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�ouT1i e� <br /> 1400 CouNw-CITY BUILDING � \ 2 PHONE 5741235-9241 <br /> •� C <br /> 227 JEFF�.gsoN Baum urn w .. PEACE/ FAx 574/235-7670 <br /> , <br /> SouTH BEND,INDIANA 46601-I830 � \ <br /> 1865 <br /> CITY OF So= BENT) STEPHEN J. LuFcn, MAYo.R <br /> DEPARTMENT OF LAW <br /> 04ARLEs S. LEONE ALADFAN M. DERosE <br /> C fYATTORNRY Q4us AssimNT C=ATroRNEY <br /> December 8, 2011 <br /> Mr, Derek Dieter <br /> President, South Bend Common Council <br /> 4th Floor, County-City Building <br /> South Bend, IN 46601 <br /> Re: Resolution to Approve Board of Works Sale of Real Estate Under IC Section 36-1-11-4 <br /> Dear President Dieter: <br /> Attached is a Resolution approving the sale of the real estate located at 717 E. LaSalle <br /> Avenue. On November 14, 2011, the South Bend Board of Public Works approved Resolution <br /> No. 76-2011 which authorizes the sale of real estate located at 717 East LaSalle Avenue, South <br /> Bend, St. Joseph County, Indiana, pursuant to Indiana Code Section 36-1-11-4. Pursuant to I.C. <br /> 36-1-11, sale of this real estate must be approved by the Mayor and by the Common Council. <br /> The Mayor appointed the Board ,of Public Works to hold a public hearing on this matter. <br /> Following that public hearing, the Board made its recommendation to the Mayor to sell this real <br /> estate. The Mayor adopted that recommendation and has approved the sale of this real estate. <br /> The real estate is scheduled to be sold by auction on Monday, December 12, 2011 at 9:30. This <br /> sale will be subject to the action taken by the Common Council on the attached Resolution. <br /> As you are probably aware, the subject matter of this Resolution was litigated in the U.S. <br /> District Court, Northern District of Indiana, Case #3:11 CV 325RM resulting in an Order of <br /> Judge Robert L. Miller, Jr., dated November 21, 2011, which approves of the use of Indiana <br /> Code Section 36-1-11-4 for disposition of the property located at 717 East LaSalle Avenue for a <br /> price of not less than $545,660.60, which procedure for sale of 717 East LaSalle Avenue under <br /> the terms, conditions, and procedures authorized by. I.C. 36-1-11-4 will cure the federal <br /> constitutional defect identified by Judge Miller in his Memorandum and Order dated September <br /> 7, 2011. <br /> Thank you for consideration of this Resolution. I will present this Resolution to the <br /> Common Council and will be available to answer any questions you ma; _rave k..:, <br /> Sincerely, <br /> L11C Z 01 i <br /> (harles S. Leone <br /> City Attorney R <br /> THOMAS L. BODNAR CHERYL A. GREENE ANN-CAROL NASH <br /> ANDREA L. BEACHKOFSKY LAWRENCE J. METUVER JEPPREY L. SANFORD JOxN E. BRODEN <br />