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1400 CouN7Y GTYBuLDwc 4 .,\ PRONE 5741235-9241 <br /> 227 W.JumsoN BOLUVARD rFicr ji'% FAX 5741 235-7670 <br /> SouTU BEND,INDIANA 46641-1830 <br /> 1$6� <br /> CM of SOUTH BEND STEPHEN J. LuFcKE,MAYOR <br /> DEPARTMENT OF LAW <br /> CHARLEs S. .LEONE ALADEAN M. DEROSE <br /> OTT AT roRNFY CHTFY ASsrsTANT CriyATTORNEY <br /> December 8, 2011 <br /> Mr. Derek Dieter <br /> President, South Bend Common Council r �. <br /> 4 t 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 $545,000.00, 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 may have. <br /> Sincerely, t _ <br /> f <br /> Charles S. Leone <br /> City Attorney <br /> THOMAS L. BODNAR C14F,RYL A. GREENE ANN-CAROL NASH <br /> ANDREA L.BEAcHKOFSKY LAWRF.NCE J.METErdER JEFFREY L.SANFORD JoHN E. BRODEN <br />