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October 1985
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October 1985
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South Bend HPC
HPC Document Type
Minutes
BOLT Control Number
1001490
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1� <br />FROM: <br />APPENDIX "A" <br />10-85 <br />CITY ATTORNEYS OFFICE <br />INTER -OFFICE MEMO <br />KAREN KIEMNEC <br />EUGE NIA S. SCHWARTZ C <br />DATE: OCT. 21, 1985 <br />SUBJECT: INTERPRETATION OF RIVERSIDE DISTRICT STANDARDS <br />This is to confirm our conversation October 14, 1985, <br />concerning the legal interpretation of the current Riverside <br />Historic District standards pertaining to voting and serving on the <br />neighborhood liaison committee for that district. <br />The standards require both voters and liaison committee <br />members to be homeowners. There is a provision for a land contract <br />buyer to be a voter, provided that the homeowner gives a written <br />proxy to that land contract buyer. There is no mention in the <br />standards of renters, either as voters or as members of the liaison <br />committee. <br />Due to the above silence in the official documents of the <br />district, it is the opinion of Kevin Butler and myself that renters <br />may not vote and may not serve on the liaison committee under the <br />current standards for that district. There is no ability under the <br />current standards for a property owner to give his proxy to a <br />renter in order to enable him to vote, nor is there any provision <br />for a power of attorney to be given to a renter to enable him to <br />vote. <br />Changes in procedures and standards currently in place, <br />which have previously been adopted by the Historic Preservation <br />Commission, may be changed by the Commission by following the same <br />procedures used by the Commission to adopt those procedures or <br />standards originally. A requirement in the standards that they be <br />reviewed by the Commission "at least every five years" does not <br />prevent the Commission from reviewing, and, if they wish, changing <br />those procedures before five years. The Commission can make that <br />review and make any changes at any time, as long as that action <br />occurs within the five year period. <br />The question was asked whether a power of attorney could <br />be required instead of a proxy from the property owner to enable <br />his renter to take part in an historic district election, whether <br />as voter or as candidate. That decision would be up to the <br />Commission, and would not require any authorization by any other <br />• body, such as a bank. <br />
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