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 insufficient

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RESOLUTION NO.Y % 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 INSUFFICIENT WHEREAS, an ordinance of the City of South Bend, Indiana, authorizing the issuance 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 Petition 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 obligation 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, q C_ WHEREAS, the firm of Ice Miller Donadio and Ryan has determined in a written opinion that said remonstrance should have 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 constitute a remonstrance under Indiana law, WHEREAS, said law firm has determined that the Common Council may continue proceedings for the issuance and sale of bonds as approved in said bond ordinance,