03-23-81 Council Meeting Minutes

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IVA REGULAR MEETING MARCH 23, 1981 RESOLUTION NO. 874 -81 A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, DETERMINING THAT A PURPORTED REMONSTRANCE FILED IN OPPOSITION TO THE ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS OF THE CITY OF SOUTH BEND IS LEGALLY INSUF- FICIENT. WHEREAS, an ordinance of the City of South Bend, Indiana, authorizing the is- suance and sale of bonds of said city in order to provide funds for various purposes was passed by the Common Council of the City of South Bend on January 12, 1981, said ordinance being Ordinance No. 6881 -81, WHEREAS, the City Clerk, as directed by said ordinance, caused Notice of Peti- tion for and Determination to Issue Bonds to be posted in three (3) public places on January 16, 1981 and published in two (2) newspapers on January 16, 1981 and January 23, 1981, WHEREAS, said bond ordinance provides that in the event a remonstrance is filed, no further steps toward the issuance of said bonds shall be taken until the Common Council shall take action to determine that the remonstrance is insufficient, WHEREAS, the law firm of Ice Miller Donadio and Ryan has been retained by the City of South Bend as bond counsel and has reviewed all proceedings and documents filed involving the issuance and sale of general obligation bonds by the City of South Bend. WHEREAS, a verified remonstrance against the issuance and sale of general oblig- ation bonds as approved in said bond ordinance was filed with the Clerk on February 16, 1981, WHEREAS, the City Clerk delivered to the County Auditor on February 17, 1981, said verified remonstrance for purposes of certification by the Auditor, WHEREAS, an Auditor's Certificate certifying the number of remonstrators that are real property owners as required by Indiana law was filed with the Clerk by the County Auditor on February 24, 1981, WHEREAS, the firm of Ice Miller Donadio and Ryan has determined in a written opinion that said remonstrance should be included an Auditor's Certificate at the time of its filing with the Clerk on February 16, 1981, which date was the last date for the filing of a remonstrance under Indiana law. WHEREAS, said law firm has determined that the remonstrance filed in objection to the issuance and sale of general obligation bonds is legally insufficient to cons- titute a remonstrance under Indiana Law, WHEREAS, said law firm has determined that the Common Council may continue pro- ceedings for the issuance and sale of bonds as approved in said bond ordinance, that: NOW THEREFORE, BE IT RESOLVED by the Common Council of the City ofSouth Bend SECTION 1. The remonstrance filed in opposition to the issuance and sale of general obligation bonds by the City of South Bend is legally insufficient. SECTION 2. The City Controller, as authorized by said bond ordinance, is dir- ected to proceed with the issuance and sale of said bonds. SECTION 3. This resolution shall be in full force and effect from and after its adoption by the Common Council and approval by the Mayor. MEMBERS OF THE COMMON COUNCIL /s/ Walter M. Szymkowiak /s/ Lewis A. McGann /s/ Walter T. Kopczynski /s/ Robert G. Taylor /s/ Joseph T. Serge /s/ Beverlie J.Beck City Clerk, Irene Gammon, presented the remonstrance petitions to the Common Council. A public hearing was held on the resolution at this time. Mayor Roger O. Parent indicated the City's presentation would be made in three parts. Richard Hill, City Attorney, indicated that the letter Mrs. Gammon presented to the Council indicates that remonstrance petitions were filed in her office on February 16, 1981, and a completed Auditor's Certificate indicating those remonstrance petitioners were owners of real property was filed in her office on February 24th. He indicated that those documents, as well as other documents, were submitted to bond counsel, who determined that the remonstrance was flawed. He indicated they determined that rather than a complete remonstrance being filed within thirty days, as required by law, the remon- strance was not filed until thirty -eight days. He indicated that this resolution is essential if the City is to continue with the bond issuance process. He indicated that his office was forced to take an adversarial position in this matter regarding questions from the remonstrators.