Appropriating $5,915,000.00 Applied on the Cost of Various Purchases Construction

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r Richard L. Hill City Attorney Robert M. Parker Chief Deputy Thomas L. Bodnar Terry A. Crone Gregory D. Loughrioge James A. Masters Carolyn V. Pfotenhauer, Robert C. Rosenfeld Eugenie S. Schwartz Kathleen E. Skibe CITY of SOUTH BEND ROGER O. PARENT, Mayor COUNTY CITY BUILDING SOUTH BEND, INDIANA 46601 M E M O R A N D U M 219/284 -9241 TO: ROGER 0. PARENT FROM: RICHARD L. HILL L RE: DETERMINATION OF THE LEGAL SUFFICIENCY OF REMONSTRANCE FILED IN OPPOSITION TO THE 1981 GENERAL OBLIGATION BOND ISSUE DATE: March 17, 1981 The bond ordinance passed by the Council on January 12, 1981 authorizes the City through the City Controller to take all necessary steps for the issuance and sale of bonds after the appropriate notices as set out in the ordinance are provided. The ordinance provides in Section 4 that "[I]n the event a remonstrance shall be filed by the owners of taxable real estate under the provisions of I.C. 6- 1.1 -20 -4, then no further steps toward the issuance of said bonds shall be taken unless and until the Common Council shall have determined that such remonstrance is insufficient." Subsequent to remonstrance petitions being filed with the City Clerk on February 16, 1981 and a completed Auditor's Certificate being filed with the Clerk on February 24, 1981, I submitted to Mr. Robert McCord of the law firm of Ice Miller Donadio and Ryan documents concerning the remonstrance and the bond issuance process. Mr. McCord has been retained by the City to act as bond counsel for the general obligation bond issue. In his capacity as bond counsel, he has reviewed all documents which have been prepared by my office for the bond issue. As bond counsel, he will be required to give a final opinion as to the legal adequacy of the entire bond issuance process in light of both Indiana law and applicable Internal Revenue rulings and regulations. The appropriate documents were submitted to Mr.. McCord in a letter dated February 26, 1981. In that letter, I additionally requested a determination as to the legal sufficiency of the remonstrance petitions that were filed. By letter of March 3, 1981, Mr. McCord set out the correct facts concerning the bond issuance process and the filing of the remonstrance petitions and Auditor's Certificate in addition to citing the applicable Indiana law. Mr. McCord determined that the "purported remonstrance" is not legally sufficient to constitute a remonstrance under Indiana law.