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RESOLUTION NO. A[ 4 a-
<br />A RESOLUTION AUTHORIZING THE CITY CONTROLLER
<br />AND THE CITY'S LEGAL COUNSEL TO ACT ON BEHALF
<br />OF THE CITY ON ALL APPEALS REGARDING THE BUDGET
<br />AND TAX LEVY ORDINANCE.
<br />WHEREAS, the Common Council of the City of South Bend,
<br />St. Joseph County, Indiana did, on the 26th day of August, 1974,
<br />after a public hearing was had and held, pass a budget ordinance
<br />and a tax levy ordinance; and
<br />WHEREAS, the appropriations set forth in the budget
<br />ordinance and the tax levy ordinance were enacted for the purpose
<br />of raising revenue to meet the necessary expenses of the City
<br />Government, its various departments, funds, commissions and
<br />institutions for the fiscal year ending December 31, 1975; and
<br />WHEREAS, the laws of the State of Indiana have imposed
<br />a frozen tax rate of $5.00 for the City of South Bend; and
<br />WHEREAS, the laws of this State allow for exceptions to
<br />that frozen rate; and
<br />WHEREAS, the Common Council of the City of South Bend
<br />adopted a budget and tax levy ordinance with a tax rate of $5.10
<br />in good faith reliance on said exceptions; and
<br />WHEREAS, said budget and budget ordinance and tax levy
<br />and tax levy ordinance are subject to the scrutiny of the Auditor
<br />of St. Joseph County, Indiana, the St. Joseph County, Indiana Board
<br />of Tax Adjustment, and the State Board of Tax Commissioners of the
<br />State of Indiana, and that any of such constituted authorities,
<br />under the powers granted them by statute, could revise, change or
<br />reduce such budget, levy and rate as fixed by the Common Council;
<br />and
<br />WHEREAS, any such revisions, changes or reductions in said
<br />budget, levy and rate, could affect the ability of the City Govern-
<br />ment to carry out its proper governmental functions and responsibili-
<br />ties committed to it by law.
<br />NOW, THEREFORE, BE IT RESOLVED by the Common Council of the
<br />City of South Bend, that in the event the St. Joseph County, Indiana
<br />Auditor, the St. Joseph County, Indiana Board of Tax Adjustment, or
<br />The State Board of Tax Commissioners of the State of Indiana, shall,
<br />in any manner, revise, change or reduce such budget, levy or rate,
<br />as fixed by the Common Council of the City of South Bend, and by so
<br />doing, affect the ability of the City Government to carry out their
<br />proper governmental functions, the City Controller, in conjunction
<br />with the City's Legal Counsel, or other proper officer of the City,
<br />are hereby authorized, on behalf of the City, to institute, process
<br />and carry to conclusion all available appeals from any and all of
<br />such authorities to the proper appeal authority or authorities, as
<br />the case may be, and said City Controller and Legal Counsel are
<br />further authorized to file any necessary appeal(s) for relief from
<br />the decisions of any such governmental bodies to The State of
<br />Indiana Board of Tax Commissioners and the Local Government Tax
<br />Control Board of the State of Indiana, and further to file any
<br />necessary appeal(s) regarding the frozen tax rate.
<br />r M E NO 1 !Mpla W, A ,
<br />My'li m-'W"I
<br />Member of th§(
<br />Adopted September 9, 1974 as amended.
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