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Memorandum Date: February 6, 2013 To: The South Bend Common Council From: Kathleen Cekanski-Farrand, Council AttorneyC! Re: Amended Bill No. 13-14/Resolution No. 4233-13 Resolution Addressing the Management of the Century Center Background Information On January 281h, the South Bend Common Council adopted amended Bill No. 13-14 by a vote of 8- 1. It was signed by Council President Dieter that-evening and then presented to Mayor Buttigieg by Deputy City Clerk Janice Talboom on January 29, 2013 for his review and action. Today, the Office of the City Clerk received the resolution back from the Mayor's Office unsigned. The Mayor also sent a letter dated February 6, 2013, stating why the resolution was returned unsigned. Governing Indiana Law: Indiana Code § 36-4-6-16 applies. It provides that within ten (10) days after the City Executive is presented with an ordinance or resolution, the Mayor is to: • Approve the legislation by signing it; or • Veto the legislation and return it to the legislative body with a message "announcing his veto and stating his reasons for the veto": The state Iaw further provides that unless the legislative body takes action at its next regular meeting after the expiration of the Mayor's ten (10) day period, that the legislation is "considered defeated". A two-thirds (2/3)vote is required of the Council to override the Mayor's action. Monday's Agenda: In light of the above, you will find listed on the 7 p.m. Council's Agenda under "Unfinished Business"this resolution and a reference to the Indiana law. If you have any questions, please do not hesitate to contact me. Thank you. cc: Office of the City Clerk