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RESOLUTION NO. 12- A RESOLUTION OF THE HISTORIC PRESERVATION COMMISSION OF SOUTH BEND AND ST. JOSEPH COUNTY, INDIANA MAKING A RECOMMENDATION TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND ON ESTABLISHING THE AVON THEATRE AS A HISTORIC LANDMARK WHEREAS, the Historic Preservation Commission of South Bend and St. Joseph County, - Indiana (the "Commission") exists and operates under the provisions of ordinances enacted by the Common Council of the City of South Bend, Indiana, and the County Council of St. Joseph County, Indiana (the "Enabling Ordinances"); and WHEREAS, the Commission is empowered, pursuant to the Enabling Ordinances, to make recommendations to the Common Council of the City of South Bend, Indiana for the establishment of historical landmarks; and WHEREAS, on July 12; 2012, the Commission held a meeting to consider land mark status for the Avon Theatre located at 309 South Michigan Street, in the city of South Bend, Indiana; and WHEREAS, at that meeting, the Commission adopted a proposal to recommend to the Common Council of the City of South Bend (the "Common Council") that the Avon Theatre be designated as a historic landmark pursuant to South Bend City Ordinance No. 5565-73, as amended; and WHEREAS, at that meeting, the Commission further declared that the Avon Theatre be place under interim protection pursuant to the Municipal Code of the City of South Bend, Section 21-13.02(d)(5); and WHEREAS, on July 23, 2012, the Common Council introduced its Bill No. 35-12, proposing to establish the Avon Theatre as a historical landmark within the City of South Bend; and WHEREAS, pursuant to Section 21-13.02(d)(4), the Common Council has referred Bill No. 35-12 to the Commission to hold a public hearing to hear comments on the establishment of the Avon Theatre as a historic landmark and to make a recommendation back to the Common Council; and WHEREAS, the Commission has heard and considered the comments made at said public hearing at the Commission's regularly scheduled meeting on September 17, 2012, at 7:0.0 p.m.; and WHEREAS, the Commission now desires to make a recommendation to the Common