to the Council favorable as amended. /s/ William W. Grounds Chairman ORDINANCES, THIRD READING October 28 1969 Ordinance No. 5122 -69 The Ordinance was given third reading. Councilman Szymkowiak made a motion that the Ordinance go unfavorable to the Council. Councilman Zielinski seconded the motion. Councilman Szymkowiak then withdrew his motion. Councilman Zielinski made a motion that the Ordinance be sent back to the Annexation Committee for further study. Councilman Szymkowiak seconded the motion. Motion carried. 6 ayes (Councilmen Craven, Allen, Wise, Palmer Zielinski and Szymkowiak) 3 nays (Councilmen Grounds, Reinke and Laven.) EXCERPTS OF THE MINUTES OF THE MEETINGS ON Ordinance No. 5122 -69 Paste 2 REPORT FROM THE ANNEXATION COMMITTEE, November 10, 1969 To the Common Council of the City of South Bend: Your Committee, the Annex- ation Committee, to whom was referred "AN.ORDINANCE ANNEXING TO AND BRINGING WITHIN THE CITY OF SOUTH BEND, INDIANA CERTAIN LANDS, AS AMENDED (North of Fillmore Rd,West of Lombardy) respectfully report that they have examined the matter and that in their opinion the Ordinance should be brought to the Council for 3rd reading and final consideration at the Novem- ber 10, 1969 meeting. Also, involved in the consideration on the above matter, is the need to annex the surrounding areas as follows: 1. The VFW Post #9820, 23161 Fillmore Road. 2. The area bound generally by the Penn - Central tracks on the North, the present City Limits on the South and Mayflower Road on the West. It is recommended that two (2) annexation Ordinances be introduced at the November 10, 1969 meeting on the above areas. /s/ Robert O. Laven Chairman There being no objections, the report was accepted as read and placed on file. ORDINANCES, THIRD READING, November 10 1969 The Ordinance was given third reading. Councilman Grounds made a motion that the Ordinance be passed. Councilman Reinke seconded the motion. Council President Laven asked if there was a motion for a discussion on the Ordinance. Councilman Grounds made a motion for a discussion. Councilman Reinke seconded the motion. Motion carried. Councilman Szymkowiak said there were plenty of other sites where housing could be built and he said "it is a selfish motive by a person pushing this annexation." Councilman Zielinski said the Council was only informed this evening at their caucus meeting that 118 units (not 55) are to be built on the 27 acres. He said he believed the Council needed more time to discuss this with the Housing Authority and the Ordinance should be sent back to Committee for further study. Councilman Craven and Wise said they supported Councilman Zielinski's remarks. Council- man Wise said he realized there is a great need for this housing expecially if we want to go ahead with our downtown renewal program. He said the Council is committed to this annexation. The Ordinance was passed by a roll call vote of 5 ayes. (Councilmen Laven, Reinke, Grounds, Craven, Palmer) 4 nays. (Councilmen Zielinski, Allen, Szymkowiak and Wise) KATHRYN L. BLOUGH, CITY CLERK Q1Alipttl'IxiPP �B}tmt# XV tae Unnwn (Qonnril of tar (Mg of Omaa fend: Your Committee The Annexation Committee November 7, 1969 to whom was referred AN ORDINANCE ANNEXING TO AND BRING WITHIN THE CITY OF SOUTH BEND, INDIANA, CERTAIN LANDS. (North of Fillmore Rd, West of Lombardy)AS to eri c,i. Respectfully report that they have examined the matter and that in their opinion The Ordinance should be brought to the Council for 3rd reading and final consideration at the November 10, 1969 meeting. Also, involved in the consideration on the above matter, is the need to annex the surrounding areas as follows: 1. The VFW Post #9820, 23161 Fillmore Road, 2. The area bound generally by the Penn - Central tracks on the North, the present City Limits on the East, the present City Limits on the South and Mayflower Road on the West. It is recommended that two (2) annexation Ordinances be introduced at the November 10, 1969 meeting on the above areas. FILED IN CLERK'S OFFICE RoberChOrmnaven NOV 7 1969 KATHRYN L. BLOUGH CITY CLERK, SOUTH BEND, IND.