12-19-11 Special Meeting Minutes

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SPECIAL MEETING DECEMBER 19, 2011 approved Resolution No. 7602911 which authorizes the sale of real estate located at 717 East LaSalle Avenue, South Bend, St. Joseph, County, Indiana, pursuant to Indiana Code Section 36-1-11-4. Pursuant to I.C. 36-1-11, sale of this real estate must be approved by the Mayor and by the Common Council. The Mayor appointed the Board of Works to hold a public hearing on this matter. Following that public hearing, the Board made its recommendation to the Mayor to sell this real estate. The Mayor adopted that recommendation and has approved the sale of this real estate. The real estate was sold by auction on Monday, December 12, 2011. The sale was subject to the Council taking action tonight. Mr. Leone not3ed that the subject matter of this Resolution was litigated in the U.S. District Court, Northern District of Indiana, Case #3:11CV 325RM resulting in an Order of Judge Robert L. Miller, Jr., dated November 21, 2011, which approves of the use of Indiana Code Section 36-1-11-4 for disposition of the property located at 717 East LaSalle Avenue for a price of not less than $545,000.00, which procedure for sale of 717 East LaSalle Avenue under the terms. Conditions, and procedures authorized by I.C. 36-1-11-4 will cure the federal constitutional defect identified by Judge Miller in his Memorandum and Order dated September 7, 2011. Councilmember Rouse asked how many bidders there were. Mr. Leone stated only one (1). Councilmember Oliver Davis asked when it comes to legal matters will the court have to deal with the issue of attorney fees Mr. Leone stated that is a matter that is yet to be resolved. ADJOURNMENT There being no further business to come before the Council, President Derek D. Dieter adjourned the meeting at 5:19 p.m. ATTEST: ATTEST: ____________________________ ____________________________ John Voorde, City Clerk Derek D. Dieter, President 5