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