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REGULAR MEETING JULY 27, 2009 <br /> <br /> <br /> <br />RESOLUTION NO. 3985-09 A RESOLUTION OF THE COMMON COUNCIL <br /> OF THE CITY OF SOUTH BEND, INDIANA, <br /> APPROVING AN ORDER OF THE ST. JOSEPH <br /> COUNTY AREA PLAN COMMISSION <br /> APPROVING A CERTAIN DECLARATORY <br /> RESOLUTION AND AN AMENDMENT TO THE <br /> AIRPORT ECONOMIC DEVELOPMENT AREA <br /> DEVELOPMENT PLAN ADOPTED BY THE <br /> SOUTH BEND REDEVELOPMENT <br /> COMMISSION <br /> <br />, <br />WHEREAS the South Bend Redevelopment Commission (the <br />“Commission”), the governing body of the South Bend Department of Redevelopment <br />and the Redevelopment District of the City of South Bend, Indiana, pursuant to Indiana <br />Code 36-7-14 (the “Act”), on July 14, 2009, approved and adopted its Resolution No. <br />2552 (the “Declaratory Resolution”), Exhibit A, amending the acquisition list in the <br />Airport Economic Development Area Development Plan (the “Plan”) for the Airport <br />Economic Development Area (the “Area”) and amending the Airport Economic <br />Development Area Development Plan (the “Plan Amendment”); and <br /> <br />, <br />WHEREAS the Plan Amendment calls for the addition of various parcels <br />located within the Area, to the Acquisition List contained within the Plan; and <br /> <br />, <br />WHEREAS the St. Joseph County Area Plan Commission (the “Plan <br />Commission”), which is the duly designated and acting official planning body for the <br />City of South Bend, Indiana (the “City”), on July 21, 2009, adopted and approved a <br />resolution, a copy of which is attached hereto as Exhibit B, determining that the <br />Declaratory Resolution and the Plan Amendment conform to the plan of development for <br />the City and approving, ratifying and confirming the Declaratory Resolution and the Plan <br />Amendment, and designating such resolution as the written order of the Plan Commission <br />approving the Declaratory Resolution and the Plan Amendment as required by Section 16 <br />of the Act (the “Plan Commission Order”); and <br /> <br />, <br />WHEREAS Section 16 of the Act prohibits the Commission from <br />proceeding until the Plan Commission Order is approved by the municipal legislative <br />body of the City; and <br /> <br />, <br />WHEREAS the Common Council of the City is the municipal legislative <br />body of the City and now desires to approve the Plan Commission Order in order to <br />permit the Commission to proceed with the redevelopment of the Area; <br /> <br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the <br />City of South Bend, Indiana, as follows: <br /> <br />1. The Plan Commission Order attached hereto is in all respects <br />hereby approved, ratified and confirmed. <br /> <br />2. This Resolution shall be in full force and effect from and after its <br />adoption by the Common Council of the City and compliance with procedures required <br />by law. <br /> <br />PASSED AND ADOPTED by the Common Council of the City of South <br />Bend, Indiana, this 27th day of July, 2009. <br /> <br /> <br /> s/Derek D. Dieter <br /> Member of the Common Council <br /> <br /> <br /> <br /> 24 <br /> <br />